Beach Advocate Gets Star-Bulletin Recognition

Nice 10 WHO MADE A DIFFERENCE: CHRISTINA HEMMING story by Gary Kubota in the Dec. 23 Star-Bulletin, about a Maui woman who halted development that would have blocked beach access:

In the country town of Paia, she is a rural legend. Christina "Uma" Hemming fought against the county and a developer and won. The beneficiaries of the victory will be the people who use the coastline from Paia to Baldwin Beach.

"She's an amazing person," said Hannah Bernard, president of the nonprofit Hawaii Wildlife Fund. "I really appreciate individuals like her who take on tasks and put their money where their mouth is. ... It's an amazing thing for a person to do."

Friends said Hemming was tenacious and pursued stopping the development, despite personal criticisms and monetary losses...

Click here to read the full story.

Yesterday, coincidentally I received my Obama "One Voice" t-shirt that says if one person speaking out can change a room, it can change a town, state or country. Today, while walking on Kailua Beach, my wife and I glimpsed Obama himself with one of his daughters in front of the beachfront home they're staying in for Christmas.

Can we change shoreline access laws and policies for the better?

You bet we can! But it has to start with you. One person CAN make a difference. In 2009, don't leave it for someone else to be that person. Take a stand. And if you can, please make a small contribution to Beach Access Hawaii, using the Donate link on the right hand side of this page. Mahalo!

Obama Staying in Kailua Beach

As reported in today's Honolulu Advertiser (Dec. 20), President-elect Obama and his family will be spending their Christmas vacation at a beachfront property on Kailuana Place, not far from L'Orange Place -- Ground Zero in the battle for beach access.

Longtime Kailua residents still simmer over the gate that was put up on Kailuana Loop in the early 1990s. Surfers and kids used to have easy access to Castles, a popular surf spot at that end of the beach. Then the Kailuana homeowners put up a spiked gate on a private easement they controlled.

However, those same Kailuana homeowners reap the publicly-financed benefits of living on a public street that our tax dollars maintain for them! If they want their own private beach access, let them pay for the upkeep on their own damn road.

I hope someone will ask Obama if he approves of this kind of "elitist" attitude among the Kailuana Place grinches, who deny beach access to their own neighbors.

MidWeek, Advertiser Articles on Beach Erosion

Call me Chicken Little if you want. But I believe my own eyes, and I can see Kailua Beach is eroding fast in certain spots. I don't doubt some of it is just part of natural cycles. However, it also seems that wherever man meddles with the shoreline, we see more dramatic changes in a shorter period of time.

Here's a link to Ron Mizutani's Dec. 10 column, headlined "Kailua Beach: Going... Gone?"

The Honolulu Advertiser also ran a front page story on Dec. 8 about the potential loss of billions of dollars if we do nothing to address Waikiki Beach erosion and the possibility of rising sea levels. Click here to read that alarming story.

What we need is a Hawaii Coastal Commission that would oversee our shorelines. The current split jurisdiction between the State and the counties at the high water mark is not working. No one is taking direct responsibility for protecting our most valuable resource. Meanwhile, our beaches are slipping away while our politicians -- and the apathetic public -- do nothing about it.

The sky may not be falling. But our beaches and open access ways ARE disappearing.

Time to be gateful... er, GRATEFUL!

Happy Thanksgiving! Let's be thankful for the kind people who live on beachside lanes that still allow their neighbors to use their streets to get to the ocean. Can you picture some of those gated-road homeowners at the first Thanksgiving? "Hey, Squanto -- get off our private property! Can't you Indians read? The signs say 'No Trespassing'! Go back where you came from!"

In effect, that is what they are telling locals and Native Hawaiians when they put up gates. So much for being good Christians and good neighbors, eh?

NEWSFLASH: One of my sources tells me Rep. Cynthia Thielen may be introducing a bill to move back the shoreline setback for building on Kailua Beach. If true, that would be great. But why isn't our City Councilwoman Barbara Marshall doing anything about it?

Speaking of more City government dysfunction, remember the yellow 911 beach emergency response signs that were put up in January? The Honolulu Emergency Service Department's Ocean Safety division made a big to-do about how they spent two years putting that together... Then a few months later I noticed Sign 89A at the Kailuana right of way on Kailua Beach was gone.

So I called the Emergency Service Dept. and was told they would look into it right away. Two months later, still no sign. I call back again. The guy tells me it's not their job to check on these signs, or to have them replaced! Turns out the Dept. of Parks is supposed to maintain them. Why didn't the Emergency Service Dept. notify the Parks Dept. then? After that second call, the sign was finally replaced -- just four months after the first one mysteriously vanished.

Thankfully, no one needed to use the emergency location sign while it was missing. But these signs are also helpful because they identify where the few public rights of way are. And the next closest public access to that 89A Kailuana right of way is HALF A MILE DOWN THE BEACH!

Yet Barbara Marshall says Kailua has plenty of public beach access. Really? Take a walk with me along Kalaheo Ave., and I think you'll change your tune real fast.

Setbacks Hot Topic at Beach Seminar

The State Department of Land and Natural Resources and Office of Conservation and Coastal Lands held an informative session Nov. 20 to discuss sea-level rise, erosion and other issues related to "Conserving Hawaii's Beaches for the 21st Century." The word they repeatedly used to describe the present situation is "triage."

Some beaches are already too far gone to save in their opinion. So they are focusing on shorelines that stand a better chance of being preserved if beach management plans are implemented in the near future. A pilot program is being planned for Kailua Beach, according to Dolan Eversole of the UH Sea Grant program, who is "on loan" to the DLNR.

I asked him if beach access would be part of the plan. He says that is really up to the community. However, he did say their priority is dealing with beach conservation. And that means doing something about the existing setbacks.

As I have posted here before, there are at least two houses being built closer to the ocean than the older existing homes around them. My concern is this will set off a race for other homeowners to rebuild closer to the shoreline in an effort to prevent their views from being blocked -- which is already happening.

At the seminar, Chip Fletcher, Chair of the UH Geology and Geophysics Dept., and Sam Lemmo, DLNR-OCCL Administrator, both said when houses are allowed to be built closer to the sea, there is more erosion in that area because it interferes with the natural sand dunes that help stabilize the beach. You can see that just by walking along Kailua Beach. Then go to Lanikai and see what the future holds if setbacks aren't moved back NOW.

Fletcher says that new beachfront house on Namala Place was built partially on State conservation land, and the DLNR is looking into it. But why did the City grant a permit for building so close to the ocean? Did they even go out and look at the site?

This City/State split jurisdiction is part of the problem. Fletcher, Lemmo and Eversole (sounds like a law firm, huh?) all said the current State/county division of responsibility at the high water line results in poor management of our shorelines. I think they're right. We need a Hawaii Coastal Commission that will provide uniform standards and guidance. And that applies to shoreline access as well.

We'll let you know when there will be public hearings on the Kailua Beach Management Plan. It's up to YOU to tell them beach access must be part of that plan.

One Small Victory...

Jeannine Johnson, an East Oahu ally of ours, sent the photo above with this update:

Thanks to efforts from members of our own community, as well as many organizations including the Niu Valley Community Association, Beach Access Hawaii, Kahea, Surfrider Foundation, Keep the North Shore Country, Livable Hawaii Kai Hui, Maunalua Fishpond Heritage Center, and the Windward Ahupuaa Alliance, Niu Valley now has an official public right of way sign next to our access at Niu Valley stream bridge along Kalanianaole Highway and West Halemaumau Street. That simple blue sign means that for generations to come our community will be able to enjoy the beach and ocean in Niu Valley.

Another sign -- literally -- that change can happen if we persevere. Keep up the great work, Jeannine!

Happy Halloween!

This "ghoul gate" is on Kailuana Loop in Kailua.

It's actually a public street that our tax dollars pay the upkeep on, but the homeowners own the "private" easement.

