Beach Access Hawaii

Back from Australia...

2012-02-08T10:01:00.002-10:00

During my two-week vacation trip to Australia, which I blogged about in the Honolulu Star-Advertiser (click for link) and my Career Changers TV-related site, Squashed Gecko, I received two emails that show beach access is still a confusing problem in Hawaii.

The first email came from June Watanabe, the long-time Kokua Line columnist for the daily newspaper here:

Someone sent me a question about beach access, as follows: Is there a way to find a map or list of all the beach access sites on Oahu or at least the North Shore? I recently was going to check out a fishing site I've been to a couple of years ago and found that the path I used before was blocked and had a sign that basically said that it was private property and not to trespass. This path is in between two homes with fences on each side; so, I found it hard to believe that it was not a public beach access point especially since there weren't any access points due to all the homes on this street.

I've asked the city Department of Planning and Permitting if it has anything but haven't yet gotten a response. However, I recall someone saying a few years ago that there was no such map or information.

The answer is yes, there has to be a list because the city/county unveiled a 911 emergency locator sign system a couple of years ago that was linked to the 80-some public beach rights of way on Oahu. Each sign was posted near the access with an assigned number. I'm also sure the Dept. of Land and Natural Resources has a map of the public accesses as well.

However, June tried contacting both the county and state to get the official info from them... and all she got was a runaround. A month later, she's still waiting for answers. Welcome to the world of government bureaucracy and inefficiency! I've said repeatedly the main problem is the split jurisdiction of shoreline management between the state and the counties, which uses the high water mark (or vegetation line -- it's confusing) as the line of demarcation. So neither takes responsibility for providing info to the public on things like beach access.

I also suggested June contact NOAA because I knew they have been working on a project to survey and catalog the public shoreline access points throughout Oahu. Ostensibly, it was meant to be a tool for fishermen and boaters, I believe. But they soon realized that others could benefit from their project since no such map was readily available to the general public. June says NOAA is nearing completion and will let us know when that survey and map are posted online.

As to the reader's question about the path being between two homes with fences on both sides and no other access points on that street... well, THAT is the problem throughout the islands! What he encountered is hardly new or unusual. Usually, that strip is an easement on "private" property owned by an association or the people who are flanking that piece of land. It can even connect with a public street and still be considered "private" property.

The other email I received while I was Down Under came from Scott Werny, former co-chair of the Oahu Surfrider Foundation, who was instrumental in launching Beach Access Hawaii as well. He forwarded this message and asked if I could clarify the situation:

Aloha,
This morning my family and I were told to move from the area of the beach by a Turtle Bay employee. He claimed it was "the law" and when asked if it was a public beach, he stated only to the water mark. I escalated the issue to clarify where the water mark was & where the public beach began. So far the water line is vague. It would seem logical that if Turtle Bay makes people move, they should clearly point to where the public area is.

Reviewing the Hawaii Supreme Court 2006 decision, it appears the vegetation line (more mauka) is preferred over competing debris line. This point was not acknowledged, and a 2001 date was referred to by the security director. 2001 predates the 2006 decision, and would be void.

All I'm really trying to determine is where the public has a right to be without being hassled. Would you know who I should contact?

Sincerely,
Jeanne Roberts

First, it really sucks a Turtle Bay Resort employee would ask them to leave unless they were bothering someone. Not good PR. Technically, he was wrong anyway. It's not the visible water mark, as far as I know. It's based on the high water line I believe. Regardless, the bottom line is Hawaii's beaches are open to the public... however, he could have challenged them on access to that beach if they had to cross private property to reach it.

My advice to Jeanne and others in the North Shore area who encounter this kind of attitude at Turtle Bay is to tell others of their negative experiences at the resort, and spread negative publicity about the Turtle Bay Resort. Hurt them in the wallet and they might try to be a little nicer to local folks!

On the 12th Day of Gate-Mas...

