Happy New Years!

Mahalo to all of you who have sent Christmas contributions to BAH for our 2008 campaign to open gates and push for new public beach access laws! If you would like to send a donation, please make checks payable to "Beach Access Hawaii" and mail to:

Beach Access Hawaii
c/o Rich Figel
801 Kainui Drive
Kailua, HI 96734

We'll be adding a PayPal link to this page shortly for those of you who prefer to do it online... make donations, that is.

State Sen. Gary Hooser from Kauai just sent us an email last week saying he will be introducing new legislation that he feels will help protect beach access. He'll be sending a draft soon for BAH to review, and we're hoping our Oahu officials will get on board too.

But first, mark your calendars for Saturday, Feb. 2, 2008 -- Groundhog Day. From 10 AM until noon at key locations, from Kailua to East and West Oahu to the North Shore, Kauai, Maui and the Big Island, we'll be staging sign-waving demonstrations to publicize the need for stronger County and State laws to protect beach access for the people of Hawaii.

That's why we need your dollars -- to make signs, print hand-outs, and start a legal fund to acquire more rights of way on every island. And we need your commitment. If you want to help organize the Groundhog Day protest, please email me at figeli001@hawii.rr.com or call me at 262-5073.

Have a great New Years, and enjoy the Sugar Bowl. Go 'Bows! Yeah, I know they're the Warriors now, but I'm Old School.

Season's Gratings... er, Greetings

Nothing says holiday cheer like locked gates, does it? The kind folks on Kailuana Loop live on a public street that is maintained with taxpayers' money to provide them with sidewalks, streetlights, a nice paved road, and sewers. Yet they lock the public out with this lovely spiked gate. You can park legally on that street, but if you want to surf Castle's you have to double back to the public beach access instead.

They also lock out volunteers who clean up "their" beach area by Castle's, forcing the volunteers to haul collected trash longer distances to be picked up. That's gratitude for you.

Our Christmas wish: that homeowners on beachside lanes would at least leave the gates open during the day since most of the problems they complain about occur at night. Thus far, their response has been, "Bah, humbug!"

Action Countdown: Day 1

This stretch of road on N. Kalaheo Avenue between L'Orange Place and the public beach access two blocks away is an accident waiting to happen. The bordering properties are encroaching on the narrow walking path that has to be shared by both bicyclists and pedestrians since there's no room on the other side of the road to walk.

We've repeatedly pointed this out to City Council Chair Barbara Marshall and Mayor "No Can" Mufi, and so far, nothing has been done to address it. After the Tuesday night (Dec. 18) meeting of the Kailua Neighborhood Board Parks Committee, we sent more photos to Barbara Marshall. The KNB Parks Committee said it would also forward the pictures to the appropriate parties.

Let's see how long it takes before we get a response -- or will it take a tragic accident to get attention?

Kailua Access Meeting, Bowls Testimony

TUESDAY, DEC. 18, 7 - 9 PM, KALAMA BEACH PARK (BEOTTCHER ESTATE HOUSE)
Here's your chance to tell the Kailua Neighborhood Board Parks Committee which access ways along Kailua Beach should be converted to public easements, either through negotiations with the homeowners on those lanes, or condemnation by the City Council. Speak now or forever hold your peace!

WEDNESDAY, DEC. 19, 6 - 8 PM, JEFFERSON ELEMENTARY SCHOOL, WAIKIKI
The State Dept. of Land and Natural Resources will be holding public hearings on proposed changes that could result in the loss of free parking at Ala Wai Harbor. For more info, see the links and articles below about the Common Ground Hawaii rally last weekend.

NATIONAL BEACH ACCESS STORY
If you get the Honolulu Advertiser, you may have seen the Wall Street Journal article about public rights of way battles going on all over the country. If you missed it, here's an excerpt below.

"From the beaches of Hawaii and California to beaches in Florida and Texas, regulators and property owners are entering nasty property fights over erosion issues. WSJ's Kris Hudson reports..."

WHOSE BEACH IS THIS ANYWAY?
By Kris Hudson

Dec. 12, 2007 SURFSIDE BEACH, Texas -- When Brooks Porter bought two vacation homes on the shore of this seaside village 25 years ago, roughly 200 feet of beach separated the properties from the Gulf of Mexico. Now, the sea laps beneath Mr. Porter's houses and those of his neighbors, sucking away the sand beneath them and gnawing on the now-exposed wooden pilings that support them.

Yet Mr. Porter and his neighbors aren't railing at Mother Nature. Rather, they are angry with the state of Texas, which notified the homeowners in 1999 that, due to the erosion, their houses were in the public right of way on the beach and the state could eventually require the homes' removal or demolition.

In the ensuing months, 14 houses were moved off the beach, and nine others were bought by the village and demolished. Today, only 14 remain on the beach...

To read the rest, please go to:

http://online.wsj.com/public/article_print/SB119741959764822149.html

Kaisers, Bowls Beach Access March!

Mahalo to Scott Werny of the Surfrider Foundation for sending photos and links for the rally on Sat., Dec. 8. They succeeded in getting the public's attention and great media coverage as well. The next step is submitting testimony Weds., Dec. 19 at Jefferson Elementary in Waikiki, to speak in favor of maintaining what little free parking there is in the Ala Wai harbor area. You can learn more by reading the Advertiser article or watching the KHON report (please copy and paste urls if links below don't work).

http://www.khon2.com/news/local/12285311.html

http://the.honoluluadvertiser.com/article/2007/Dec/08/br/br9147038256.html

Scott also sent this link to KGMB's coverage of Saturday's Pupukea-Paumalu celebration -- a monumental victory for North Shore residents and supporters who want to "Keep the Country, Country"...

http://kgmb9.com/main/content/view/2457/40/

Excerpt from newscast: 'The North Shore community fought development. And, with cooperation from community leaders and the government, a public trust bought the land from Obayashi Corporation. With that move, more than 1,100 acres in Pupukea and Paumalu were saved. "It means everything. I just can't believe that we've succeeded," said Peter Cole, longtime North Shore resident and former pro surfer.

"This year has just been unbelievable," Cole said. "We started off with the Shark's Cove thing being defeated. We ended up with Waimea Falls, we ended up with Pupukea Paumalu," he added.