Well, BOO to them for locking out kids and surfers.

We hear people still climb over the gate, but they better be careful -- dig the sharp spikes on top!

And just a reminder: VOTE FOR CHANGE ON NOV. 4. Yes, we can!

Disney Resort Plans and Bumper Stickers

Two quick items: the "No More Gates" bumper stickers are in, and we'll be sending them out ASAP to those who already made donations. If you'd like one, just click on the Donate button at the right. Please email your name and snail-mail address to Rich Figel (figeli001@hawaii.rr.com). For every $5 contribution, we'll send you three stickers! Due to printing costs, we couldn't do full color. But these still look great in black, white and red. Special mahalo to Jennifer Eisenberger of Windward Designs for creating the logo and layout!

Second item: In today's MidWeek (Oct. 22), Bob Jones makes a very good point in his "Just Thoughts" column about the new Disney resort being built at Ko Olina in Leeward Oahu. BAH brought attention to the limited public parking at Ko Olina, which results in residents being turned away and denied access to beaches there when it gets crowded. However, we've been told that there usually are plenty of open parking spaces -- they just aren't open to Hawaii residents!

Bob Jones writes: "...residents should not roll over and play dead. This is an overdue chance to demand more beach access parking for the public in exchange for expediting permits. Ko Olina got away with much too little in the first go-round. We should demand expanded public parking. Why give away our shorelines to tourists as the recent developments at Kaanapali-Honokowai have done?"

I may not agree with Bob on other issues, but on this one I say, right on!

Coastal Zone Management Report: Ain't Our Job!

Guess what? The State Department of Land and Natural Resources, Deputy Attorney General Linda Chow, county planning directors and Coastal Zone Management got together to discuss public beach access issues at a June meeting... without informing the public or any of the organizations that have been involved with this!

So they recognize shoreline access has become a major problem in Hawaii, but they feel it's just a "private property rights issue" because of where the gates are situated. Hello, some of these gates are on PUBLIC streets such as Namala Place and Kailuana Loop in Kailua. True, the easements themselves are on strips of land that are privately owned. But if the homeowners want to make that "private" land claim, they should also pay for the upkeep on those streets and for private trash pick up. Those properties should also be taxed at the higher rate that homes on "private" lanes are supposedly charged, since they want to deny public access to the beach.

The report also acknowledges that climate change and rising sea levels are major concerns for the future. Yet if you walk along Kailua Beach, you'll see homes are being built even CLOSER to the ocean -- and no one in the City Council or State government is doing anything about shoreline setbacks on Oahu. We've seen what happens when homes are allowed to be built closer to the ocean in Lanikai and Kahala, where it has accelerated shoreline erosion and beach loss.

But, as with most things, people don't know what they have until it's gone. If you don't make your concerns known to our elected officials, you can say goodbye to free beach access -- and the beaches themselves. Meanwhile, one wonders what the State DLNR and CZM are actually doing with our tax dollars. Oh, that's right -- they're protecting "private property" rights while our rights to public shoreline access are ignored.

You can download the CZM report by clicking here...
CZM%20report.pdf

Another Oahu Beach "Off Limits" to Public

This article appeared in the Honolulu Advertiser on Oct. 6. Further down in the story if you go to the link, Waimanalo Neighborhood Board Chairman Wilson Ho says the public has been going to this beach for 20 years and is just hearing about this restriction now...

Bellows beach policy a surprise
Air Force says stretch some assume is open to public is off limits - By Eloise Aguiar, Advertiser Windward Writer

WAIMANALO - For decades the public assumed that Bellows Air Force Station beaches were open to local residents on weekends, but an encounter with military police there has revealed otherwise and community leaders are studying the situation.

Kim Falinski of Kailua said she was walking on the beach between Waimanalo Bay State Recreation Area and the public campsites on Bellows when she and other people were approached by a military man in uniform riding a four-wheel drive vehicle. He asked for identification and told her the beach was closed 24/7, Falinski said, adding that she asked for a contact person she might talk to but was brushed off. Rather than confront the man, she said she left.

"I'm not a community activist," she said. "I'm just a community member. I'm told it's closed 24/7 and I'm told by someone with a gun."

Click here for the rest of the story.

Beach Access at the 4th of July Parade in Kailua

It's one thing to talk about beach access, however I find it much more powerful to see people actually on the streets doing something about it! Here is a video put together by one of our members, Paulo de Azevedo. It really shows you the great signs, the crowds, and the tremendous enthusiasm we have in support of getting rid of the gates that block public access to the public beach. And we love the bagpipes too...



Mahalo, Paulo for doing a terrific job on the video! We'll also be using some of his footage in an Olelo program about beach access, which BAH is producing and will be airing on public access TV in a month or two.

Our Vanishing Beaches

Good editorial in today's Advertiser: "United effort needed to curb Kailua erosion." If we allow houses to be built closer to the shoreline as is happening right now, it could accelerate the erosion problems. Yet NOTHING is being done by the State or City Council!

Why? Same reasons nothing has been done about beach access: lack of leadership. Here's a telling excerpt from the editorial...

Government officials have been aware of the problem for several years, said Chip Fletcher, a University of Hawai'i geologist... He started his work in the Kailua-Lanikai area, so he's familiar with radical changes in this beach zone.

Major players in this drama - officials from city parks and state land departments, as well as from the U.S. Army Corps of Engineers - have met before, he said, but there's been no corrective plan launched yet.

"The problem is you have something that crosses jurisdictions, and nobody has taken leadership and followed it from A to Z," he said... The absence of leadership is often a key ingredient in how government operates around here, so this observation should come as no surprise.

Get Your Bumper Sticker and Support Beach Access!

Do you support beach access? Well now there is a way you can tell others about it, by picking up one or more of our newly designed bumper stickers. SPECIAL OFFER: Donate before Oct. 1, and we'll send you all three!

We're going to have three versions printed. At the top each says, "Save Beach Access" with the following slogans underneath:

• No More Gates
• Open Da' Gates!
• No Gate 'Em Brah!

If you would like Beach Access Hawaii bumper stickers, please make a small PayPal donation on our web site of $5 or more, then drop me an email (figeli001@hawaii.rr.com) with your mailing address. Tapped out? No problem -- email your address to me and you can make a donation in the future. Or just use the handy Buy Now button below and you can be on your way in about one minute.

What Slogan?

Open Da' GatesNo More Gates!No Gate "Em Brah!

I can hardly wait until we see these all over Hawaii and who knows where else? Be sure and email us a photo once you've received and placed yours.

You can also read Rich's latest newsletter, Beach Access One Year Later.

Dog Crap and Politics As Usual

I've been remiss in posting updates for two reasons: 1.) Not much new to tell you. 2.) Have been busy with my Honolulu Advertiser blog, "Addicted to..." which deals with all types of addictive behavior and recovery.

Due to contract disputes at the Advertiser, I've been asked by employees to honor their "blog strike," which started today (Aug. 25). My prior posts are still available in the archives, and there are good article links related to the failed War on Drugs, as well as new studies about addictions. But the management has disabled the Comments until further notice. Haven't they ever heard about freedom of the press? Sheesh.

In any event, I walked to the beach this weekend and observed a few things. Remember how the City made a big to-do about those yellow 911 beach right of way signs they put up? The one by the Kailuana BROW at the north end of Kalaheo Avenue has been gone for a couple of months -- and still hasn't been replaced.

I have no idea if vandals stole it, or if someone who lives near that public access didn't like the sign because it might increase foot traffic next to their homes.

Meanwhile, despite our group's complaints about unsafe conditions on Kalaheo Avenue for pedestrians and bicyclists, not a damn thing has been done. The narrow shoulder areas along the road side are still just as narrow and half covered with debris or weeds, forcing walkers and bikers into the path of fast moving car traffic.