2011-12-25T09:05:00.000-10:00

One street in Kailua opened their gate to neighbors and visitors. State Rep. Cynthia Thielen, who lives on a "private" beachside lane that has a gate on its beach path, talked it over with other residents on that block and decided to leave it unlocked. Mind you, Cynthia is no bleeding heart liberal. She's a lifelong Republican and staunch conservative on private property issues. But she also believes in the spirit of aloha -- and she agrees that the beaches of Hawaii belong to everyone.

After they unlocked the gate, I heard from a Beach Access Hawaii member that a resident on that lane saw visitors walking back from the beach... and actually invited those strangers into their home. The folks who live on Rep. Thielen's street not only opened the gate. They opened their hearts.

Mele Kalikimaka!

On the 11th Day of Gate-Mas...

2011-12-24T16:17:00.002-10:00

Pictured above is the infamous Green Monster that was put up on L'Orange Place in Kailua a little over four years ago. Only one couple on that block opposed it: Bob and Trudy Moncrief, who are on the left side of the photo. Sadly, Bob passed away last year while that gate remained locked, keeping out neighbors, fishermen and visitors. He said it went against the spirit of aloha, and for speaking out publicly against the gate, the Moncriefs were ostracized by the other L'Orange homeowners (some are mainland people who care little about Hawaii's customs or traditions).

The silver lining though was it brought Kailua residents together. On the night of the first Neighborhood Board meeting at which the L'Orange gate was discussed, Bob stood up and said he lived on that street... and he was adamantly against it. Before he sat down, someone asked me to get a list of names and email addresses so we could organize our own meeting. There were eleven of us that signed up that night.

Within a couple of months, our list grew to over two hundred and Beach Access Hawaii was born. From there we went on to form a statewide coalition that now includes thousands of supporters for our cause. Although the gate at L'Orange is still there, Bob and Trudy Moncrief continue to serve as inspiration for others who are fighting to protect public beach access throughout the islands.

Mele Kalikimaka, Bob! We miss you.

On the Tenth Day of Gate-mas...

2011-12-23T06:35:00.000-10:00

We found that owners of beachfront homes in Hawaii were purposely growing out naupaka and other vegetation to block access along shorelines and keep the public away from those areas. In 2009, thanks in part to our lobbying efforts, new legislation was passed to impose fines on property owners (see below for article in today's Honolulu Star-Advertiser about notices being sent to Kahala homeowners).

Below is a photo of someone in Kailua using sprinklers to grow out naupaka -- which is also a way for them to claim more beach land as their own property since the vegetation line is used as a boundary. You can see the sprinkler head in the middle of the picture.

And here's the article that ran in today's newspaper...

State coastal enforcement officials are cracking down on beachfront homeowners whose property landscapes encroach on public rights of way in Kahala and elsewhere. The state mailed notices this month to nine Kahala beachfront property owners, asking them to cut their vegetation within 21 days or face a fine of $1,000.

The homes are between Kahala Beach Park and the Hunakai Street public beach access lane. The fines could rise to $2,000 on a second notice and also be taken for further action to the state Board of Land and Natural Resources if the landowners fail to comply.

State officials said civil fines could be as high as $15,000, plus other costs including restoration. The public shoreline right of way is generally defined as extending seaward from a beach's high water mark, allowing people to walk along the shoreline.

A problem occurs when a property owner cultivates vegetation to encroach into the right of way. "Maintaining public access along the shoreline is important, and fortunately a law is in place to ensure the beaches are kept free of encroaching vegetation from coastal properties that block the public right of way," said William Aila Jr., director of the state Department of Land and Natural Resources.

Scotty Anderson, chairman of the Waialae-Kahala Neighborhood Board, has said that some landowners have grown vegetation so that plants extend into the public right of way. Kimberly Mills, staff planner with the state Office of Conservation and Coastal Lands, said the state has mailed similar notices this year to property owners in Portlock and Paiko Lagoon and to six property owners along Diamond Head, and that all have complied with the notices.