Entertainers (Jack Johnson), surf legends (Peter Cole, Poncho Sullivan) and the dignitaries (Gov. Linda Lingle, U.S. Rep. Neil Abercrombie, Mayor Mufi Hannemann, State Rep. Michael Magaoay, to name a few) and North Shore residents all gathered under a couple of tents on the campus of Sunset Beach Elementary School Saturday...'

Congratulations to all who made that success possible! Now it's our turn to do the same with public beach access.

John Kelly Tribute

Despite the bad weather, the "Live the Legacy" event sponsored by Kahea to honor Save Our Surf founder John Kelly, and promote the next wave of grassroots activism, had a good turnout in Manoa. There were at least a hundred in attendance Weds. night, (Dec. 5). Beach Access Hawaii had a table, and made some new connections that we're really excited about!

Mark Cunningham from the North Shore's "Keep the Country Country" group says to count them in for our statewide Groundhog Day protest, since the planned Turtle Bay expansion could seriously impact beach access in that area. Suzanne Fraser of BEACH (Beach Environmental Awareness Campaign Hawaii) also supports our efforts, and noted that during a recent clean-up her group held on Kailua Beach, they couldn't take the trash out to the street for pick-up because of locked gates! Try to do something nice for the folks who live next to the ocean, and they literally slam a gate in your face. Nice.

By the way, I was told the vintage Sand Island sign (pictured above) that was on display near the panel tables was the original art work of John Kelly himself. The man did it all -- made signs, printed his own flyers, talked the talk and walked the walk. BAH, Surfrider, Kahea, and all the other groups that were there, are carrying on in his spirit. Mahalo, John.

Call to Action!

In conjunction with the Surfrider Foundation, Kahea, and other groups, we are moving forward with plans to stage a statewide sign-waving day to promote awareness of public beach access issues on Sat., Feb. 2, 2008.

Yep -- Groundhog Day! Which is appropriate since battles over beach access keep resurfacing year after year, and the same arguments play out like scenes that keep repeating in the Bill Murray movie, "Groundhog Day." And as one of our allies noted, some of the private landowners seem to be acting like ground hogs of a different sort.

Speaking of allies, we're pleased to join forces with Kahea, the Hawaiian environmental alliance. They share many of our goals and concerns. Kahea is sponsoring an event on Weds., Dec. 5 from 6-8 PM to honor the legacy of the late John Kelly, founder of Save Our Surf. It will be held at the Church of the Crossroads in Manoa. For more information on Kahea, please visit their site at http://kahea.org/. For details on the event, go to http://www.live-the-legacy.net/.

If you would like to volunteer to help with the Groundhog Day protest and/or our petition drive, please drop by the California Pizza Kitchen in Kailua on Tues., Dec. 4 at 6 PM for our small, informal meeting. Some of us will then be going over to Councilwoman Barbara Marshall's meeting at St. John's Lutheran Church in Kailua, which starts around 7 PM. Sen. Fred Hemmings says she and the City Council are "shirking their responsiblities" on addressing public beach access, so it'll be interesting to see what her response is to his charges!

Finally, one more meeting reminder: the Kailua Neighborhood Board meets at the Kailua Recreation Center on Thurs., Dec. 6 at 7 PM. The only BAH-related item we know of is a motion to move the gate issue into another committee that would allow more interaction between residents and the board members. We'll keep you posted on that.

Letter of the Week

Your letters continue to make a difference by keeping the issue in the public eye, so keep sending them! This heartfelt message appeared in the Honolulu Star-Bulletin Letters to the Editor on Sat., Nov. 23, 2007 :

"Everyone should have easy beach access"

I am deeply concerned and saddened by the recent Kailua beach access issues. This is, however, no longer an "issue" -- it is a crisis. The State Supreme Court once opined that "the Western concept of exclusivity is not universally applicable in Hawaii." The problems in Kailua lead me to believe that this principal is slowly being eroded.

When beachfront lots were initially offered in Kailua, I, like many Hawaiians, could not afford one. Those who could afford the lots built houses, and many of them let the City and County install and maintain the roads. These communities availed themselves to the benefits of city living (water, sewer, garbage pickup), yet at the same time, they put up locked gates, excluding everyone else from enjoying Hawaii's greatest natural resource -- the beach.

As an octogenarian, I am no longer able to enjoy our beautiful beaches like I did when I was younger. My mo'opuna, and every other resident of Hawaii, are entitled to unencumbered access to our beaches.

Let's re-introduce Rep. Marcus Oshiro's bill to stop the wrongdoing being done to us Hawaiians. Ua Mau Ke Ea O Ka Aina I Ka Pono (The Life of the Land is Perpetuated in Righteousness).

Elizabeth Ernst-Heiligman
Kailua

Reasons To Be Cheerful...

On this Thanksgiving Day weekend, we're grateful for people like Bob and Trudy Moncrief (above) who were willing to publicly speak out against the gate that was put up on L'Orange Place, where they've lived for 37 years. Since then, they've been ostracized and vilified by the other L'Orange residents. Yet they still have a sense of humor as you can see!

BAH would also like to give special thanks to Pete Dyer, Paul Haring and other Kuulei Tract residents who have shared information from their successful fight to reopen the Banyan Tree access after a landowner closed it off in 1988.

On a personal note, mahalo to all the people who have volunteered their time, energy and skills to help us in this cause... I started to list the individuals, but there were too many to name!

Which is why we're going to succeed in our mission. Because what started with a small group of concerned Kailua residents has now grown to a statewide movement to protect public beach access. Expect to see some potentially exciting news on this blog after Thanksgiving! Sorry, can't say more than that just yet...

And start taking your own Christmas Gates photos so we can post them too. How about the Grinch who stole Kailua Beach?

Beach Access Protest at State Harbor

Although our group wasn't directly involved with this rally to save free parking at the Bowls surf spot, it's a reminder that beach access isn't just about gated roads. Here's an excerpt from Will Hoover's article in the Honolulu Advertiser...

Parking fee plan for state boat harbors draws protest (Nov. 11, 2007)

Dozens of protesters rallied in Waikiki yesterday against an effort by the state to charge the public to park at small boat harbors. The group was mostly upset because they contend the fees would deny access to an ocean area near the Hilton lagoon cherished by surfers and other recreational users.

But they said the move would adversely affect people on the Neighbor Islands as well.

"We feel they are taking the rights away from the public because if we don't have money, we aren't going to be able to come in with a car because they're going to put a toll booth up front," said Melissa Ling-Ing.

