Stop Rail Now collected its first signature on April 21. Three and a half months later the volunteers thought they were finished. Instead they’re a long way from stopping.

The group's volunteers carried in boxes of petitions with more than 49,041 signatures or as they called them voices.

"We weren't sure at the beginning if we could do it but there was such huge public support for the petition that we are very pleased to say we have succeeded," said Dennis Callan, Stop Rail Now.

Succeeded in collecting enough signatures, but getting them accepted was another story. Honolulu City Clerk Denise De Costa maintained the groups petition asks the question “Honolulu mass transit shall not include trains or rail transit” to be voted on in a 'special' election not a 'general' election.

"Because you're asking for this question to be placed before the voters at a special election that section of the charter prohibits me from taking your petition at this time. If I do I would have to reject the petition outright," De Costa told the Stop Rail Now group at the City Clerk’s office.

And thus the group was turned away no matter how many signatures it had, leaving some to poke fun at the issue.

"There must be some mistake the mayor said he thinks the people should have the right to vote?" asked State Senator Sam Slom to De Costa.

"It's not that we don't agree with you its just there provision of the charter we are abiding by and to take your petition at this time would violate that provision of the charter in our view," responded De Costa.

"It's the Hannemann provision," someone in the crowd responded.

Now they will file a lawsuit to force the clerk to accept the petition on behalf of the city council.

"We say it has to be put on the election ballot until the matter is determined, put it on the election ballot," said Earle Partington, Stop Rail Now Attorney.

"Unfortunately this has to go to court and when do the people actually have a voice," said Ann Kobayashi, Honolulu City Councilmember and Mayoral Candidate.

"Its very frustrating but it is the same obstructionist strategy so it is essentially the current administration's modus operandi, they want rail and they want to railroad people's opinions," said Panos Prevedouros, Honolulu Mayoral Candidate.

Taking it to court takes time. So Stop Rail Now will request the court put the question on the ballot even before a decision is made arguing there will be irreparable harm if Election Day comes before a court decision is made. Meanwhile the city clerk says the only way she is putting the question on the ballot is if a judge tells her to.

This is all separate from the rail ballot question being considered in the city council. That resolution passed it's first reading unanimously.

Now councilmember's are working on the possible wording of the question. Mayor Hannemann has said he would support it if the question includes the creation of a transit authority.

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