Mills said of the nine properties in Kahala, one has been cleared of encroaching vegetation, while representatives of the remaining eight have asked for extensions and indicated they will comply. Mills said the Kahala property owners have until Jan. 31 to comply. The reaction has been different from in 2008, when some landowners in Kahala did not comply with the state's requests, Mills said.

Legislators passed a law in 2009 reaffirming the state's authority to enforce the maintenance of "beach transit corridors" by prohibiting vegetation. Mills said state officials had to develop a civil resource violation system before they could move forward using the 2009 law.

On the NInth Day of Gate-mas...

2011-12-21T06:25:00.000-10:00

More than nine different organizations joined the Groundhog Day 2008 statewide rally for beach access: Surfrider (Oahu and Maui), KAHEA, Windward Ahupua'a Alliance, Hawaii Kai Hui, BEACH, Defend Oahu Coalition, Save Our Kakaako, Friends of Kewalo Basin and Beach Access Hawaii.

On the Eighth Day of Gate-mas...

2011-12-20T06:31:00.001-10:00

The Hawaii beach access movement spread from Kailua to more than eight different locations on Groundhog Day in 2008: the State Capitol, Kakaako, Ala Moana Bowls, East Oahu, Kailua, North Shore, the Big Island, and Maui... there was even a Surfrider rally in South Florida that was inspired by our G-Day event!

On the Seventh Day of Gate-mas...

2011-12-19T08:36:00.000-10:00

Seven sign-wavers (plus a few more) at an East Oahu rally awhile back. Keep the faith!

On the Sixth Day of Gate-mas...

2011-12-18T09:32:00.000-10:00

Our Kailua neighbors posted security guards to keep people off their "private" beach-side lanes, which they must do at least once a year for 24 hours to show the road isn't open to the public. Yet these same people make use of PUBLIC services such as trash pick-up and mail delivery on these very same roads. Odd how a road can be public and private at the same time, huh?

On the Fifth Day of Gate-mas...

2011-12-17T08:56:00.000-10:00

More KEEP OUT signs:

On the Fourth Day of Gate-mas...

2011-12-16T06:47:00.000-10:00

Aina Haina and Niu Beach on East Oahu wish you a Merry Gate-mas!

On the Third Day of Gate-mas...

2011-12-15T07:45:00.000-10:00

Here's three gates from East Oahu. Merry Christmas, Wailupe!

On the Second Day of Christmas...

2011-12-14T09:41:00.001-10:00

Our neighbors gated these Kailua beach paths:

The 12 Gates of Christmas

2011-12-13T14:50:00.000-10:00

The first gate put up in Kailua Beach was this one on Dune Circle. A founding member of Beach Access Hawaii told me her family lived there back in the 1960s and 70s, but decided to move after that gate went up over her parents' objections. It should be noted that when Kailua was first developed, all the beach lanes were open for neighbors to use.

But after Dune Circle homeowners erected this ugly monstrosity, it set off a chain reaction. As neighbors began using beach paths to the left and right of Dune Circle, residents on those roads followed suit with their own gates and "No Trespassing" signs. I don't think it was a coincidence that during the same time period many local owners were bought out by Mainland people, who didn't have the same attitude about sharing the ocean. They lacked aloha then, and lack it now.

Unfortunately, I have more than enough Kailua gates alone to fill up the 12 Gates of Christmas theme. I could even add "Gates of Christmas Past" since there are over 17 gated roads in Kailua at present. However, I intend to post a few gate pictures from East Oahu as well to share the joy of Christmas in Hawaii, where public beaches are becoming semi-private playgrounds for the rich and tourists!

Season's Gatings... er, Greetings!

2011-12-01T16:21:00.001-10:00

Well, another year gone and no progress on having the county or state government do something to prevent more gates from going up in Hawaii, like the one above in Kailua... which happens to be at the semi-private end where President Obama and his family stay during their Christmas vacations here. I voted for him and believe he's done a pretty good job, considering the mess he inherited from Bush. But it bothers me they chose that location, because there are no public rights of way for over a half-mile on that stretch of beach -- which makes it easy for the Secret Service to keep everyone else out. Heck, the people who live on those streets have been doing the same thing for years!