She is a spokeswoman for the Common Ground Hawai'i, one of several groups at the rally that opposes rule changes proposed by the state Department of Land and Natural Resources that include charging the public hourly parking fees within the harbor.

"So, they are denying us access to a public beach," she said...

To read the complete article, please go to:
http://the.honoluluadvertiser.com/article/2007/Nov/11/ln/hawaii711110350.html

Politics vs. Reality

The biggest laugh of the night at the last Kailua Neighborhood Board meeting was in response to a comment made by the Mayor's assistant, Ann Chung, about our group's suggestions to make Kalaheo Avenue safer for pedestrians. As you can see in the photo above, the stretch of road between L'Orange Place and the public beach access is especially dangerous for parents with children in tow since the dirt and debris takes up half the shoulder. Bicyclists use that same narrow lane too. It's an accident waiting to happen. But so far, our concerns have been ignored by officials.

We also requested that crosswalks be painted at every public right of way location. Sounds sensible, doesn't it? However, our "No Can" Mayor had his assistant tell us that maybe crosswalks aren't such a good idea, because they give pedestrians "a false sense of security." Even members of the Neighborhood Board laughed at that excuse to justify doing nothing. Yet later on, another government official suggested the answer to making Kapaa Quarry Road safer was to paint some lines on the road and put up signs -- probably because that's a lot cheaper than fixing the road itself.

And you can be sure our elected officials will use the money excuse to do nothing on beach access unless we make it clear it will cost them votes come election time. If you haven't already written our government representatives, please use the email contacts on the right side of this page under "Get Involved" and tell them you want to know where they stand on the issue!

A Step Towards State Action?

The Kailua Neighborhood Board passed three motions related to beach
access at their monthly meeting on Thurs., Nov. 1. One asked the Dept.
of Planning and Permitting to verify if the gate on L'Orange Place is
in compliance with the permit that was taken out by Rich Carvill,
president of the L'Orange homeowners association and owner of Carvill &
Company, a real estate business. The permit was for a wood fence and
gate. What was erected is not made of wood. Manini stuff? Maybe. But it
seems like some of these gated road homeowners only want certain rules
and laws enforced when it suits their needs.

The other two motions passed are more significant:

Motion 1: The Kailua Neighborhood Board No 31 requests that
Councilmember Marshall's office initiate a tax assessment review of all
Kailua private lanes and beach rights of way that prohibit public
access.

A letter has already been sent by the KNB Sustainability Committee to
Barbara Marshall, who says she is in favor of financial tax
disincentives for private road homeowners who deny public access to
beaches. Will higher taxes persuade some to reopen or keep open their
lanes? We don't know yet, but it's worth looking into.

Motion 2: The Kailua Neighborhood Board requests that the State
Department of Land and Natural Resources, the Attorney General along
with other state agencies as appropriate verify whether, or not, the
County of Honolulu is in compliance with public access to the beaches
and other recreational areas, and to provide the KNB with that
information as required by Section 198D-3, Hawaii Revised Statutes,
including access to all beaches, shorelines and inland recreational
areas in Ko'olaupoko.

This is big, folks. We don't know if anyone has ever asked the State
DLNR or Attorney General to say whether the County of Honolulu is in
compliance with "guidelines" on public beach access. We already know
that in Kailua at least two of our public accesses are more than a half
mile apart -- and the standard is supposed to be a quarter mile.

Moreover, State Senator Fred Hemmings spoke at the KNB meeting and said
public beach access is "a serious problem" that "has to be addressed"
by the County of Honolulu, and the State as well. Tell him we need his
help and support, by calling him at 587-8388 or email him at:
senhemmings@Capitol.hawaii.gov

Mahalo to BAH members and the KNB for staying there until 11 PM last
night to pass these motions! It may not seem like much to pass a motion
about sending letters. But it's a major step towards getting the State
to acknowledge that something needs to be done to preserve beach access
for all of Hawaii.

Next up: KNB Sustainability Committee meeting, Tues., Nov. 13, 7 PM at
the Kailua Recreation Center. Special thanks to KNB members, Christian
Porter, Linda Ure and Kalana Best for their work on the committee in
assisting BAH!

(Submitted by Rich Figel, phone: 262-5073).

Velzyland Beach Access

The Star-Bulletin ran this update (Sat., Oct. 27) on the North Shore
surf spot:

Question: What ever happened to plans for beach access or a park at the
Velzyland surf spot on the North Shore?

Answer: For now there is public access to the beach and surf spots on
the Kahuku side of the Kaunala Estates housing development, if you park
on Kamehameha Highway and walk down a paved road that runs along the
gated community's wall.
But until the city figures out what to do next, you can't drive a car
down that road and park closer to the beach, city spokesman Bill
Brennan said.

Developer D.G. "Andy" Anderson gave the city a 1.5-acre strip of land
at the northeastern end of the 19-acre Kaunala Estates in 2002. The
strip abuts the city's undeveloped Waialee Beach Park. It cost Kaulana
Estate developers $700,000 to put in the road to the beach, Anderson
said, and he wishes the city would open it. Brennan said it's not that
easy...

To read the complete story, go to:

http://starbulletin.com/2007/10/27/news/whatever.html

Barbara Marshall's MidWeek Column

In case you missed it, here's what our City Council Chairwoman has to
say about the issue. She claims there are "many" public beach accesses,
yet ignores the fact that some aren't even marked clearly, and others
are more than half a mile apart. Marshall also apparently hasn't walked
along Kalaheo Avenue herself, or she'd see how dangerous certain
stretches of that road are for parents with children who have to to
avoid speeding cars as they walk further distances to reach those
public accesses. Also, why is it that if a property is a Land Court
parcel, it is somehow exempt from Hawaii State law as she seems to
imply below when she says "adverse possession" can't be applied? We
suggest you ask her these questions via email, phone calls or in person
at her next 3 TALKS meeting on Tues., Oct. 30 at the Kaneohe Community
and Senior Center.

--------------------------------------------------------------

"Kailua Beach Access An 'Oil-and-water' Mix"

Written by Barbara Marshall for MidWeek Oct. 24, 2007 Issue

The Council is working actively to formulate policy on affordable housing, and we again urge residents to provide input into this very important issue. Meanwhile, the closing by homeowners of the private beach access at the end of L'Orange Place in Kailua has brought great emotion and
considerable controversy.

