Hawaii has an Open Beach Access law that provides the public access to “all” Hawaii beaches. But over the years different land owners have done their best to make it very hard for Hawaii residents to get to some of the premium beach locations.My family and I have tried no less than 10 times over the past month to get to the public beach at the private resort, Ko Olina. In order to gain entry, you show ID to the resort gate sentry and then proceed to the highly-limited public parking area. But we have repeatedly been turned away at the gate the last two months. On Sunday, I pulled off the road from the entrance and watched as Ko Olina Resort security turned away 23 cars in a row.
Something is really amiss at Ko Olina. While I know the beach is popular, it makes me wonder if they do not have an internal policy that is meant to discourage the public from going there. You used to be able to at least "scout" the parking lot and wait in your car until someone left. But they are not even allowing this. Plus, with the number of signs warning people they will be towed if they park any place but the designated public parking spots, it shows they mean to play hard ball with locals. If they really cared about the public, they would have allocated more parking.
As a resident of Hawaii, I feel my rights are being violated and that the Ko Olina resort has some explaining to do.
Even sadder, most of the public beaches in the Kapolei area have been overrun by homeless people. Personally speaking, it's pretty sad when I do not feel it's safe to take my family to some of the other beaches in Hawaii that are not located on private resorts.
EDITOR'S NOTE: Ko Olina gets away with this because they do provide public beach access -- however, it's limited to eight parking stalls per lagoon! Guards have routinely turned back locals even when there was plenty of open "non-public" parking spaces available. Nice of 'em, eh?
When the Disney Resort opens out there, will they have more than eight parking stalls for public beach access? Anyone who goes to the beach at Ko Olina should contact their Neighborhood Board and City Council reps in that district to make sure more spaces are alloted for locals and residents! - Rich Figel (richfigel@gmail.com)
6 comments:
The law requires access to the Original shoreline. At KoOlina that was a very rough rocky ledge with NO beach, limited access. and you can still get access to the orignal shore line if you want it.
The Lagoons are all man made for the resort exclusively for the resort and not considered part of a real beach. Ko Olina does not have to let anyone outside access to the lagoons since they would be considered private areas for the residents and guests of Ko Olina Resort (who all pay to live there, if you want access then buy a place there). Why does some people feel that they should have a right to access something else that some one spends hundreds of millions to develop?
You do not need a special pass to get in...only get there early enough, once it is filled they begin to turn away people. The resort is not a public place and if they wanted to they could block anyone out. Instead they allow the public in and control it....we do not need another Waikiki. They control the numbers of people to keep the facilities decent for those that PAID to live there...and even in Hawaii there is a cost to do that...there are so many other beaches open to the public why not go there? They are truely public beaches...the problem there is that there are not the facilities or the creature comforts located at Ko Olina as part of its development.
If Ko Olina did open them to the public with out restrictions can you imagine how trashed they would become? There are limits on how many people they can accomodate and Ko Olina by managing the numbers of people will ensure that the lagoons become more vibrant with life. Just look at Haunama Bay where they have to cut the hours and days so it can recover.
As the law states: "the public as a right of access to and along ALL (whether developed or natural) beaches and shorlines in the State situated 'below the upper reaches of the wash of the waves...(HRS 115-4 & 115-5) (i)If private homeowners are obstructing existing public rights-of-way to the shoreline, HRS Sec. 115-9
provides a remedy and up to a $2000 penalty for that kind of situation. In other words. those poeple who supposedly "PAID" for thier beachfront homes MUST provide a public access and are advised to leave gates unlocked etc. for that purpose. They baught the property KNOWING or SHOULD HAVE KNOWN of the prevailing statues regarding their purchase. Don't like it? Move back to the mainland and pay another couple $mil. for beach property. Incidentally, there is NO time when private enterprise may hinder access. The only agency that may do that is the State's conservation bureau and must designate the area as an official conservation site (such as Hanauma Bay). Also, the public right-of-way regarding the shoreline in the rocky area is defined as 6 feet of "safe passage" from the rocks. I also believe that this means if Ko'Olina did NOT develop the area, the public right of way would have extended up to the train tracks.
Lastly I would like to pose this question: if there were no regulations regarding the access to public lands, would Hawai'i still be Hawai'i? Or would it be taken over by foreign conglomerates leaving NO recourse for the common man (meaning those who actually WORK for a living) to enjoy his own home? Hawai'i belongs to EVERYONE not just the Rich and politically connected.
Oh Yeah... [§115-9] Obstructing access to public property; penalty. (a) A person commits the offense of
obstructing access to public property if the person, by action or by having installed a physical
impediment, intentionally prevents a member of the public from traversing:
(1) A public right-of-way;
(2) A transit area; or
(3) A public transit corridor;
and thereby obstructs access to the sea, the shoreline, or any inland public recreational area.
(b) Physical impediments that may prevent traversing include but are not limited to the following:
(1) Gates;
(2) Fences;
(3) Walls;
(4) Constructed barriers;
(5) Rubbish;
(6) Security guards; and
(7) Guard dogs or animals.
(c) Obstructing access to public property is a misdemeanor.
(d) Minimum fines for violation under this section shall be as follows:
(1) $1,000 for a second conviction; and
(2) $2,000 for any conviction after a second conviction.
(e) As used in this section:
"Person" means a natural person or a legal entity.
"Public recreational area" means public lands or bodies of water opened to the public for recreational use.
[L 2004, c 169, §2]
The secret beach is a public beach, shoreline and natural and not made for Koolina. there is no restroom to be maintained by koolina..
I think, they block access during weddings to give way to guests which I think is not fair... I went there one time during wedding time... I was not allowed to go in... After, few minutes, when the ceremony started, they were not so strict.
Why go ko olina? it is close to my house and safe for the kids... I love secret beach compared to the lagoons...
too bad damianz666 never visited secret beach yet.
I am kama'aina in Hawaii and live in Ewa Beach. I took a friend of mine to Ko Olina lagoons. While we found a handicap parking spot, we were still harassed by the guard because I use an umbrella to protect me from UVB since I have melanoma. Even though I have doctors orders they still told us to leave because of my umbrella. I have never been treated this way on any beach in Hawaii and I'd like to see the law that allows them to push us off a public access beach. I suggest visitors should vote with their feet and pick another destination resort rather than this fascist organization.
damianz666,
I will not even address the absurdity of your comment as NakaEnt did a much better job that I could. I do however wonder why you discourage residents from visiting Ko Olina yet on another site you ask tourists to come. In fact, you state, and I quote "I have NEVER seen the beach crowded even on the weekends."
http://www.tripadvisor.ie/ShowTopic-g60654-i998-k2264303-Ko_Olina_Beach_Villas_reviews-Kapolei_Oahu_Hawaii.html
Seems like they try to privatize the road ways as well, so cannot do the loop around back to the freeway. IDK if it actually a private road or paid public, but they have a sign there now "Authorized Vehicles Only" and their golf cart crews guarding the area. Have your golf courses, private parking and private roads, but NOT on the Public dime or under "Not for profit" status. Everything cannot be private property, especially the beaches. Otherwise this becomes a Corporate Island with slaves to do their bidding. Already the Equity Funds are buying up all the housing for tax shelters and rental income, plus the AirBNB. Tax Payers are being screwed.
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