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Michelle Matson

July 19, 2021

Mahalo Bryon,

For everyone – It is important to specifically identify the operators (whether by their tour chopper “cloaked code” or actual N-Number), as well as the date and time of the impacts committed.  

We are finding that while some, like Blue Hawaiian and Hawaii Pacific Aviation/Mauna Loa are more accountable on O’ahu than the maverick renegades inclusive of State-Monument-slicer Schuman, dare-devil Dorn, and sweet-talkin’ Novictor – the former may not be as hopefully accountable on Hawai’i Island given your previous reports.  Thus any such documentation would be beneficial for any potentially forthcoming “meetings” with them, or other subsequent actions.

Moreover, it is the FAA (particularly the local ATC “calling-the-shots” Managers, as well as the more responsive Western Regional office) that ultimately must be held accountable – because they are openly allowing the serious safety risks and debilitating noise impacts to occur within Hawaii’s established communities on the ground by not regulating the airspace to the ground that they claim to “own.”  The FAA has clear regulations but such regulations are continuously segmented and watered down by the FAA in tandem with the tour chopper operators, thus loosely allowing tour chopper operations via the least restrictive chapter and FAR 14 CFR Part, of course – e.g., the Part 91 open-ended basics always leaned upon, vs Part 135 vs Part 93 vs the “Hawaii specific” Part 136 Apx.A that is never enforced! 

And when using State or County facilities on the ground, the tour chopper operators clearly must be regulated by the State and local governments as consistent with State and County safety and noise laws that protect Hawaii’s population on the ground.  Private heliport facilities such as Turtle Bay Resort must also be subject to such regulations – are the tour chopper operators occupying these heliports not paying State annual business income taxes (we know they are not paying excise taxes that may be passed on to their passengers), and County property taxes (whether directly or triple-net via a commercial lease) for this use or lease of such private land within State and County jurisdictions?  Therefore it would follow that all safety and noise laws protecting the population on the ground must apply.

Notably, about seven years ago the City and County of Honolulu achieved successful case history for the purpose of controlling small commercial aircraft overflights consistent with laws on the ground – which the FAA could not preempt.

Mahalo nui loa,

Michelle

On Tue, Mar 16, 2021 at 8:49 PM Bryon Lee wrote:

Aloha Michelle & Bob,

I gave up trying to identify them.

There is really no enforcement of any kind at this point.

It’s beyond out of control.

Feds should come in clean house and hold some people accountable.

Bryon

On Tue, Mar 16, 2021 at 5:18 PM Michelle Matson wrote:

Who was flying, and at what altitudes?

Mahalo!

Michelle

On Tue, Mar 16, 2021 at 9:13 AM Bryon Lee wrote:

———- Forwarded message ———
From: Bryon Lee
Date: Tue, Mar 16, 2021 at 8:59 AM
Subject: Re: Big Update: We won! The law I wrote making secret records of police misconduct public survives challenge by the police union

Current situation 08:58 3/16/21

Hawaii Island.

On Tue, Mar 16, 2021 at 1:17 AM rce wrote:

Aloha Senator Lee,

HICoP is in total agreement with the Michelle Matson email to you below.

It was/is unconscionable that you as Transportation Committee chair unilaterally killed SB17.  Not to mention the also failed SB1403 filed by you.

The people of Hawaii will now continue to suffer the torture of the totally unnecessary tour copter noise nuisance pollution because of your unsupportable deferring SB17.

Since there was no Transportation Committee discussion by you and the members regarding SB17 the public, your constituents, voters and taxpayers of Hawaii nei have no clue why you ignored their plight and so summarily killed SB17.

Yes, we would like your explanation as we daily suffer the tour copter noise torture.

Mahalo,

Bob

For the HICoP Board   

———- Forwarded message ———
From: Michelle Matson
Date: Fri, Mar 12, 2021 at 9:07 AM
Subject: Fwd: Big Update: We won! The law I wrote making secret records of police misconduct public survives challenge by the police union
To: senlee
Cc: Kathryn Pacheco , Matt Prellberg

Dear Chris Lee:

This pronouncement is a small victory compared to the far greater need to protect your constituents and suffering communities statewide from the renegade tour chopper operators inundating, impacting and yes – crashing into – our neighborhoods – particularly YOUR constituents’ neighborhood.  Yet you summarily and arbitrarily killed the one (1) bill mirroring the Senate Bill that crossed over to the House last (COVID) year which could initiate these remedies.  Shame!  

Do you have ANY sensible reason for doing so??  The uninformed deputy AG’s “concerns” have continued to be ill-informed.

Will you also kill all other ground permit tour chopper control bills that may cross your committee desk?

We would welcome your direct response on this matter.  If you should choose not to respond, that will be a response in and of itself.

Michelle Matson

BCCs:

Irate Kailua Constituents

Statewide Community Representatives

———- Forwarded message ———
From: Chris Lee
Date: Fri, Mar 12, 2021 at 8:25 AM
Subject: Big Update: We won! The law I wrote making secret records of police misconduct public survives challenge by the police union

BIG UPDATE: 
 the bill I helped write and pass last year to open the secret records of police misconduct has now revealed startling information never before disclosed, such as details about the 58 cases in 2020 alone in which officers were reprimanded, suspended, or fired. But our new law was challenged in court by the police union to keep that information quiet. This week the courts agreed with our effort to ensure transparency and prevent corruption, and upheld it.
 Recently in Hawaii there have been over 80 cases of officers suspended or discharged for unwarranted violence or assault, and over 100 cases of officers filing fraudulent reports or covering up for other officers. This new law I helped write requires public disclosure of police misconduct when an officer is found to have violated procedures resulting in a suspension or discharge, just like officers in most other states whose names and violations are publicly disclosed. It also empowers the Law Enforcement Standards Board to revoke officer certifications for misconduct should police chiefs fail to take appropriate action, and will standardize use of force procedures across all county police departments.
 The difficult and often dangerous job of law enforcement is safer, easier, and more effectively executed when citizens trust those empowered to serve and protect them. We owe it to our good cops to help them weed out the bad, and build trust between our communities and the law enforcement officers we rely on to serve and protect us. More on this here: https://www.civilbeat.org/.../judge-upholds-new-state.../

Paid for by Friends of Chris Lee

Post Author: HANSTF