This is not the first time beach access has raised passions - and it probably won't be the last. The State Constitution guarantees the public's right to use all beaches in the state; the State Supreme Court - on numerous occasions - has upheld the public's right to beach access, and many state laws exist that task the counties with the responsibility of ensuring public beach right of ways.

Generally, no person or entity is allowed to prevent or otherwise restrict the public's use of an existing public beach right of way. Public beach rights-of-way are usually marked by a bright blue sign, but sometimes overgrowth or vandalism can render these signs illegible or obscure them completely. In addition to the numerous beach parks, there are many public beach rights-of-way in our district:

Kailua, Waimanalo

Mokulua Drive A, Ehukai Street, Mokulua Drive B, Hihimanu Street, Mokulua Drive C, Hinalea Street, North Kalaheo Avenue at Kawainui Canal, Kaula Street, North Kalaheo Avenue at Ainoni Street, Hilu Street, North Kalaheo Avenue at Dune Circle, Manana Street, North Kalaheo Avenue at Pueohala Place, Alaihi Street, South Kalaheo at Kuuniu Street, Puuone Street, Milokai Place and Wailea Street

Kaneohe

Ipuka Street, Kaimalino Street, Kaneohe Bay Drive Beach Remnant, Kaneohe Bay Drive A and Kaneohe Bay Drive B.

I have always supported the public's right to beach access and strongly encourage owners of private beach-access points, as many generous owners already do, to continue to allow the general public to use them. But this issue butts the rights of private property owners right up against the desires of long-time beach-access users - and this appears to be an oil-and-water mix at this point.

The city does not have any explicit ordinances regarding private beach-access points. When a property owner submits a building permit for the installation of, say, a gate across a private beach-access point, the process is purely ministerial - meaning that so long as the structure meets building and zoning standards, there is no review. This is not unlike a homeowner applying for a building permit to build a new fence around a property.

That does not, however, sit well with people who for decades have been using a specific path to get to their favorite beach. There has been talk of "adverse possession"-in some parts of the law someone who uses a parcel of land for a certain period of time can have some rights to continue to use that land. However, Hawaii's Land Court system does not allow "adverse possession"-and the L'Orange Place parcel is a Land Court parcel, we are told.

There are some private beach accesses that do allow use by the public-and some that never have. It is a sad day whenever an access which has been public is barred to the public.

If you will allow me a personal reminiscence: For years and years I walked in the very early morning, before sunrise, on a certain stretch of Kailua Beach accessing over an empty lot. I will never forget the morning I arrived for my usual walk to find a huge board fence stretched across "my" access. So I sympathize and empathize with those long-time users of L'Orange Place, and I wish I could regain my access and theirs as well.

But we are fortunate in this country to have private property rights that preclude uses of our own private land by people we do not choose to welcome. And the folks on L'Orange Place have exercised their right to no longer welcome the public. That is their privilege and the community's loss. We can only hope that other owners on other private ways do not follow suit- and be grateful that the lawmakers and the judges in our state have, at least, ensured that the beaches themselves remain public - and that there ARE public accesses to those beaches.

We had more than 100 people at our September 3 TALK to discuss this very issue. If you wish to discuss this or any city issue, we welcome you at any of our monthly 3 TALKs. The next one is at 7 p.m. Tuesday (Oct. 30) at Kaneohe Community and Senior Center.

Once Again, Art Mimics Life

We are not sure whose "art" this is, but this sign was found next to the
sculpture by the Kalapawai Cafe in Kailua. Mahalo to the artist and
photographer!

Kauai Beach Access in Trouble Too

The LA Times ran an Oct. 8 article about the Superferry brouhaha and
how it relates to bigger issues on Kauai -- including problems with
wealthy homeowners blocking public access on the Garden Isle:

"... Ham Young is in a legal fight with actor Pierce Brosnan, who owns
property in Wainiha Valley on the north shore. Brosnan, according to
Ham Young, owns several ponds that divert water from her family's
generations-old taro farm. (Brosnan's attorney says the ponds are
legal.)

"The island roils with stories of the rich buying and closing off easy
access to Kauai's prime spots, including long stretches of waterfront.
Many of the old dirt roads and foot trails leading to beaches no longer
exist or have been legally blocked by new landowners.

"All along Kauai's east shore, Huff, with her aunties in the back seat,
slows her truck to point out beaches where she used to play and swim.
'Private Property' and 'No Trespassing' signs hang between swaying palm
trees..."

Say it ain't so -- 007 is a villain on Kauai?! We're also hearing
stories about similar battles on the Big Island. As we've said before,
it's time for State-wide action.

Read the complete LA Times article here.

(First time visitors may have to register to access the site. Worth it though since the LA Times has a good Health Section, and interesting features on the entertainment industry.)

Submitted by Rich Figel.

City Charter Says, "Can!"

The Mayor says there is no money to acquire easements for beach access.
Oh, really? Last year, voters approved the below amendment that calls
for setting aside money expressly for the purpose of acquiring open
space and public access. B.A.H. will try to get more information on how
much has been collected thus far...

CHARTER QUESTION #3 Create new section in RCH Article IX: Section
9-204. Clean Water and Natural Lands Fund and Affordable Housing Fund

1. There shall be established a Clean Water and Natural Lands Fund and
an Affordable Housing Fund. In adopting each fiscal year's budget and
capital program, the council shall appropriate a minimum of one
percent of the estimated real property tax revenues, one-half of which
shall be deposited into the Clean Water and Natural Lands Fund and the
remaining one-half of which shall be deposited into the Affordable
Housing Fund.

2. Moneys in the Clean Water and Natural Lands Fund shall be used to
purchase or otherwise acquire real estate or any interest therein for
land conservation in the city for the following purposes: protection
of watershed lands to preserve water quality and water supply;
preservation of forests, beaches, coastal areas and agricultural
lands; public outdoor recreation and education, including access to
beaches and mountains; preservation of historic or culturally important
land areas and sites; protection of significant habitats or
ecosystems, including buffer zones; conservation of land in order to
reduce erosion, floods, landslides, and runoff; and acquisition of
public access to public land and open space.

Mayor Mufi says No Can!

Dear Wendy:

Thank you for your message.

Both of the beach accesses mentioned in your email are privately owned. Unfortunately, it seems that public abuse over the years, and the property owners' concerns with liability, have resulted in the closure of the two beach entrances.