We were told by City Council Chair Barbara Marshall's assistant that homeowners were responsible for fixing that problem and had been notified. Really? So where's the follow-up?

Then as I was walking along the beach I saw two new houses nearing completion that are being built closer to the ocean than the older homes. Folks, if nothing is done about shoreline setbacks on Oahu, it won't be long before Kailua Beach looks more like Lanikai Beach and Kahala Beach. The closer that houses are built to the ocean, the more beachfront will be lost through erosion and vegetation growth, such as naupaka, that will extend out from those homes. Just take a drive over to Lanikai and you'll see what the future looks like.

Last beach observation: dogs are crapping on the beach and their owners are leaving it there. I have not been been opposed to allowing people to walk dogs on the beach, but if they aren't going to make sure other people pick up their dog's waste, maybe the City needs to have police hand out a few tickets. That goes for littering too.

When stuff like that happens, it reinforces the negative opinion people who live on gated roads have of beach users. I understand what they're complaining about. It's the few bad apples that ruin things for the rest of us.

BTW, below is a sample of a BAH bumper sticker we're getting printed up. We have two other designs that say, "Open Da' Gates!" and "No More Gates!" If you want one, email your home address to richfigel@yahoo.com.

Ala Wai Harbor parking update

Our allies at the Surfrider Foundation have sent a letter to the Dept. of Land and Natural Resources, contesting the recent decision to move forward with the State's controversial paid parking plan at the Ala Wai harbor.

According to the national litigation manager for Surfrider, under current State laws, they CANNOT privatize parking there. Below are excerpts:

To The Chairperson and Members of the Board of Land and Natural Resources:

On behalf of Surfrider Foundation, a grassroots, non-profit environmental organization dedicated to the protection and enjoyment of the world’s oceans, waves and beaches for all people, with over 900 members in Hawaii and 50,000 members worldwide, we are writing to oppose issuance of a revocable permit to a private, for-profit entity, Diamond Parking LLC, for management of the Ala Wai Small Boat Harbor parking area. A central focus of Surfrider’s mission is to ensure beach access for all persons. As it stands, this type of regulation of parking would not only discourage and effectively prohibit surfers and beachgoers from utilizing the natural resource they have become accustomed to enjoy, but it would also illegally privatize a government function. This privatization should not occur because the state legislature has failed to endow state agencies with the power to contract with private contractors.

The state does not have the right to contract with private companies in such a way as DOBOR is contemplating by creating a parking management plan that would be run by a private company. The rationale for this rule against privatization is to protect against the potential for abuse of government and taxpayer money. Additionally, the prohibition on contracting with private entities protects against the possibility that the public will be overcharged for services only to benefit of a private company who otherwise would not be making money.

This issue was once regulated by Hawaii’s Act 90. Act 90, which was enacted in 2001, explicitly allowed counties and states to “contract with private entities when it is reasonable to believe that those private entities can provide equivalent or better quality services at lower cost than the government agency”. Act 90 is no longer valid and was NOT used as a justification for this contract proposal...

Surfrider avers that this proposed parking management plan would disturb the beach-going experience as well as overstep the state’s restrictions on contracting with private entities. Because the currently proposed parking management plan would not only restrict beach access, which contravenes a core tenet of Surfrider’s mission, but also would do so illegally without statutory right, Surfrider asks that the request for issuance of revocable permit to Diamond Parking LLC be denied.

Sincerely,
Angela T. Howe, Esq.
Legal Manager, Surfrider Foundation

Will be interesting to see how the State responds to this challenge! We'll keep you posted.

Big Island Beach Access Blocked

The Star-Bulletin reports another case in which landowners have restricted access because of idiots who trash the beach and have no regard for others.

Although they placed boulders on the road to stop vehicles, people can still walk down to the shoreline. Here's an excerpt, followed by the article link:

... Shipman, which owns more than 17,000 acres in the area, placed the boulders on June 6 at its boundary with Hawaiian Paradise Park subdivision, where the road widens to 50 feet.

Walters is clear about why he took action. It was in response to complaints about trash, abandoned cars, wild parties, gunshots and drug use spilling off the road onto Shipman property, he said...

Sad, huh? And these are locals who are ruining it for everyone. Here's the link to the entire article.

Written Comments Needed by Aug. 15!

Although the State Legislature has adjourned until next year, we still may be able to get state action on public beach access, according to Mike Lameier of the National Marine Fisheries Service.

He said the upcoming review of the State's Coastal Zone Management Program is an opportunity for the public to influence how the State CZM Program in Hawaii is spending their money and tax dollars.

A team of federal reviewers will meet with government and non-government organizations in Hawaii, and have a public meeting on the Big Island, July 30, to review how our State CZM Program is doing.

The review team must then write a report, which will include "program suggestions" and "necessary action." Program actions are non-binding recommendations for the State CZM to focus more attention on specific issues raised by the public. Necessary actions are binding. If there is enough public interest and comments about a particular issue, the federal reviewers can restrict or even deny state funding, until the state program has improved the situation regarding those issues.

Mike wrote: "As you can see, this is a great opportunity to influence our State CZM Program to give more attention and funding to public beach access issues or other issues, which you feel are important."

We need your emails and letters asking the State to step in and establish uniform guidelines for shoreline access throughout Hawaii. Point out that we need to know where additional public access ways are needed on all the islands, and explain that many residents no longer can walk easily be beaches because of gates on private and public roads.

If you have questions, contact Rich Figel via email: figeli001@hawaii.rr.com

Please email your comments to Ms. Carrie Hall at carrie.hall@noaa.gov

Or snail mail letters to:
Ms. Carrie Hall, NOAA/NOS/OCRM
1305 East-West Highway, N/ORM7
Silver Spring, Maryland, 20910

Post-Fourth of July Kailua Fireworks!

Good letter in today's Star-Bulletin (July 9) related to the Fourth of July:

Allow access to beach at least 1 day a year

Land of the free? Apparently not in Kailua. Yes, the signs said "Private Road, NO Beach Access," but surely on this one night of the year when Kailua Beach is the gathering place to view fireworks, "outsiders" who do not actually live on that lane would be allowed to pass by as we have done for more than 20 years. But no -- a gate that we did not know existed stood locked. Fortunately we were allowed to enter with the privileged ones who had the gate code.

Yes, it is your right to close your private road. But how hard would it have been to prop the gate open for one hour on this special night? How offensive is it to have strangers walking in front of your homes anyway? News flash -- we all have strangers walking and driving by -- sometimes speeding, if you live on a shortcut used by all to avoid the traffic on Oneawa. We have had litter, noisy kids, loud thumping radios, vandalism and car theft because everyone is allowed on our road. We have also made friends with those who pass. So "land of the free" seems to depend on your address.

Maryalice Woody
Kailua

Hana Hou: More Parade Pictures...

You can see additional Fourth of July photos on our Flickr page by clicking here...

Happy Fourth of July!

Mahalo to everyone who helped make the Beach Access Hawaii entry a big hit with the throngs of people who lined the parade route Friday morning! We had over 30 participants on the float, marching or riding bikes -- plus members of Surfrider, and a strong contingent from the Defend Oahu Coaliton in their green "Keep the Country Country" shirts right behind us.

KGMB News had a brief shot of our truck with the "Save Beach Access" sign on the front, and we got a lot of spectators talking about the issue of locked gates in Kailua. Hmm, does that fake gate on the back of our truck look familiar?

Marching Orders for the 4th...

The official staging area for Beach Access Hawaii and Shoreline Access Coalition will be at Pukoa Street at the N. Kainalu Drive intersection. If coming from Kainui Drive, going south on Kainalu it's the second left (after Kaha Street).

Word has been spreading, and our ranks are growing! We're expecting a good turnout for Friday morning, so don't be shy about joining us at any point along the parade route. Just keep your ears open for the, "Get up, stand up -- don't give up the fight!" chant, accompanied by 25 kazoos.

