Appeals court denies Stop Rail Now Motion for Injunctive Relief

The Intermediate Court of Appeals rejected anti-rail groups' request for the court to compel the City Clerk to allow its initiative question on the November 4 general election ballot. The court issued its order on September 23, 2008.

This means that Oahu voters will not vote on Stop Rail's question:

Shall an ordinance be adopted to prohibit trains and rail transit in the City and County of Honolulu?

Instead, voters will see the Council’s version of the rail question on the November 4 ballot:

Shall the powers, duties, and functions of the city, through its director of transportation services, include establishment of a steel wheel on steel rail transit system?

The Stop Rail question calls for an "ordinance" that would prohibit the City's plans for a steel wheel on steel rail mass transit system, if approved by voters. The City's ballot question is less severe. If approved, it would amend the City Charter to grant oversight authority of a steel rail transit system to the director of transportation services. However, if voters disapprove of the City's ballot question, the rail project would still be on track.