The acquisition of private property for public use, including the conversion of a private beach right-of-way, is challenging and unless the owners agree to sell it to the City, it involves City Council action authorizing the funding, condemnation, and acquisition of the property. Once acquired, it would be the City's responsibility to maintain the access.

While we yearn for days gone by when beach access was readily available and people were comfortable leaving their home doors unlocked, we do not have the luxury of those simpler times. Beach access must now be gained through the proper process. Unfortunately, faced with aging infrastructure and the City's limited resources, we cannot afford the purchase of these private right-of-ways at this time. In the meantime, we must utilize the public parks and beach accesses that are avalable in the areas.

Aloha,

Mufi Hannemann
Mayor

Note: The original letter to Mayor Hannemann can be read here.

Access to Oahu's shoreline is being blocked little by little

State law dictates that Hawaii's shorelines are public and access cannot be restricted, but houses, hotels, resorts and commercial buildings effectively block wide stretches of Oahu's coasts. Except for intermittent glimpses through park areas, even views of the ocean from beachside roads are few and far between.

So the recent conflict between public entitlement and private landowners about a right-of-way to Kailua Beach is a common episode, one that will be repeated until a sensible, enforceable policy is established to support the access law and existing standards for pathways are implemented.

Political leaders have struggled to satisfy private-public demands and haven't made beach access a priority, but failing to do so erodes the objective of keeping Hawaii's shores open to all.

Read the entire article at the Star-Bulletin here.

The Kailua board is against blockage of a private access

Last weeks Kailua Neighborhood Board was well attended. However, the Board has declined to take action on a gate installed at a private driveway blocking access to Kailua Beach but is asking the city to help prevent similar gates in the future.

Read the full article at the Star Bulletin website.

City Should Assess Tax on Private Lanes

Kailua and the rest of O'ahu have thousands of private lanes leading to residents' homes. Did you know these lanes are co-owned by the private residents but the city charges no property taxes on them? The city should start doing that.

It only seems fair — after all, the public doesn't have the right to use them. If the city started billing the homeowners for these lanes, it's likely that some of these homeowners would then dedicate (give) them to the city so that they won't have to pay the taxes. The effect of dedicating them to the city is that those lanes would be opened up to the public. For those who decide to keep their lanes, and pay the taxes, the city will receive additional revenue.

One idea for the city's use of this new revenue could be to purchase oceanfront property in areas where there is limited beach access. Remember when former Mayor Frank Fasi bought beachfront properties along Diamond Head for the city? Aren't we glad we did?

Libby Tomar
Kailua

Gates, Walls Shouldn't Deny Access to Beaches

As a Kailua resident and avid beach user I am opposed to gates, walls or any obstructions to deny people access to our beaches. It is now common practice for homeowners to landscape with rocks and trees on public easements fronting their property to prevent beachgoers from parking near "their beach."

I thought the proliferation of walled estates was bad enough, these selfish residents are now encroaching on public property.
What will you do to ensure public rights-of-way are available to everyone in every neighborhood? What we need are more rights-of-way, not fewer. Or is the master plan to make Kailua like Portlock — a playground for the rich and famous?

Chris Windle
Kailua

Kailua Neighborhood Board to Discuss Beach Access

This coming Tuesday, October the 9th , the KNB Sustainability Committee will be meeting. Among other things, they are planning to discuss beach access related issue. The meeting will be held at 7PM at the Kailua Recreation Center.

Gating is Against the Roots of Kailua

Publicly-traded companies, developers, and hotels are diminishing shoreline access on Maui and the Big Island. Since the 1980s and accelerating into the 1990s, locals have seen some of their favorite beaches and canoe launching accesses altered and lessened in the name of development.

Let’s learn from that example and work to keep beach access open for pedestrian use as has been the custom for the past 40-50 years. Walking to Kailua Beach is a tradition and way of life for many. We will not take the lessening and diminishment of beach access lightly, for once one private access is closed, others will follow.

Kailua used to be (and I believe still is) a very different place from Malibu and Laguna Beach -- beach communities with gates, walls, and access for only the elite few. Kailua is different – yes, absolutely different, as we have come from the Hawaiian tradition of open beaches, access for all, and yes, “our aloha spirit.”

This is a time when we are being encouraged to “go green,” drive less, get cars off the road, and walk more. Taking away a beach access is taking away a resource that goes against the heightened environmental awareness we are encouraged to practice.

Gating and closing off beach access goes against the very root of Kailua.

I propose that we work as a community at a grass roots level on this vital issue. Let’s sit down with our neighbors on L’Orange, talk it out, and come to what is right, or “pono” for both sides.

Margy Grosswendt
Kailua Resident

Privatizing Beach Access Just Feels Wrong

This week I attended the meeting held by Barbara Marshall which shed light
on the new gate that went up on L'Orange and the potential for more gates to
be erected on private roads in Kailua and across the state. Ms. Marshall
suggested that we put ourselves in the shoes of those who put up the gate;
that we should consider what it would feel like if everyone cut through our
yard to get to the beach or everyone accessed the park through our backyard.
I don't live beachside or park side and never did when I was growing up
here, but I did cut through my neighbor's yard to get to the beach and
another neighbor's to get to the park, but my neighbors didn't seem to care.
If they were home, we'd said howzit and chat a bit. Maybe they didn't like
chatting with me, but they never said anything, and they never erected a
gate to deter me.

It must have been unspoken back then; if you choose to live by the beach you
choose to deal with the beach lifestyle, which is people hanging out and
relaxing, talking story into the night, barbecuing, whatever it might be.
And yea, it might be loud, late and raucous at times - it's the beach, our
playground.

About seven years ago I moved home from California. I wanted better for my
kids. I wanted to raise them in the warm, open environment that I grew up
in, where they would know their neighbors and could ride their bikes to the
beach for some good, clean fun. Our options to go to the beach in
California were 1) visit beachfront friends, 2) eat at a beachfront
restaurant, 3) pay to park at the beach, or 4) use the beach key that our
beachside friend had made for us. None were great; it felt elitist to have
the coveted key. I used to brag that all beaches in Hawaii are public and
everyone had access to the beach. I'd say, Hawaii is too welcoming and open
to close off beach access like Malibu; Hawaii beaches are for everyone,
whether or not you live beachfront. I used to carry on and on about Hawaii.

Don't get me wrong, I understand that you have the right to do what you want
with your private property and the installation of a gate is your right. I
understand that installing a barrier between our saying howzit and chatting
is also your right.

It just feels wrong.