And dig Ben Mon's awesome "Free Beach Access" shirt design he did for the parade on the right! Let me know if you want a custom shirt of your own.

Fourth of July: March for Beach Access

Calling all surfers, paddlers, fishermen and beach-goers of all ages!

Wear wacky beach outfits, bring props like boogie boards and fishing poles, and join us on Friday, July 4 for the annual Kailua parade down Kainalu Drive...

Our allies, Defend Oahu Coalition from the North Shore and the Surfrider Foundation, will also be marching. Bring your kids, your pets and your friends. We want to make this a Moveable Beach Party that will spread our message: Hawaii's beaches belong to us all. No more gates! No private beaches!

Good Comment on KHNL Story

Ian Lind's blog today points out another major omission in the KHNL story last night (see post below) about Kahala homeowners claiming the naupaka in front of their property is actually preventing beach erosion:

"... The problem with the story is that it fails to credit the mass of scientific evidence and legal precedent that has identified artificial plantings along the shore as sources of erosion. Like seawalls, which are a last line of defense for oceanfront land but are generally banned because they cause serious long term erosion, property owners think they are protecting the beach by encouraging plants to grow onto the sand but in fact they are causing erosion by interfering with the natural circulation of sand.

In Kahala, the neighborhood board and community association have been pushing the state for years to enforce its coastal rules, which prohibit plantings seaward of the legal shoreline. Kahala homeowners have planted and watered in order to get naupaka and other plants to grow towards the water, in the process extending their own properties while damaging the beach.

This has been a problem statewide for years, a history ignored by the K5 report. It led to a landmark Hawaii Supreme Court decision in 2006, discussed here in Juan Wilsons Island Breath blog.

The Department of Land and Natural Resources should be getting credit for finally taking comprehensive enforcement action in a coastal area rather than simply responding to complaints about individual homeowners. Instead, K5 ignored history, law, and science with its homeowners rights approach to the issue..."

Here's the link to the complete blog entry.

More on Shoreline Setbacks, Vegetation Issues

KHNL ran a report Sunday night about homeowners in Kahala being ordered to remove naupaka that is blocking lateral shoreline access. One of them claims the naupaka is necessary to prevent further erosion.

Here's the link to the KHNL news story.

The real problem though, which KHNL neglected to mention, is that those homes should never have been allowed to be built so close to the shoreline in the first place. And yet our do-nothing Honolulu City Council continues to allow new home building close to the ocean even though there is ample evidence that sea levels are rising.

In Kailua, one homeowner decided to rebuild closer to the beach -- which will partially block his neighbor's former ocean view. Could that be why the neighbor is now selling in the photo below? How many others will do the same, and race each other to build closer to the ocean?

1, 2, 3, 4...Get Your Booty Out the Door!

5, 6, 7, 8... Time to March Against the Gate! Sound off...

It's official: Beach Access Hawaii and our allies will be marching in the Kailua Fourth of July parade, between 10 AM and noon on Kainalu Drive. Anyone who wants to join us can bring signs and props to show how they feel about this issue.

There will be a pre-parade planning meeting on Weds., June 25, 6 PM at the home of Mark Olds, who lives at 306 N. Kainalu Drive (near the Kapaa Street intersection). That's right on the parade route, so Mark has offered to let us put signs and banners on his fence too!

Should be a lot of fun. If you have any questions or suggestions, please email me at figeli001@hawaii.rr.com.

Back to the Beach (if you can find it)

Just returned from a 3-week trip to Europe and NYC, and am nearly caught up on the latest beach access-related developments that occurred while I was away.

The Sunday Star-Bulletin (June 1) ran a front page story on overgrown vegetation blocking shoreline access in Kahala and other parts of the islands. Above is a photo of a part of Kailua Beach where naupaka extends about 50 yards from the homeowner's property.

The Star-B then followed with a good editorial on the subject in Wednesday's paper (June 4). It noted that erosion is an ongoing problem -- which could have been addressed in State legislation to increase shoreline building setbacks. However, our do-nothing Legislature let that bill die in the last session.

Speaking of setbacks, our coalition lost the battle to keep all of the free parking spaces at the Ala Wai harbor near the Bowls surfing spot. But the State Board of Land and Natural Resources did yield somewhat to public pressure and agreed to keep 300 of the parking spaces free, while only charging 25 cents per hour for metered parking on the other 266 spaces. We don't like the precedent this sets for pay-to-play in our oceans. Here's the Advertiser article on that compromise deal.

In the Honolulu Advertiser, Lee Cataluna's May 13 column was about Iroquois Beach being reopened to the public. She notes that the restrictions allow limited access, but also succeed in keeping that beach clean and litter-free... sadly, she's right: as long as locals trash our beaches, you will find opposition to increased public access via private roads. Here's the link to her column.

Mahalo to Roxanne for her guest blog while I was on vacation! Much more to follow, including tentative plans for a Beach Access Hawaii entry in the upcoming Kailua Fourth of July parade. If you haven't already registered for email updates, please use the link on the right hand side of the page to do so. And don't forget to donate a few dollars if you can spare it! We're gearing up for Groundhog Day 2009, and need to build up a war chest for legal action against locked gates on private and public roads.

Can You Trust the Realtor Lobby?

We did a lot of grass roots awareness this past legislative session, and moved forward, albeit slowly, in fashion with the political process. Recently Pacific Business News provided a recap on Real estate-related bills must await another day.
Among those favoring the proposal was Marti Townsend, program Director for Kahea, the Hawaiian-Environmental Alliance.

"From high parking fees to no parking at all, private gates to shoreline shrubbery, poor signage to vacation rentals beachfront resorts to military installations, access to Hawaii's beaches is in serious danger."

Opponents included the Hawaii Association of Realtors.

"With regard to major developments, it is highly likely that property owners would readily agree to providing public access upon final approval of their projects," the association testified. "It is not practical to impose requirement for public access prior to the final approval on entitlements."

When I first read this comment (my emphasis in bold) I thought it was a typo! Did they mean "highly unlikely"? That has certainly been the position taken by beach front property owners in Kailua. Just drive down Kalaheo Avenue and you will see a steady stream of "Private Lane" and "No Public Access" signs posted block after block. And let's remember that it was the gating off of the traditionally shared access point on L'Orange Place that led to the formation of Beach Access Hawaii.

Here are just a few advantages for homeowners. The more access points we have:
* The less traffic impact on each individual access point.
* The faster emergency response for fire and safety officials should you or your guests be in danger on the beach.
* The more the local residents can keep the access clean and monitored for good behavior.
* The less hostility will be generated in the community; hostility can lead to vandalism.
* The more we get to share the spirit of Aloha and keep Hawaii, Hawaii, instead of becoming like the gated communities on the mainland.

I would love to see our local realtors start a public petition stating their name, company, and an affirmation that they indeed will promote beach access in every sales contract they write up, and will help us educate beach front homeowners to the many advantages of keeping more access, not less. 

Realtors, do we have any takers? Do you really believe that most homeowners that most homeowners are likely to willingly provide unfettered beach access? I'd love to hear from you.

[Rich is on vacation and he has asked me to blog in his absence.]

Got slogans?

One of our BAH members has offered to pay for bumper stickers to help publicize the need for action to protect shoreline access. If you have ideas that are short and punchy, send them to me at figeli001@hawaii.rr.com or post them here in the comments section (you need a Google account to do so).

BTW, you can also order custom air-brushed Beach Access Hawaii t-shirts from Kailua artist Ben Mon. The photo above shows some of the designs he did for the Groundhog Day 2008 rally. Call Ben at (808) 247-1310 to find out more. A portion of each shirt sale will go to BAH, so you'll be helping our organization as well!

Wear and Share the Message!

And here's the back side view of Ben Mon's colorful shirts. To have one designed just for you, please call Ben at (808) 247-1310. Besides Beach Access Hawaii shirts, he's also done some for local band Shaka-down Street. Cool stuff!

