Opponents of Honolulu's proposed $6.4 billion rail transit system will still get their day on the ballot despite the "Stop Rail Now" petition drive's campaign being derailed by both the City Clerk and ruling by the Circuit Court.

Stop Rail Now turned in 49,472 signatures of which 35,065 were declared valid. Circuit Court Judge Karl Sakamoto who forced the City to accept Stop Rail Now's petitions a month ago upheld his ruling requiring that 10% (44,525 signatures) of the total number of registered voters in the 2004 mayoral election were required to validate the petition drive. Stop Rail Now held that they only needed about 30,000 signatures or 10% of the actual number of votes cast in that election in order to qualify.

Stop Rail Now's attorney Earle Partington has again filed an appeal to the Circuit Court's ruling on September 15. The case may be heard again in the State's Intermediate Court of Appeals or possibly go to the Supreme Court.

Despite the setback, voters will still be able to cast a ballot on this expensive issue on November 4 using a city council proposal that was passed and approved by the mayor last month.

That proposal states: "Shall the powers, duties, and functions of the city, through its director of transportation services, include establishment of a steel rail transit system?" A "no" vote will likely kill the transit proposal as the political will to proceed will wane, thereby negatively impacting federal funding. Rail's fate lies with the voters.

Photo composite copyright 2008, Melvin Ah Ching Productions.