Honolulu StarAdvertiser Column:
State government must lift cloak of opacity for public good
https://www.staradvertiser.com/2025/03/06/editorial/island-voices/column-state-government-must-lift-cloak-of-opacity-for-public-good/

By Robert H. Pahia, Sergio J. Alcubilla III and Laura Acasio
March 6, 2025 

The essence of democracy lies in self-governance. Article 1, Section 1 of the Hawaii State Constitution states, “All political power of this State is inherent in the people and the responsibility for the exercise thereof rests with the people.”

With Acasio v. House of Representatives, we are reclaiming our civic agency and asserting the people of Hawaii’s role in shaping the policies that define our quality of life and that of future generations. We seek to hold our representatives accountable to the state Constitution, and reaffirm our belief in a government of the people, by the people, and for the people.

The state House of Representatives, a legislative body meant to be the people’s voice, increasingly operates as an impenetrable fortress. Article III of the Hawaii State Constitution explicitly states, “Every meeting of a committee in either house … held for the purpose of making decisions on matters referred to the committee shall be open to the public.”

Previously, House rules required the formation of a House Advisory Committee on Rules and Procedure to review House rules and propose amendments. These same rules also mandated that the committee hold public meetings when making decisions and provide public notice of those meetings. This is especially important because the Sunshine Law does not cover the Legislature.

When the House Advisory Committee was formed, we were hopeful. We believed it would provide a genuine opportunity for public participation, as required by the Constitution. We expected open discussion and debate on House rules, leading to transparent and thoughtful recommendations.

Before filing this lawsuit — and before the House changed its rules behind closed doors — we reached out to representatives by phone, email and in person, requesting to be informed and allowed to participate in the relevant committee meetings.

Regrettably, the committee made its decisions in secret, holding no public meetings as required by the Hawaii Constitution. There was no public notice, no transparency, and no opportunity for participation.

This problem extends beyond House rules. Legislation is routinely drafted and decided upon in isolated committees, shielded from public scrutiny. Critical issues are often settled behind closed doors, leaving engaged citizens and stakeholders shut out. This closed decision-making process weakens representative democracy and conflicts with the fundamental principles of the Constitution.

This lawsuit demands adherence to the will of the voters and challenges all lawmakers to recommit to their duty to engage the people of Hawaii in meaningful ways. It is a reminder that their power comes from the governed — not the other way around. We hope that this lawsuit compels our representatives to dismantle the barriers they have erected between themselves and the people they are sworn to serve.

Democracy is a dynamic activity, meant to be practiced in the sunlight. Holding our leaders accountable is an essential part of good governance, and we must never abstain from our duty as citizens to do so.

Robert H. Pahia, Sergio J. Alcubilla III and Laura Acasio are plaintiffs in the recently filed lawsuit, Acasio v. House of Representatives; this was also signed by fellow plaintiffs Ka’apuni Aiwohi, Tanya Aynessazian, Doug Cobeen, Karen Cobeen and Michaela Ikeuchi.