Legislative Inaction Update

When Sen. Gary Hooser (above) spoke at our Groundhog Day press conference at the State Capitol on Feb. 2, we were optimistic about some of the House and Senate beach access bills that were in play. We got hearings, and had nearly unanimous support from State Senators and House Representatives on those committees.

But the bills died anyway, because key committee heads in the House and Senate decided beach access was not a high priority. Many people are calling this a do-nothing Legislature, and I'd be hard-pressed to disagree with them.

So what does it matter? I'll give you an example: walk along Kailua Beach and you'll see a new house being constructed that is closer to the ocean than any of the surrounding houses... at the north end, another house is being rebuilt, much closer than the original structure was.

Yet studies show erosion has affected the old shoreline measurements that are still being used for setback purposes. There was a bill that would have required houses to be built further back, based on sea-level rise and annual erosion rates. However, HB1037 "Relating to Coastal Zone Management" was just one more victim of the 2008 Do-Nothing Legislative Session.

If you're upset about new construction putting houses closer to the ocean on Oahu, call Land Agent Barry Chung at 587-0430 and ask him why the setbacks have not been adjusted to take into account sea-level rise and erosion. The one being built on Laiki Place sticks out like a gigantic sore thumb. And those same homeowners will probably complain about anyone who uses "their" beach area in front of that obnoxious eyesore.

City Inaction: 4 Months and Counting...

Back on Dec. 20, 2007, we posted a photo of a dangerous section of Kalaheo Avenue where the pedestrian/bike path has narrowed down to about a foot of space. We sent pictures to City Council Chair Barbara Marshall and asked who was responsible for road maintenance. A couple of months later her assistant finally gave us an answer: the homeowners who live next to Kalaheo Avenue are supposed to take care of it!

But did the City actually do anything to address the situation? Nope. This past week I almost got hit by a car while jogging down to the public beach access next to Kailuana Place (the closest one for me now that L'Orange Place is denying access to neighbors). Another resident was trying to walk his dog down that narrow shoulder area at the same time I was running, while traffic was zooming past us. Luckily, he was able to yank his dog out of the car's path before it was too late. If I was a parent, I would NOT walk with my children to the public beach access at that end because it would put my kids at risk.

This is a fixable problem. The City should remove the dirt and accumulated soil that is taking up half the shoulder area, and if necessary, bill the adjacent homeowners for that work if the homeowners won't or can't do it themselves. So what's it going to take before something is done? A fatal traffic accident?

We need government officials and leaders who are willing to work on solutions to problems instead of making up lame excuses for doing nothing. Know anyone who wants to run for City Council? Perhaps it's time for a change.

Vegetation Blocking Access

On Sat., April 19, KITV aired a news report about naupaka and vegetation from oceanfront homes blocking beach access in Kahala. This has become an increasing problem all over the islands. In Kailua, vegetation extends over 50 feet from some properties. But because the beach is still fairly wide in those areas, people tend not to notice this sneaky land grab.

Here's the KITV link to the video report.

But take a look at this excerpt below, and explain to me why isn't the State fining these people?

Sam Lemmo, the state's coastal land administrator, pointed out many Kahala areas where residents' bushes have pushed too far.

"What you call inducing vegetation to grow out onto the public beaches -- sometimes people are going out and planting and fertilizing and then watering. We catch them and tell them not to do that," Lemmo said.

The WKNB said it will invite beach-front landowners with overgrown hedges to its meeting in May to meet with Lemmo. "We are simply trying to raise awareness about the impact of this on our public beaches and seeking people's cooperation to cut it back," Lemmo said.

The state said it hasn't decided yet what to do if the Kahala residents refuse to cut back their overgrown beach vegetation.

Huh? If they refuse to cut back, enforce the law and FINE them. They are perfectly aware of what they are doing. Enough talk. Take action!

Liti-Gate

If the State won't pass legislation to provide better shoreline access, and the City won't enforce existing "standards" for public rights of way, that leaves us with two options: negotiate easements in perpetuity with homeowners on beach lanes, or use the courts.

We hoped we wouldn't have to lawyer up, but it's become clear that most of the gated road people would rather fight than voluntarily allow their neighbors use of their rights of way. After meeting with an attorney from the national Surfrider Foundation organization, we've decided to target specific access ways for legal challenges or condemnation.

The alliance that was formed on Groundhog Day will identify areas where additional rights of way are needed and select potential test cases based on things such as historical or customary usage of beach paths, Native Hawaiian rights to shoreline access, and public safety issues posed by locked gates.

While no decision has been made by the alliance yet, in Kailua members of our group have requested we consider taking action on Kailuana Loop and Namala Place (both are public streets that have gated private rights of way); Laiki Place, which is situated between two public rights of way that are over a half-mile apart; Kaapuni (currently still open to the neighbors, but there are concerns that might change); and the beach path at L'Orange Place, which had been used by residents and local fishermen for over 30 years.

However, it's possible the first test case may be a site somewhere else on Oahu or even outer island, depending on what our attorney and legal experts advise. We'll keep you posted!

Pay to Play and Surf

The Department of Land and Natural Resources will have three public meetings to gather input on a parking plan for the Ala Wai harbor. All meetings will be held in the Jefferson Elementary School cafeteria, 324 Kapahulu Avenue, Honolulu, from 6 to 8 p.m. as follows:

First Meeting: Wednesday, April 9
Second Meeting: Wednesday, April 16
Third Meeting: Wednesday, April 30

The original plans would have replaced free parking spaces with pay parking. Surfers who frequent Bowls and other spots near there objected to having to pay just so they could go surf. Families that also want to use the cleaned-up lagoon area in front of the Hilton Rainbow Village, would have to pay to go to that beach area as well if they parked there.

The DLNR's rationale is that someone has to pay for the upkeep of the harbor area. But are locals who use the ocean the ones who should foot that bill? What's next -- paid parking at our other public beaches? Perhaps, so.

If you can't make the meetings, you may send suggestions and comments on the Ala Wai harbor parking plan to:

Clifford Inn
DLNR Division of Boating and Ocean Recreation
333 Queen Street, Suite 300
Honolulu, Hawai‘i 96813

Or email him at: Clifford.G.Inn@hawaii.gov

Results of these meetings will be presented at a future date to the Board of Land and Natural Resources for consideration and possible adoption. The last BLNR hearing on this plan drew over a hundred protesters, forcing the BLNR to postpone a decision until more public input was gathered. So this is your last chance to speak out against the State's pay to play plan!

The Real Molokai Story

Amazingly, many people in the islands seem to be siding with Molokai Ranch and blaming the "activists" for MR shutting down its operations and laying off workers. Never mind that HUNDREDS of Molokai residents had turned out for public meetings to protest against MR's plans to build 200 luxury McMansions on pristine La'au oceanfront! It was not just a handful of "protesters" who weren't willing to sell out.

What the local media has failed to report is residents were rightly concerned about little things like, um... water. Yep, a lot of water would have been diverted to provide lush green lawns and fill swimming pools for those millionaires. And, oh yeah, there would only be two public accesses to La'au beach -- five miles apart.

In effect, the millionaire buyers would have private beaches. And now Molokai Ranch is saying it will deny access to shoreline areas that they own, which is about one third of the entire island. The people of Hawaii should be outraged. For Molokai residents, the ocean is not just a place for recreation. Many of them fish and hunt to help feed their families. It's a way of life there. They are "real" Hawaiians.

Instead of blaming "activists" for asking MR's billion-dollar parent corporation in Singapore to consider less invasive options, we should be supporting them for taking a stand against over-development. Go look at parts of Maui and Kauai that are now crowded and overbuilt. Or check out the gated luxury subdivisions for the super-wealthy on the Big Island's Kohala Coast. That's what they were opposing.