Debbie Misajon
Kailua

A Letter from the Aluli Family

Ano'ai me ke aloha kakou -- greetings to all gathered.

We are here representing members of the Aluli, Meyer and Souza 'ohana who would like to speak up in the name of kuleana. All of us at one time called Kailua our home. Most of us still call Kailua our home.

We've lived on or close to the ocean in Kailua for over fifty years. As native Hawaiians, our ancestors before us were sustained by the ocean since first coming to these shores thousands of years ago. Access was never an issue, taking care of the kai was.

Because we are a large family -- many of us have different opinions about access to the ocean in today's world. So often people using these accesses do so with no consideration of others, trashing, ignoring and abusing the privilege. At the same time, hostile looks, offensive signs, and locked gates can't be the solution. Is it possible to take a deep breath, have faith in humanity, step back and look at the underpinnings of the issue? Looking through a Hawaiian lens, we believe there is another place to focus. The Hawaiian word is kuleana.

Kuleana is about responsibility, personal responsibility.

We are talking to all of us, all sides of the issue. All parties must be considered, but most of all, our lands and ocean. As the most connected place on earth (we're isolated if you focus on land, but we're the most connected if you focus on ocean) we are a place that can model right behavior. And right behavior over time -- looking seven generations forward and seven generations behind us, how is our behavior holding up to our ancestors and our unborn great grand children?

How do we educate individuals to respect our land and ocean and care for it instead of desecrating it? How do we educate individuals to share something they don't own, but are caretaking for humanity? One idea is to incorporate a Hawaiian way. Actually all root cultures share this sentiment. The land is our Makua, our parent, to Hawaiians, our mother.

How do each of us in this room care for our mothers, or want to be cared for as a parent. We can transform this issue if we shift the focus from the end result, to the root issue. If everyone accepts kuleana for the way we behave and what we model to others and what we teach our children, we can stop the escalation of retaliation and reintroduce kindness and care of place and people.

We know Kailua is changing. Hawai'i is changing. The world is changing. Can we not refocus, recenter and reinvigorate models from the first people that welcomed all of us to these shores? Personal responsibility taken to heart, can transform our community. The change for Kailua can be a place where the continuity of kuleana is internalized and reflected in how we care for our mother -- our land and ocean. Let us forgive each other and try again.

Reprinted with the permission of Maile Meyer, owner of Native Books/Na Mea Hawaii

Case Law Supports Open Access to Beaches

Today's Advertiser has a Letter to the Editor from Peter Dyer that is very relevant to public beach access. As some of you have suggested, implied consent and prescriptive easements give us a legal leg to stand on. Peter was part of the group that successfully fought to keep the Kuulei tract access open when a new landowner tried to close it off. He will speak at Thursday's Neighborhood Board meeting.

Here's the link to his letter:

Honolulu Advertiser - October 2, 2007

One Gate Leads to Another

Volunteer Jen Eisenberger contributed her opinion to the Star Bulletin. You can find the complete text of her opinion here:

Star Bulletin - September 30, 2007

Kailua Beach Access Points

Special thanks to Jen Eisenberger of Windward Designs for pulling this map together. Click the map below to see the full-size map:

Parks & Recreation: Kailua Beach Access Points

The City Department of Parks and Recreation has a number of public beach accesses (in addition to beach parks) in this area, all accessible from public streets. We try to provide beach accesses about 1/4 to 1/2 mile apart where there is a demand by the public for beach/shoreline access. They are the following:

Park Name	Link No.	Size of Park in Acres	Address	City	State	Zip Code	Primary Tax Map Key
Milokai Place	326	0.03	Milokai Place	Kaneohe	HI	96734	4-4-039:059
Mokulua Drive A	224	0.08	Mokulua Drive	Kailua	HI	96734	4-3-003:089
Mokulua Drive B	225	0.08	Mokulua Drive	Kailua	HI	96734	4-3-005:087
Mokulua Drive C	226	0.07	Mokulua Drive	Kailua	HI	96734	4-3-007:062
North Kalaheo Ave at Kawainui Canal	176	0.29	Kalaheo Avenue & Kawainui Canal	Kailua	HI	96734	4-3-083:069
North Kalaheo Avenue at Ainoni St.	147	0.21	Kalaheo Avenue & Ainoni Street	Kailua	HI	96734	4-3-018:008
North Kalaheo Avenue at Dune Street	175	0.12	Kalaheo Avenue & Dune Street	Kailua	HI	96734	4-3-017:001
North Kalaheo Avenue at Pueohala Pl	177	0.18	Kalaheo Avenue & Pueohala Place	Kailua	HI	96734	4-3-017:025
South Kalaheo at Kuuniu Street	390	0.18	South Kalaheo Avenue at Kuuniu St.	Kailua	HI	96734	4-3-012:034(por.); 4-3-013:001(por.)
Kaimalino Street	327	0.05	Kaimalino Street	Kaneohe	HI	96734	4-4-039:060

SOURCE: Terry Hildebrand [thildebrand@honolulu.gov]

GIS Maps for Kailua Beach Access Points

During the council meeting this evening one of the speakers recommended using the City and County's GIS mapping system to review your beach access points. Below is a link to the site and a bit of a tutorial:

http://gis.hicentral.com/website/parcelzoning/viewer.htm

1. There are two ways to find your spot on the map:

• First, when you get to the site, start by clicking the map near on Kailua. This will zoom you in closer. Keep doing this until you find your location. Once you are zoomed in, click the "FREE HAND" button to slide the map around.
• The second way to find your property is to click on the "SEARCH" button on and then (on the right side) type in your property number in the first field and your street in the 2nd.

2. Next, locate your nearest beach access. You'll probably need to use the FREE HAND feature to slide around the map.

3. Now that you can see the tract of land, click on the IDENTIFY button and click on the strip of land that represents the road or beach access. This will bring up additional information on the right hand side (you may need to select a property - the one without an address next to is probably the right of way).

4. The property should now be outlined in pink and you should see three links on the right to access Property, Owner, Building Permit and Zoning Info. For example, below is the information for the beach access on the north side of Kaapuni:

Property Info

Owner Info

Building Permit Info

Zoning Info

Good luck and happy hunting!

Privatizing Kailua's Beaches

It looks like beach access is getting some attention. Check out this blog entry from Cat Toth's Advertiser blog discussion on the gate issue from yesterday -- got over 30 comments, which is a lot for her daily.

