U.S. justice officials and Honolulu officials remain at odds over whether security concerns posed by Honolulu's planned commuter train warrant changing the railroad's route near Downtown.

The outcome of the dispute could determine whether city officials can stick to an ambitious timetable that calls for construction of the $5.4 billion rail project to start in December.

In January, three federal agencies asked the city to change the train's route to avoid passing near the Prince Kuhio Federal Building. Their concern was that the train system, which would pass at the same level as three judges' chambers, could be a platform for a terrorist bombing or attack by someone with a grudge against a particular judge.

A recent meeting with City Council members failed to soothe those security concerns. U.S. District Judge Helen Gillmor said the judges remain unconvinced an elevated train running near their office windows would be safe.

Gillmor also said a recent city-sponsored security study that found an attack on the courthouse "most improbable" was deficient. City officials have yet to publicly release the security study.

"As far as we're concerned, we haven't seen any (security study) that measured up to what actually needs to be done," she said. "We don't see how you can deal with the security issues we have other than by moving the rail. At this point, we think the route is ill advised."

Whether the concerns raised by three federal agencies — the U.S. District Court, the U.S. Marshal for the District of Hawai'i and the U.S. General Services Administration — will cause city officials to change the rail's route could depend on the results of an ongoing federal environmental review. City officials expect that the review will be completed this fall and won't require a change in the train's route.

Separately, the City Council could change the train's route, though that could lead to added environmental studies and delays.

So far, a group of City Council members formed to work out differences met with the judges on May 20 and was unable to resolve the issue. Council Chairman Todd Apo, who met with the judges, acknowledged that major differences remain. Another, more comprehensive security study along with other alternatives may be needed to address the issue.

"The city needs to do a better job in addressing the issue," Apo said. "The question is going to be the timing of that.

'IN DUE COURSE'

"My point to them is this shouldn't slow down the project. The project is starting in West O'ahu. It's going to be years before we get to the detailed planning of this (Downtown) section, so it will be dealt with in due course," Apo said.

Federal officials aren't the only ones pushing for a change in the route. General Growth Properties, which owns Ala Moana Center and the Ward Centers, has asked the city to change the route through Kaka'ako. Additionally, the U.S. Environmental Protection Agency urged the city to alter the train's route to avoid displacing a small Waiawa neighborhood known as the Banana Patch. City officials plan to move the predominantly Asian neighborhood with 55 residents, 10 homes and a church in order to build a parking garage for train passengers.

Because the railway will serve a broad public purpose, it is unlikely that Banana Patch residents can successfully oppose city efforts to force the sale of their land. However, city attempts to acquire a 9-foot easement in front of the courthouse along Halekauwila Street could be more difficult because city officials cannot condemn land owned by the federal government.

Councilman Charles Djou, who also met with the judges, said the city can't afford to alienate key federal officials.

"One of the biggest parties out there that you've got to get this right with is the federal government," he said. "This is not some banana-patch farmer. How can it possibly be good to upset federal judges who might review this project and engage the U.S. Justice Department against you?"

City Council members and the judges plan to meet at an undetermined future date to continue the discussion. Meanwhile, the judges want the council to hold a hearing on a resolution that was introduced by Djou that would change the rail's route to avoid the federal building.

Gillmor said the court's concerns are supported by statistics released by the U.S. Marshals Service that show threats against federal court personnel have increased sharply in recent years.

"This is the reality of the current situation, and it's something that needs to be taken seriously," she said.

OKINO RELUCTANT

Whether Djou's bill gets a hearing depends on Councilman Gary Okino, chairman of the council's Transportation and Planning Committee. Okino said he's reluctant to hold such a hearing, which could become a forum for those opposed to the project.

Additionally, Okino said, the elevated, fast-moving trains were unlikely to serve as a platform for terrorist or sniper attack.

"That's improbable, based on the design of the system," he said. "I think terrorists would take an easier way to attack that building. They wouldn't use a train."