Hawaii Farmers and Ranchers United Response to John Doe vs. County of Hawaii GMO Lawsuit

Hawaii Farmers and Ranchers United is aware of the legal action  “John Doe vs. County of Hawaii” filed in State Superior Court against the County of Hawaii…

Farmers and Ranchers UnitedWe “STRONGLY SUPPORT and Stand United with our fellow Farmers in this suit. Brought by Farmers who are frightened by the potential implications of complying with these unjustified and intrusive requirements – specifically, harassment of their family and employees and vandalism of their operations by anti-technology activists.

In John Doe vs. County of Hawaii, the complaint seeks declaratory and injunctive relief from implementing the registration and disclosure provisions of “Hawaii Bill 113.”

Due to the immediacy of the registration deadline, this complaint seeks relief only in connection with the registration and disclosure requirements of Bill 113, even though the entirety of Bill 113 is legally invalid because it stands in direct conflict with numerous federal and state laws.

Signed into law on December 5, 2013, the County enacted Bill 113, which imposes a county-wide ban on the development, propagation, cultivation, and open-air testing of most GE crops.

The registration and disclosure requirements of Bill 113 unfairly target growers of genetically engineered crops, primarily papaya growers, by forcing them to disclose personal and commercially confidential information about themselves and their operations without any scientific or factual justification:

Without any assurances that the County can or will protect the registration information from public disclosure as allowed under Bill 113, these farmers and growers have good reason to believe that providing this information could result in real harm – including the vandalizing of their crops or intimidation or harassment of their family and/or employees.  Unfortunately, in recent years, anti-genetically engineered or anti-GMO agriculture political activism in Hawaiʻi (and throughout the United States) has crossed the line from a spirited debate to extremism, vandalism, and violence.

The lawsuit alleges that the disclosure provision of Bill 113 is in direct conflict with two State laws – the Uniform Information Practices Act and the Uniform Trade Secrets Act – and violates Plaintiff’s rights to privacy and due process under the Constitution of Hawaii.

Accordingly, it asks the court to enjoin or suspend the registration process until the court ultimately determines the lawfulness of the disclosure provision and how this information will be treated under state law.

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