Read her opinion and all the reader comments here.

Lots of Interest in Beach Access

Here's the link to Cat Toth's Advertiser blog discussion on the gate issue from yesterday -- got over 30 comments, which is a lot for her daily threads...

Honolulu Advertiser

Frequently Asked Questions

Q. Aren't all beaches in Hawaii open to the public?

A. Yes, Hawaii's Supreme Court has repeatedly upheld the public's right to go to the beach based on our unique political and cultural history as an independent nation. Unfortunately, our right to beach access is being eroded. Beach front properties, military installations, private gates, and no trespass signs stand where paths once led people to the beach. Our growing population and unplanned development are challenging us to find creative ways to live in harmony.

In recent years there have been an increasing number of cases involving "private" property rights versus public access. In Kailua, for example, residents had used the beach path at the end of L'Orange Place - a private lane - for decades. Then those homeowners decided to install a locked gate earlier this year. City Councilwoman Barbara Marshall says they were within their rights, and neighbors' claims of "implied consent" or adverse possession do not apply because L'Orange Place is a Land Court parcel. Other "public" beachside streets along Kalaheo Avenue have purchased their easements and put up locked gates, despite the fact our tax dollars pay for the upkeep of some of those roads.

In effect, private beachfront areas are being created when there are three or four gated roads next to each other, while residents and visitors are being herded towards the main beach parks.

Q. Isn't it a State law that there must be access every quarter mile of beach?

A. No. It's a City & County suggested guideline, that says where "reasonable" in "urbanized areas" there "should" be access every quarter mile. However, in Kailua at least two of the public accesses are more than a half mile apart.

Q. Why are more open beach access ways needed in Kailua, when there are already seven public rights-of-way?

A. Kalaheo Avenue is not pedestrian friendly. Stretches of it have very narrow shoulders that make it dangerous for children and even adults since there is a high volume of traffic. This presents a serious challenge to health and safety in the event of beach emergencies. We should also be encouraging people to walk more, and drive less. Each time a gate goes up, additional foot and car traffic is funneled toward the few remaining open roads -- which creates noise, litter and parking problems for homeowners near those accesses. If more accesses were open, the beach traffic would be distributed better.

Hawaii's Revised Statute ∫ 115 states that "the absence of public rights-of-way is a contributing factor to mounting acts of hostility against private shoreline properties."

Q. Where do our government officials stand on the issue?

A. City Councilwoman Barbara Marshall says she supports public access. But she has done nothing to help open up more access ways. She feels other parts of Oahu have worse beach access problems than Kailua, which may be true. BAH agrees those areas deserve more public rights of way too.

State Sen. Fred Hemmings says the City Council "has shirked their responsibilities" on public access, and contends it is the County's responsibility -- not the State's. Marshall points out there is nothing in the law stopping the State from acquiring more accesses, and notes that the State has more money to do so than the counties.

State Representative Cynthia Thielen says she supports public beach access for residents, and asked her homeowners association on Kai Nani Place to keep their gate unlocked during daylight hours for neighbors who wish to use that beach path. BAH applauds their voluntary decision, and wishes other private lanes would follow their example.

Mayor Mufi Hannemann says the City cannot afford to acquire easements to provide more public access. However, voters approved a City Charter amendment last year that actually sets aside money to purchase land for "access to beaches and mountains."

Police and Fire representatives have stated that gated access and poor signage deters their ability to provide rescue services. The longer the distance between access, the more our safety is at risk.

Q. What are the legal options to protect beach access?

A. The concept of "implied dedication" was used by the Kuulei Tract homeowners to argue that long-standing use of the Banyan Tree path implied the public had a right to continue using it. Rather than go through condemnation, Rep. Thielen negotiated to have an easement given to residents.

If easements in perpetuity cannot be negotiated with private road homeowners, condemnation of selected access ways may be the only legal solution at present. The City would have to negotiate the price to acquire the right-of-way and assume the costs of maintaining it. However, the Dept. of Land and Natural Resources does have a provision for the State to provide matching funds to acquire public accesses if the County asks for it.

Q. Does this affect local businesses?

A, Yes it does. Beach access directly affects both locals and visitors being able to use the public beaches for recreation and cultural practices. Hawaii's economy earns at least $800 million a year from ocean-based activities.

Q. Is compromise possible?

A. We hope so. Homeowners on private lanes cite crime and noise problems as a major reason they feel they need gates. But there is evidence that the gates actually contribute to more problems, not less as they create antagonism, are darker and un-patrolled, and invite people to challenge them.

While some individuals on gated roads, along with Rep. Thielen, have said they think it’s worth a try, others -- such as the majority of the L'Orange Place homeowners association -- have not shown any willingness to compromise. We hope that over time beach front residents will realize that it is in their benefit to maintain and share the historical beach access that the people of Hawaii depend on for health and happiness, that is a part of our local culture, and that has been mandated as a right of the people by the Hawaii Supreme Court. Let's get Aloha back to the beach access points!

About Beach Access Hawaii

Who We Are
BAH is a volunteer group, whose mission is:
- To ensure that City and State standards for protecting public beach access are being complied
with.
- To have gates removed from non-private roads leading to the beach.
- To ask homeowners on private lanes to keep gates open during daylight hours.
- To improve beach accessibility for the elderly and disabled.
Although the group began in Kailua where private gated roads greatly outnumber public rights-of way, it is an island-wide issue that needs to be addressed by the City and State.

Why It Matters
Take a walk along Kalaheo Avenue in Kailua and you’ll see NO TRESSPASSING or PRIVATE PROPERTY signs on nearly every beachside road. These gated enclaves are forcing residents to walk several blocks to public accesses, or to drive to the main beach parks. Some rights-of-way are over half a mile apart. Emergency responders have also said locked gates could prevent them from reaching people on the beach who need help. And this sad trend goes against the aloha spirit.

What You Can Do
Register with Beach Access Hawaii. Write letters and make phone calls to our elected officials. Get better acquainted with your beachside neighbors, and let them know we’re their friends -- not the enemy! Their concerns about crime, litter and noise, should be our concerns too. This is our kuleana.

Join Our Email List!

Please sign up to receive email updates about the Beach Access Hawaii campaign to restore your rights of way. We will not share your name or information. We send out periodic updates so you can stay informed and add your voice to helping keep Hawaii's beaches open and accessible to all. You can unsubscribe at any time.