Anyhow, below is a little Christmas story I wrote awhile back that has nothing to do with beach access, but presents a different way of looking at "the gift of nothing." For instance, we haven't had another gate put up in Kailua since the Grinches on L'Orange Place erected their ugly green monstrosity, which ignited the beach access movement in Hawaii. So maybe that's good news.

I originally published this last year on my Squashed Gecko blog, which primarily deals with my struggles to make it as a screenwriter in the TV and movie biz...

My Obama Christmas Story for Kids

For my own amusement, over the years I’ve written little hand-made books for my nieces. Sasha and Ana were about the same ages as President Obama’s daughters, Malia Ann and Sasha, when I began the Uncle Monkey series of Christmas stories. It was also a form of therapy to deal with disappointment and frustration that my screenwriting career wasn’t going as planned.

In the books, Uncle Monkey is a grumpy, cynical chimpanzee writer of animal-centered tales that mirror current events in the human world. When President Obama and his family came to stay in Kailua — where I live — after the historic 2008 elections, the prolific primate was inspired to write “Empty Boxes,” which seems even more apropos this holiday season. Here is a shortened version, minus the art work…

PROLOGUE

“Can you tell us a Christmas story?” little Ana asked.
The chimp scratched his chin and nodded. “Hmm,” he hmmm’d. “Yes, I can, as President Obama would say. Actually, he would say, ‘Well, um, yes’… except it’s a sad tale that will leave you weeping with joy or laughing in sorrow. It’s about a character named Sandy Claws.”
“You mean Santa Claus, don’t you?” interrupted Sasha.
“No, Sandy Claws was a crab who lived in the ocean. But he liked to hang out on the beach too, where he would scavenge for odds and eggs –”
“You mean odds and ENDS,” Ana said.
“No, eggs — fish eggs and bird eggs, which he liked to eat for breakfast. Now stop trying to tell me what I mean and listen, or I will not continue!” Uncle Monkey snapped. In truth, he was cranky because he had a beginning for his fable about human greed, but he was still searching for a satisfying ending. He often told himself, It will all work out in the end. Yet all the troubles in the world never seemed to end! So how could things ever work out? This thought made him sad and depressed.
“Well,” he said, sounding a bit like the President. “I did, um, say it was a sad story… and… look, these are troubled times with enormous challenges facing crabs and sea life due to global warming –”
“AHEM, ” Ana interjected. “We want to hear a Christmas story, not a political speech!”
“Oh, okay,” sighed the grizzled old chimp. “Here is The Fishy Tails of Sandy Claws, The Crabby Crab of Christmas Beach, which was rejected by all the fish book publishers.”
“Did you try to sell it as a movie or TV show?” asked Sasha.
Uncle Monkey nodded yes. “My agent thought it would be perfect for Animal Planet Shell-o-vision, but they felt it was too depressing for kids. They thought Sandy Claws acted greedy and shelfish.”
“You mean selfish?” said Ana.
“No — shellfish! Ever since ‘Finding Nemo’ became a big hit, they only want fish stories. Not crab fables or shrimp tails. They’re prejudiced against shellfish. But I will tell you the story and you can judge for yourself if Sandy Claws was selfish.”
“I thought you said he was a shellfish,” Sasha noted.
“Yes, he is a shellfish. But I meant selfish this time… oh, never mind. Just read the darn story, okay?” he grumbled.

EMPTY BOXES by Uncle Monkey

Once upon a beach in Hawaii, there lived a cranky old crab who constantly complained about the litter and mess people left behind or threw in the ocean. It made him so mad that fish and “honu” (Hawaiian sea turtles) would ask if he had sand in his underpants, which might be irritating him. But since none of them wore underwear, this only made the crab even crabbier.