Lee Cataluna wrote a good piece for the Honolulu Advertiser. But check out the comments and you'll see a lot of misdirected anger. If you think Molokai Ranch was going to stop with 200 McMansions, I have some land in Volcano Park I'd like to sell you.

Companies like Molokai Ranch will come and go. But the land is forever. And once it's developed, there is no going back. There is only more building and developing.

Hawaii Becoming the Hamptons?

In her "Under the Sun" column for the Star-Bulletin, Cynthia Oi wrote this timely piece on beach access:

Hawaii is going private with public beaches

THE woman stepped back from her car wedged in a space along the lane that led to the beach. Tilting her head, she examined a window where a sticker similar to one that would permit parking was obscured by tall grass. It would pass casual inspection, she figured.

She glanced at the other cars and decided her silver Saab didn't look out of place among the Beemers and baby Benzes along the road. Only then did we set out for the shoreline to lunch on sandwiches and lemonade, a couple of outlaws with no right to sit on the fine, white sand and watch the Atlantic waves sweep in.

That's how it is in the Hamptons, the summer playground of the rich and richer, where "beach cottages" the size of community college buildings stretch across the Long Island coast, and their owners vigilantly defend the oceanfront against intruders.

Heaven forbid that cooks and waitresses who prepare and serve their gourmet meals in charming restaurants, the hardware store clerk who delivers applewood charcoal for their barbecues or the nurseryman who switches out fully grown trees on their estates to suit current garden trends should sunbathe on the same sand.

That's not how it is in Hawaii, or at least not how it's supposed to be. Access to the ocean is the law of our land, yet more and more public shorelines are being privatized...

To read the entire column, please go to:

http://starbulletin.com/2008/03/26/editorial/oi.html

Maui Success Story

Nice article in today's Star-Bulletin about a Maui woman's efforts to keep open beach access:

WOMAN WINS FIGHT FOR PUBLIC BEACH
By Gary T. Kubota

PAIA, Maui... Christina "Uma" Hemming said she felt she needed to do something when she learned that an urban development would have blocked people from getting from the shores of Paia town to Baldwin Beach Park. "I called, I wrote, I hassled," recalled Hemming.

Some eight years later, Hemming's fight has led Maui County to authorize the final purchase of the parcel known as Montana Beach Condominiums for public beach use. The Maui County Council authorized the purchase of the final part of a 5-acre parcel in January. The Council also approved the payment of $85,000 to Hemming and the Hawaiian group Hui Alanui O Makena for attorneys' fees and court costs. Hui Alanui official Dana Naone Hall said Hemming's persistence made a difference...

To read the rest, please go to www.starbulletin.com:
http://starbulletin.com/2008/03/25/news/story09.html

Turtle Bay News

Received this update from Kathleen Pahinui of the Koolauloa North Shore Alliance:

Aloha Alliance Members -

We are still awaiting the referral of SB2423 SD2 HD1 (bill to acquire TBR and associated lands) to the Finance Committee in the House. We fully expect it will be scheduled and will send you information on when to testify when available.

Oral Arguments for Keep The North Shore Country appeal will be heard on April 9th at the Supreme Court. Kuilima Resort Corp. requested a delay until June for orals; KNSC opposed a delay, the Intermediate Court of Appeals concurred and rejected their request for a delay. In addition the Conservation Council submitted an amicus brief in support with focus on the endangered monk seal.

TURTLE BAY ADVISORY WORKING GROUP E-UPDATE - March 21, 2008

Communicate With Us
Residents should visit www.hawaii.gov/gov/turtlebay for news, meeting minutes, legislative progress, video of the community talk story and much more. The group welcomes the public's ideas and feedback. You can email the TBAWG and ask to receive regular updates at TurtleBayAWG@gmail.com .

Legislation Update
Support for three bills currently moving through the Legislature is important to ensure that the Governor has the full range of negotiating tools available as discussions with the owners, creditors, partners and community move forward.

Acquisition Tools Bill. The bill authorizing the Governor to acquire the Turtle Bay property, through a variety of tools, is moving forward in the House. SB2423 SD2 HD1 passed out of the full Senate, passed through two House committees, and is awaiting hearing by the House Finance Committee.

Land Conservation Fund Flexibility. SB3102 SD2 adds flexibility to DLNR's land conservation fund by allowing public and private moneys to be added and distributed as grants for the acquisition of state conservation lands. This bill passed the Senate, passed through a House committee, and is awaiting hearing by the House Finance Committee.

Transferable Development Rights. SB2997 SD1 would have provided an innovative new mechanism (already used in other states) for the transfer of development rights (TDRs), adding another important tool for preserving valuable undeveloped land. The TDR bill passed the Senate (version SD1) but was recently changed by a House committee (version HD1) to remove TDRs. Discussions are ongoing about this bill now pending before the House Judiciary Committee.

You are encouraged to contact state legislators to express support for these measures. Visit www.capitol.hawaii.gov , go to "Bill Status & Documents," and check for updated versions of the bills, status, and current hearing notices with instructions on how to submit testimony.

Next meeting of the working group is Wednesday, April 2, 2008, 10:00 a.m.

Military Beach Opening to Public

After months of negotiations between the Navy and community leaders, the military has decided to allow public access to Iroquois Point Beach. For details on that story, here's the links for the Honolulu Advertiser and Star-Bulletin articles.

The public's reaction? Sadly, it's pretty negative -- at least on the newspaper comment blogs. Both locals and military are posting messages that the beach will now be trashed because it's open to the public. But banning residents from our own beaches is not the answer to littering problems or vandalism.

While the Iroquois Point Beach opening is encouraging, it should be noted that there are other military-controlled beaches throughout the islands that remain off limits to surfers, fishermen, and residents.

"The Wearing of the Green"

In keeping with our holiday photo theme, Bob and Trudy Moncrief posed for a St. Patrick's Day picture next to the infamous green gate on L'Orange Place. They were the only ones on that block to publicly speak in opposition of that gate, and have been ostracized by the other homeowners ever since.

The Irish folk song, "The Wearing of the Green" is associated with St. Paddy. But it's really a song about rebellion against tyranny and a call for independence. It's a song about freedom. The Moncriefs exercised their freedom of speech rights, and are being punished for it by their neighbors on L'Orange Place, who don't believe in free beach access in Hawaii... well, at least not on their street. Or the streets to the left and right of them. Doesn't that create a private beach area, in effect? Which is illegal in this state, since all beaches in Hawaii belong to the public.

LEGISLATIVE UPDATE: The Senate Water and Land Committee is having a hearing Tues., March 18 on HB839, a bill that would direct the Dept. of Land and Natural Resources to do a comprehensive survey of public beach accesses throughout the state. We support this bill and want it amended to identify where ADDITIONAL rights of way are needed. This could be an important step forward in getting the State and counties to work together on solutions, instead of passing the buck back and forth.

To find out more, please go to the Hawaii State Legislature site: http://www.capitol.hawaii.gov/site1/docs/docs.asp and type in HB839.

Offensive Signs?

We don't condone the defacement of signs or property. Graffiti is a blight in Kailua. But I confess the above modification of the "Stop" sign did make me smile. The words below it were removed a couple of weeks ago. However, take a look at all those signs in the background on the corner of L'Orange Place and Kalaheo Avenue.

What's more offensive? The "Stop Blocking Beach Access" sign -- or all those ugly "Keep Out" type signs that say PRIVATE PROPERTY, NO TRESPASSING and NO BEACH ACCESS, which have become a visual blight throughout the islands.

Kalaheo Avenue Safety Update

Back on Dec. 20 we posted a photo on this site showing how dangerous parts of Kalaheo Avenue are for people trying to get to the public beach accesses, since they can no longer use "private" rights of way right across the street from where they live. Those pictures were also sent to City Council Chair Barbara Marshall and the Kailua Neighborhood Board, with a request that the appropriate department be contacted to do something about the unsafe road shoulders.

