ANDY MARTIN
Post Office Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
Temporary Hawai’i
tel. (917) 664-9329
Plaintiff pro se
CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
CIVIL NUMBER: 08-1-2147-10
(Declaratory Judgment)
Judge Ayabe
COMPLAINT FOR
DECLARATORY JUDGMENT;
EXHIBIT 1: SUMMONS
ANDY MARTIN,
Plaintiff,
vs.
LINDA LINGLE, in her
Official capacity as Governor
Of the State of Hawai’i,
DR. CHIYOME FUKINO, in her
official capacity as Director
of the Department of Health,
Defendants.
_________________________________
COMPLAINT FOR DECLARATORY JUDGMENT
Plaintiff ANDY MARTIN (“Plaintiff”), pro se, alleges in his Complaint for Declaratory Judgment against the Defendants as follows:
PARTIES, JURISDICTION AND VENUE
Plaintiff ANDY MARTIN is the author of a book on Senator Barack Obama (“Senator Obama”). He has also been writing columns and commentary about the senator for over four (4) years.
Defendants LINDA LINGLE and DR. CHIYOME FUKINO are Governor and Director of the Department of Health, respectively.
This Complaint for Declaratory Relief and these proceedings are instituted pursuant to § 632-1, Hawai’i Revised Statutes.
Venue is proper in this Court pursuant to § 603-36, Hawaii Revised Statutes.
STATEMENT OF CLAIM
1. Plaintiff requested a certified copy of the birth certificate of Senator Obama from the Department of Health and tendered the requisite fee.
2. Defendants refused to provide a copy of said certificate, invoking the confidentiality statutes of the State.
3. The issue of the Senator’s birth certificate has become a controversial topic of intense national speculation.
4. As an author who strives for factual accuracy and attempts to conduct thorough research Plaintiff wants a copy of the Senator’s birth certificate attested to by the State and not a “certificate” which is posted on a web site and which has been debunked as possibly having been altered.
5. One of the more literate and temperate analyses of the unlawfulness of the Defendants’ refusal to issue certified copies of the birth certificate is contained in Exhibit 1 attached hereto.
6. To the extent that the Defendants’ files contain or retain original supporting data for the birth certificate, Plaintiff asks that he also be supplied with that information and/or material as well.
7. It is axiomatic that the birth certificate of a presidential candidate is a document of crucial public concern and significance.
8. While Hawai’i statutes call for a balancing or weighing test where production is considered by a court, most respectfully Plaintiff submits that the balance falls entirely on the side of disclosure where the original birth certificate of a presidential candidate is concerned.
DECLARATORY RELIEF SOUGHT
9. Based on the relevant statutes and constitutional law, including Article One, Section 4 (“freedom of the press”) and § 92F-15 (e) and § 338-18 (a) (9), Plaintiff asks that the Court direct and order defendants to turn over forthwith a copy of Senator Obama’s birth certificate and related files and records, and without any delay.
WHEREFORE, Plaintiff Andy Martin prays for relief as follows:
A. For a declaration by this Court that Plaintiff is an author and writer and is a person to whom the birth certificate of Senator Obama can and should properly be delivered forthwith;
B. For such other relief as this Court deems just and equitable.
Dated: Honolulu, Hawai’i, October 17, 2008
Respectfully submitted,
ANDY MARTIN
Plaintiff Pro se
ANDY MARTIN
Post Office Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
Temporary Hawai’i
tel. (917) 664-9329
Plaintiff pro se
CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
CIVIL NUMBER: 08-1-2147-10 BIA
EMERGENCY MOTION
FOR ORDER TO SHOW CAUSE
ANDY MARTIN,
Plaintiff,
vs.
LINDA LINGLE, in her
Official capacity as Governor
Of the State of Hawai’i,
DR. CHIYOME FUKINO, in her
official capacity as Director
of the Department of Health,
Defendants.
_________________________________
EMERGENCY MOTION FOR ORDER TO SHOW CAUSE
Plaintiff ANDY MARTIN (“Plaintiff”), pro se, respectfully moves this Court on an emergency basis for an Order to Show Cause (“OSC”) directing the defendants to show cause on or before October 22, 2008 at a hearing before this Court why the relief requested by the Plaintiff should not be granted.
1. This lawsuit does not involve complicated or disputed facts.
2. Time is of the essence because Plaintiff would like to write columns and articles about the Birth Certificate before November 3, 2008.
3. Plaintiff is physically present in Hawai’i and is available to appear before the Court in person at any hearing on or before October 22, 2008.
4. There is intense national interest in access to an officially certified copy of the birth certificate in question as well as any related supporting information which the defendants may have in their possession.
5. A proposed OSC is attached to this Emergency Motion.
Dated: Honolulu, Hawai’i, October 17, 2008
Respectfully submitted,
ANDY MARTIN
Plaintiff Pro se