Christmas was the worst time of all for him. Sea birds and monk seals would mock the crab for the way he walked sideways. When he angrily raised his claws and snapped them at the birds, they laughed at him. “Ha! You couldn’t snip your way out of a wet paper bag with those weak little claws of yours,” taunted the birds.

Turning red with embarrassment, the crab retreated to his hole in the sand. Sandy Claws didn’t have many friends. Like many crabs, he was shy and at parties would not come out of his shell. And his habit of eating dead fish he found on the beach was a turn-off for live fish he wished to befriend.
The reason he disliked Christmas so much was that more humans would flock to his beach for the holidays, and many would toss their flower leis into the water or throw wrapping paper from their gifts on the sand. Sandy Claws had to pick up all the bows and ribbons these careless people threw out. But he was jealous too because no one ever gave him any gifts. All he ever got was the empty boxes people left behind.

Then one Christmas Eve, something remarkable happened. He noticed there were more humans than usual with cameras, all stopping and staring at a particular house near his hole in the sand. There were men in long pants, wearing dark sunglasses, talking into radios while standing around the house. Obviously a Very Important Person was visiting. But who could it be?

“Pssst… wanna know who it is? Do ya?” whispered a little birdie. “It’s the Obama!”
“What’s an Obama?” asked the crab.
“I dunno, but everyone is wearing shirts or carrying signs that say something about Obama,” the birdie replied.
“Well, whoever or whatever this Obama is, I hope he does something to clean up the ocean and beaches,” the cynical crab said.

As more people came and left, Sandy Claws saw that some were leaving gift-wrapped packages next to a palm tree by the Obama house. What could be in those boxes, and who were they for? “Maybe they’re for me!” thought the crab. Oh, he knew they were not meant for him, but he could not resist the temptation to pretend that these presents had his name on them.

And when he sneaked closer to the packages, what did his beady stalk eyes see, but the name Santa Claus on some labels. “Close enough,” said Sandy Claws as he began to drag the boxes back to his hole. Using his claws and smaller pincers, he carefully removed the ribbons and unwrapped each package. Then he took out the gifts and replaced them with wilted, soggy flower leis he found on the beach or other plastic junk he plucked out of the ocean. Some of the boxes he re-wrapped contained nothing at all except a little sand. After he put the bows and ribbons back on, he placed the packages next to the palm tree where they were originally left.

Sandy Claws looked at all the gifts he had taken: candy, cookies, Hawaiian goodies and also things for little girls such as dolls and toys. So it was clear this Obama had children. And Sandy Claws disliked children because they were always chasing after crabs like him or poking sticks into their holes in the sand.

“Ha! I’m glad Obama and his daughters will be getting trash and empty boxes for Christmas,” the crab muttered to himself. “Besides, why are people giving them more useless stuff when they obviously have so much already?” Which made Sandy stop to think about the gifts piled up around his humble hole. To fit in all the pilfered presents, he had to dig out more space. It was exhausting work to make room for things he didn’t really need.

Despite his constant grumbling, the cranky crab realized he didn’t have it so bad after all. He had eight good legs, plenty of garbage to eat, plus a beautiful beach he called home. “I should share my bounty with the honu, fish and dolphins. They’ll see that I may be a shellfish, but I am certainly not selfish!”

That evening, the men in long pants with the dark sunglasses (which they wore at night to make themselves look more mysterious) picked up the “re-gifted” packages and brought them into the big Obama house. Meanwhile, Sandy Claws put all his pilfered presents into a large mesh bag he had swiped from a kayak, and dragged it into the sea to deliver his gifts to less fortunate sea life.

“Ho-ho-ho! Merry Christmas to all my ocean friends,” he called out. Soon he was surrounded by curious dolphins, fish and honu. Even a couple of sharks cruised by to investigate what was happening. He opened the mesh bag and began to give presents to the smallest and youngest creatures. Unfortunately, all the candy and cookies had dissolved into a messy mixture.
“Nice,” snickered a sarcastic starfish. “Some gift!”