We warned that it was an accident waiting to happen. On Feb. 9, a woman bicyclist was hit by a car at the south end of Kalaheo Avenue, where residents say the path is less than a foot wide -- just like in the photo we posted on Dec. 20 (taken near L'Orange Place at the north end). Fortunately, the woman survived, which is probably why it didn't make the news.

After we alerted Councilwoman Marshall to the accident and asked again if anyone was contacted about the narrow road shoulder situation, her assistant confirmed that they did get a response from the City Dept. of Planning and Permitting. According to the DPP, it is the responsibility of the HOMEOWNERS who live next to the "unimproved sidewalk" areas (meaning the bike/walking lane) to maintain road shoulders!

In other words, once again the City says it's not their job to make the road safe for residents who have to walk further and further just to find a public right of way to the beach. However, the DDP is supposedly going to notify those homeowners that they must do something about their property if it is encroaching into the walking path areas.

So rather than wait for someone to be killed by a speeding car, we're going to look into whether volunteers from BAH can try to clean up and fix some of the worst spots along Kalaheo Avenue on our own. But the City will probably tell us we need a permit to do that, I bet.

Turtle Bay Talk by Lingle on March 4

Gov. Lingle has proposed that the State acquire Kawela Bay to preserve the area and avert the controversial expansion plans for the Turtle Bay resort. If you would like to carpool to her Talk Story session on Tues., March 4, 6:30 -8:30 pm at Kahuku High School please contact Surfrider Foundation's Kory Payne at spinandshift@yahoo.com or call him at 457-8622. Let us know if you can drive or need a ride, and we'll put you in touch with someone in your area.

Several of BAH's allies who joined with us for our statewide Groundhog Day Beach Rally event have been instrumental in taking the lead on this effort to protect the North Shore from overdevelopment. There are now 20 organizations in the Koolauloa-North Shore Alliance, which was formed to share and communicate information about the Kawela Bay initiative.

Although much has to be worked out on the details of acquiring this property, we believe now is the time to have serious discussions about the Governor's bold proposal.

Another Victory for BAH!

We received notification on Thurs., Feb. 28 that the House Finance Committee voted 15-0 in favor of HB839 with amendments, despite testimony from the Dept. of Land and Natural Resources in opposition of the bill...

This bill would provide funds to the DNLR to do a comprehensive survey of existing public beach accesses throughout the state. However, we would like it amended to also identify where ADDITIONAL rights of way are needed. That proposal will be discussed when the bill crosses over to the Senate side of the State Legislature.

After we find out which committee(s) will be assigned this bill, we'll have to provide testimony again in support of it to keep it moving forward. If it clears the Senate hearings, the amended bill will then be reviewed by both sides of the Legislature before final passage and a dollar amount is allocated for this survey.

So we still have a way to go -- but this is an important step forward in the process! Thanks to all of you who provided written testimony and made phone calls to Rep. Oshiro's office to get this bill scheduled for a hearing.

Important Hearing Weds., Feb. 27 at Capitol!

The House Finance Committee has scheduled a hearing of bill HB839 for Weds., Feb. 27 at 11 am in Room 308 of the State Capitol building. Here's the brief description of it: "Appropriates funds for the department of land and natural resources to survey and map all existing public access ways to shoreline areas."

That in itself may not sound very significant. However, we're proposing it be amended to say that the survey would also "identify where additional public rights of way are needed most, and recommend the best way for the State and counties to acquire them."

You can read more about the bill at the link below:
http://www.capitol.hawaii.gov/session2008/hearingnotices/FIN_02-27-08_2_.htm

This bill, if amended as we are suggesting, could be a big step towards creating stronger laws to protect and improve public shoreline access, statewide!

Mucho Gracias!

Thanks to all who made our Feb. 23rd "One More Saturday Night" BAH fundraising party such a blast! The band Shakadown Street was terrific and the crowd had a fun time. And a very special mahalo to Joanna Hernandez, owner of Cisco's Cantina, for hosting the event! If you haven't been there recently, drop in -- the food is great!

BAH Fun-raiser in Kailua

Cisco's Cantina in Kailua and the band Shakadown Street are putting on a private party to benefit Beach Access Hawaii, Saturday, Feb. 23, from 9:30 PM until midnight. Deadheads and Beach-heads unite!

We'll also be taking orders for Ben Mon's custom-made "Free Beach Access" and "No Gates" t-shirts that folks were wearing at the Groundhog Day rally -- see photos of his shirts on our Flickr link (right hand side of page - scroll down). Even if you can't make it this Saturday night, stop in for drinks and ono grinds at Cisco's when you're in Kailua Town! For more info, visit their web site at www.ciscoscantina.com.

One gate at a time...

Our long term goal is to have the State and counties enact stronger laws to improve public beach access. But short term, we're hoping that our neighbors on private and public streets with gates will voluntarily follow the lead of homeowners on Kai Nani Place in Kailua, who are leaving their gate unlocked.

We owe our sincere thanks to them and Rep. Cynthia Thielen, who lives on that street, for doing what they believe is the right thing for our community. Now it's up to us to show them we respect their concerns by helping keep that street free of litter, noise and vandalism. If you see anyone abusing the courtesy they have extended to us, please report it immediately and notify the residents.

Let's set an example for the other gated road homeowners that a little aloha goes a long way! Mahalo to our friends on Kai Nani. One gate is open... but many more remain locked all over the island.

Submit Your Testimony!

We have hearings on at least three bills scheduled for Friday, Feb. 15, beginning at 2:45 pm in Room 414 of the State Capitol Building. (415 South Beretania Street)

View the full text of SB 2835 and SB 3189 and SB 2836.
Please make your voices heard and votes count by preparing and submitting timely testimony by Thursday at the latest. If you can attend the hearing, do so. The committee members appreciate personal appearances, so they can obtain answers to questions generated by your written testimony.

Please download the Flyer for reference points in your testimony and read the other posts on this page. (Link has been updated to the correct file on Feb 14, noon HST.)

COMMITTEE ON WATER AND LAND
Senator Clayton Hee, Chair | Senator Russell S. Kokubun, Vice Chair

SB 2835 - RELATING TO PUBLIC ACCESS.
Requires state and county agencies to ensure that a public right-of-way is available prior to the approval of any development project, subdivision, or zoning change. Modifies definitions of "public recreational area."

SB 2836 - RELATING TO PUBLIC ACCESS.
Modifies definitions of "public recreational area" and the offense of obstructing access to public property; defines "public right-of-way."

SB 3189 - RELATING TO PUBLIC ACCESS.
Requires owners of privately owned shoreline access paths to keep access to the shoreline open to the public, at minimum, from 7:00 am to 6:00 pm.

Submit testimony in one of the following ways at least 24 hours prior to the hearing:
- In person: 1 copy of their testimony to the committee clerk, Room 228, State Capitol.
- By fax: Testimony may be faxed if less than 5 pages in length, to the Senate Sergeant-At-Arms Office at 586-6659 or 1-800-586-6659 (toll free for neighbor islands), at least 24 hours prior to the hearing. When faxing, please indicate to which committee the testimony is being submitted and the date and time of the hearing.
- By Email: Testimony may be emailed if less than 5 pages in length, to the Legislature's Public Access Room at testimony@capitol.hawaii.gov. Please indicate to which committee (Committee on Water and Land) the testimony is being submitted and the date and time of the hearing. Email sent to individual offices or any other Senate office will not be accepted.

A Whirlwind Week of Action...

As reported in our weekly email update, lots happening in the aftermath of the Groundhog Day rallies: one gate has been voluntarily opened by homeowners on a private beachside lane in Kailua... the hidden 911 beach access sign we alerted the press to, has been moved by the City... and the State Legislature has scheduled hearings on at least three bills related to public beach access.