Hot Update!!

dont forget the meeting this tuesday

Got Beach?

Below is an email I received from a friend. It was written by Wendy E. in Kailua. If you share her sentiments, check out the got beach? flyer here and come to the next Kailua Board meeting on Oct. 4th at the rec center.

Spread the word!

"My parents moved to Kailua in the 1940s. We were the first family to live on Dune Circle. But when I was 15, against my dad's strong protests, the other homeowners on that private road put up a locked gate. We moved to Lanikai because we felt the aloha was gone. Dune Circle was no longer home for us.

Kailua no longer seems like home to me now. I've been living on Kainui Place for 23 years, and had been using the beach path at the end of nearby L'Orange Place without incident all this time. Then last month, the current homeowners put up a locked gate to block beach access for their own neighbors.

Our family was friends with the Staple family on L'Orange. Everyone knew the Staples. Mrs. Staple ran a swim school where many Kailua families children, grandchildren, and great grandchildren learned to swim. They were eventually forced off of L'Orange by someone who objected to her clients parking on that road. Usually, there were no more than one or two kids at a time being given lessons. It was a sad day when Mrs. Staple had to move.

As I drive up and down Kalaheo Avenue, I see "NO BEACH ACCESS" signs on almost every road. What started as a single gate on Dune Circle has spread like a cancer up and down Kailua Beach.

It isn't fair either for homeowners who live near the public accesses to have to shoulder the burden for all the extra car and foot traffic when these gates go up. Their streets will be subjected to more parking problems, noise and litter since the few public accesses that still exist will be the only way for people to get to the beach. As it is, some homeowners on streets near public accesses have already been using rocks and plants to keep people from parking next to their property.

We also need more public access for the elderly, the disabled, and perhaps most importantly, for emergency vehicles. What if someone needs an ambulance or fire engine to help save a loved one? Emergency responders would have to search for a homeowner to open a gate on these private roads. I could only find three public access ways along Kalaheo Avenue. They are way too far apart, and some aren't even marked.

A fair compromise would be for all of these gates to be left open during the day, and locked at night, which is when most of the problems they complain about occur.

This gated community mentality has gotten out of hand in Kailua. The beach belongs to all of us. Please do not let this issue die because a few wealthy homeowners believe they are entitled to have their own private beachfront areas. Contact your elected representatives in the City Council, State legislature and the Kailua Neighborhood Board. Tell them you want them to do what is 'pono' for all of us who call Hawaii, home."

____________________________________

This announcement also came in:

NO MORE PUBLIC ACCESS
TO KAILUA BEACH????

Times are changing, and your access to the beach is being taken away!!!!

If you are concerned about the recent (and planned) locking of accesses to Kailua Beach, PLEASE attend (and bring lots of people with you) to this

VERY IMPORTANT MEETING...

Wednesday, September 26, 2007 at 7:00 PM SHARP

St. John's Lutheran Church

1004 Kailua Rd
Kailua, HI 96734

Rumors have it that Kaiholu & Kaapuni are next to be gated!!!!

Contact Your Representative

Ready to take action? Great! Click a link below to contact your elected official and let them know how you feel about the public's right to beach access. To find out who your City Council representative is, please go to: http://www.co.honolulu.hi.us/council/ccl.htm and check your district.

• Councilmember Barbara Marshall
• Representative Cynthia Thielen
• Governor Lingle
• Lt. Governor Aiona
• Senator Akaka
• Senator Inouye
• Mayor Mufi Hannemann

Contact Us

Tell us about your beach access, send us a picture, a file or a link to a news story.

A Letter to Mufi on Beach Access

Dear Mayor Hannemann

My name is Wendy Watson-Erickson. My mother and father are Poni and Chuck Watson. My parents moved here in the 40's. My father was president of Hawaiian Dredging Construction Co. and was later a sculptor with pieces all over these islands. My mother was a well know realtor. We were the first family to move into Dune Circle. My father was friends with Sherry Dowsett who owned the land. We bought an old officer's quarters and my father separated it into the first 3 houses in Dune Circle. Sherry sold two of them and my father kept the 3rd. Soon Dune Circle built up and at some point talk of a gate being put up began to be discussed. My parents were vehemently opposed to it. They had always believed the beach accesses were for everyone. When I was 15 the first gate went up in Kailua to block a beach access from the public. We moved to Lanikai because that gate went up in Dune Circle. The aloha was gone as far as our family felt. Dune Circle was no longer home for us.

Kailua no longer seems like home to me who was born and raised here. I have been using the acccess at L'Orange for 23 years when I moved onto Kainui Place. Our family was friends with the Staple family on L'Orange. Everyone knew the Staples. Mrs. Staple ran a swim school where many Kailua families children, grandchildren, and great grandchildren learned to swim. They were eventually forced off o L'Orange by un-friendly neighbors who didn't like the parking from the swim school. A sad day for L'Orange.

As I drive up and down Kalaheo I see NO BEACH ACCESS signs on almost every road. This is a shame and the home owners on beach side Kalaheo should be ashamed of themselves. I am passionate about this issue and will not rest until ALL the gates are removed or at least open in the day time so Kailua citizens can access their beach.

It is not fair for the few landowners who live near the public accesses to have to carry the brunt for all of beach side Kalaheo. Their neighborhoods will have parking problems, loitering, trash, noise and other problems since those one or two public accesses that are marked and available to the public will be the only place for people to get to the beach. As it is, even those streets around the public accesses have put up rocks and trees to keep people from parking on there property. All the aloha is disappearing from our town.

How are our elderly supposed to get to the beach? They can't be expected to walk from where they park their cars blocks from the access hauling their beach things down a long public access. Which by the way, I could only find 3 as I drove Kalaheo today. They are way too far apart and some aren't even marked. And what about emergency vehicles. I would hate to need an ambulance or fire engine to help save myself or a loved one. They'd have to search for someone to open a gate.

This whole thing has gotten out of hand and we can no longer stand for it. Either they be forced to take the gates down, starting with Dune Circle, or they find some aloha in their hearts and open them in the daytime so their decent and deserving neighbors can get to the beach that belongs to all of us.

Please do not let this issue die because they say these are private lanes. If private, then let them arrange to get their own mail, water, electric and/or whatever other public services they accessing now. I am extremely upset also by the way a few of the L'Orange neighbors are behaving towards people who come down their lane. This has gone way over the edge.

Wendy Watson-Erickson