Also, on Sat., Feb. 9, State Sen. Clayton Hee held a press conference in conjunction with the newly-formed Ko'olauloa-North Shore Alliance, which includes many of the same groups that united for G-Day 2008, to present bills calling for the acquisition of undeveloped land around the Turtle Bay Resort and Ka Iwi coastline.

Preserving open space is an integral part of protecting shoreline access for the people of Hawaii. Beach Access Hawaii is proud to be part of the new alliance, and we'll keep you posted on those proposals as well.

The hearing on Sen. Gary Hooser's bills will be on Fri., Feb. 15, 2:45 PM at the State Capitol building. SB283 requires state and county agencies to ensure that a public right-of-way is available prior to the approval of ANY development project, subdivision, or zoning change. This also applies to residential construction work on beachfront homes.

We're still pushing hard for a hearing on Rep. Lyla Berg's bill that would mandate public rights-of-way for every quarter mile of beach on all islands. Stay tuned for breaking news on that and other bills we're tracking!

Groundhog Day Rallies a Huge Success

It was full-on winter today, with cloudy skies, rain, and cold windy weather. But that didn't stop our supporters from turning out in droves! Check out these links for G-Day coverage around the entire state:

Kahea Foundation's Blog

KHNL News Coverage
"In 1995 the Hawaii Supreme Court ruled native Hawaiians have "gathering and cultural rights on private property" in Public Access Shore Hawaii (PASH) vs. Hawaii County Planning Commission. The high court added, "Hawaiian custom and usage have always been a part of the laws of this state."

KGMB News Coverage
"Members of 20 grassroots organizations held beach access rallies across the state today." Video coverage provided here.

KHON News Coverage
"Members of 20 grassroots organizations held beach access rallies across the state today."

Honolulu Advertiser article by William Cole
"Although Beach Access Hawai'i said the state Supreme Court repeatedly has upheld the public's right to use beaches, getting to them has gotten increasingly complicated."

Star-Bulletin Editorial in Favor of More Action to Save Beach Access
"By and large, staving off further erosion has become the work of citizens and organizations who have learned the ins and outs of laws and regulations, petitioned government, gone to court or just stood, holding signs along roads and at harbors, as they did in rallies across the state yesterday."

See Photos at Flickr (And add us a contact please!)

Saturday, Feb 2 - Join Us Here!

The Beach Access Day is almost here! Here's what you can do to participate:
• Join the Trolley Tour in Honolulu to promote our message of greater beach access for Hawaii. Email Rich to get onboard.
• Attend a sign-waving rally along various beach access points all across the state. See the complete list here.
• Download a petition and gather signatures in your neighborhood. Contact Roxanne to turn in your petitions.
• Download a poster to put up in your business and/or neighborhood.
• Download a Fact Sheet about Beach Access in Hawaii.
• Sign our online petition to save Beach Access in Hawaii.
• Take pictures of gates and blocked beach access in your neighborhood. Email Rich with the pictures and include the exact location. We're building a collection!
• Thank the many local companies who support the "save beach access" activities! They are listed in the right column (scroll down) and more joining us every day!
• Read the GREAT ARTICLE in Friday's Star-Bulletin. Mahalo nui Gary T. Kubota and Robert Shikina. (Send them an email too!)
• Read the Letter of Support from Rep. Lyla Berg (PDF)


Beach Walk 580 - Preserve Beach Access Hawaii

Groundhog Day Rally: Be There!

Lee Cataluna did a column about it in Sunday's Advertiser (Jan. 20)... The Star-Bulletin has contacted us and is working on a major story about beach access... We now have confirmed rallies on Oahu, Maui, Kauai and the Big Island!

It's been like a tsunami -- started with a small ripple, and has been building for the past month: first Beach Access Hawaii, Surfrider and Kahea, along with folks in East Oahu and the Windward Ahupua'a Alliance, then the Defend Oahu Coalition, Keep the North Shore Country, Common Ground, and others joined us from all over the islands. Saturday, Feb. 2 -- "G-Day" -- it all comes together. And we are stoked!

Good Idea, Bad Reporting

As dutifully reported by the Advertiser and Star-Bulletin, the City put up numbered yellow 911 signs on public beach accesses to aid first responders. Good idea -- except the press and TV news media failed to note that there are only 87 public rights of way for the entire island of Oahu, which has over two hundred miles of coastline!

More importantly, the need for these 911 signs underscores the public safety issue we've been raising: locked gates on private lanes could mean the difference between life and death in ocean emergencies. Those nice, new 911 signs? Sorry, but they're nowhere in sight for long stretches of Kailua Beach because some the public accesses are over a half-mile apart!

And look at the photo above of Sign #89A at the access next to Kailuana Loop. On the left side you can see the back of the yellow 911 sign... which they put behind bushes, trees and a sand dune, several yards back from the beach. Great job! Don't they have any common sense? Hello? Stand on the beach and look back before you install the sign!

Help Us Promote Groundhog Day!

All over Oahu, and on other islands, groups are emailing and printing flyers to publicize our statewide public beach access rallies on Sat., Feb. 2. Please take a few minutes to print out copies of the G-Day flyer and hand them out to friends and neighbors. If everyone on our BAH list just got 5 to 10 people to join us that day, we'll have a thousand signs telling the public -- and our elected officials -- that NOW is the time to take action to acquire more public rights of way!

Check back the week of the rally for date, time and location of the sign-making party we're planning. Until then, here are some flyers - you can make copies to distribute. Mahalo!

2-Page Info Sheet prepared by Kahea Fdn (PDF; 1.1 MB)
Color Flyer for Feb 2 Event (PDF; 456 KB)
Groundhog Flyer-Color (PDF: 188 KB)
Groundhog Flyer B&W
Petition Form - Print these and walk your neighborhood!

Check It Out: Other Web Sites Spreading the News!

Thanks to alliances we've forged to promote the statewide beach access rally on Groundhog Day, other groups are posting Kailua Gate photos (and East Oahu pictures too) to share with their members.

Please visit the Surfrider site.

And while you're there, take a moment to read this update about surfers fighting to keep free parking at Ala Moana Bowls:
http://www.surfrider.org/oahu/groundhogday.html

For more info, go to the Dec. 10 post and article links for more information about the controversy over the DLNR proposal that would affect parking at Ala Wai harbor. It's just one more example of how free and easy access to our shorelines and beaches is disappearing all over the island...

Petition Online

In conjunction with the Ground Hog Day protest, we're mounting a statewide petition drive to put pressure on the counties and State legislature to ensure public beach access at minimum intervals of every quarter mile of beach.

Even if we can't change the laws right away, we'll be able to show there is widespread support for our cause, and that might prod our elected officials to take action. You can sign the petition online by going to:

Beach Access Online Petition (Opens in a new window)

Better yet, you can download the pdf file below for a hard copy of the petition form, and help us by collecting signatures on your block. If everyone gets just 10 signatures on their street, we'll have thousands of names to show our officials on 2/2! (Please remember to only sign once though.)

BAH Petition (PDF File)

Please contact Roxanne Darling if you would like to help out. She's coordinating both the online and face-to-face petitions, and can be reached via email at: roxanne@barefeetstudios.com

Also, check out her thoughtful and relaxing video musings at Beach Walks with Rox. (Opens in a new window)

Mahalo to Roxanne -- and all of you -- for your involvement and support!

PayPal Link Now Online

Thanks to the Windward Ahupua'a Alliance, an officially recognized 501c nonprofit group, you can now make tax deductible donations to Beach Access Hawaii online at:

http://www.waa-hawaii.org

You'll see the PayPal link for contributions under the text about BAH. It would have taken us months to get official nonprofit status, so we owe a big mahalo to Jim and Shannon Wood at WAA, which has done terrific volunteer work for Hawaii!

Every little bit helps -- $5, $10, $20 -- whatever you can afford. The question is, how much is "free" public beach access worth to you? Your donations WILL make a difference!