Undeterred, Sandy Claws gave a silver necklace with a silver flower charm on it it to a baby parrotfish…. who ate it by mistake. “That’s just great,” the angry parent parrotfish squawked. “Why don’t you just hand out sharp hooks to all the baby fish, huh?!”

“Sorry about that,” the crab said. “How about a doll then for your other baby fish?” However, as he pulled the cheaply-made doll from the mesh bag, his claw severed the plastic head. The monk seals and dolphins began to play an underwater version of soccer with the doll head. Sandy looked at the label on the doll’s body: MADE IN CHINA. “Tsk-tsk,” sighed an old honu. “That doll was probably made by underage kids who are forced to work for slave wages!”

Sandy Claws was very sad. He tried to do a good thing by sharing his gifts. But all he got in return was scorn and scoldings. This was his worst Christmas ever. As he turned sideways to crabwalk away, he heard a small soft voice call to him from the ocean floor… “Hey, Sandy,” the tiny starfish said.
“Yes?” he replied hopefully.
“YOU’RE NOT GONNA LEAVE ALL THIS CRAP HERE, ARE YOU?” yelled the angry starfish. The gifts that looked so nice and new when he first unwrapped them were just more useless junk and garbage — because, as the dolphins would say, they had no useful porpoise for these sea creatures.

*******

On Christmas morning, Sandy Claws woke up and decided he would return to being crabby since being generous did not work out very well for him. But as he walked home, over the sound of gentle waves breaking on the shoreline, he heard two young girls giggling with delight. It was coming from the big Obama house. “Oh, no! Those girls will be so disappointed when they open their presents and see they got garbage, or worse — nothing at all!” he blurted out to the little birdie pecking around in the sand next to his hole.

“Whatcha gonna do, Sandy? It’s too late to fix things now that you ruined their gifts… unless — nah, it’s too crazy,” the birdie said, his voice trailing off.
“What? Tell me!” the crab implored.
“You could make up for it by offering yourself as a gift to the Obama,” chirped the bird.
“Huh? You mean…” said Sandy, slowly getting the bird’s drift.
“Yeah. Crab salad. Self-sacrifice is what Christmas is all about, right?” the birdie noted.
“Maybe they don’t like crab meat though. In which case, it would be a wasted sacrifice,” said Sandy.

Depressed and dejected, the forlorn crab looked up and saw the entire Obama family was gathered outside in front of the house with their presents. He quickly scooted over the sand and rocks to get a closer look at the famous family. There was the President, his wife and two young daughters, all beaming with anticipation.

The father handed wrapped presents to his wife and girls. “These gifts are from the good people of Hawaii. I wonder what they gave us! Let’s open them, and, um… let’s see, shall we?” While he and Michelle carefully opened their packages, Malia and Sasha gleefully ripped open their gift boxes.
“Hey! There’s nothing in my package,” whined the older daughter.
“Mine is empty too,” frowned the younger sister.
The wife held up a wilted flower lei that was still dripping sea water. “It smells like wet dog,” she sniffed. The father held up his empty box. A few grains of sand and pieces of plastic junk fell out. He smiled though and took the wilted lei from his wife. Then he put it around his neck.
“Dad, are you crazy?” asked the younger daughter.
“I think the people who gave us these empty boxes are the ones who are crazy,” said the older sister. “Not just crazy, but mean too. Why would anyone wrap up boxes of nothing!”

Their father nodded thoughtfully, paused for a second as he looked out at the beautiful blue ocean and white sandy beach. “Well, girls… um… maybe someone less fortunate than us needed what was in those boxes, or wanted those things because they lack, um, something. So they took the things inside the boxes… and, um… they forgot that they could not take what the gift-givers intended to share with you — with our family. And that is the gift of love. What I see in this empty box is Hope and Love.”
Sandy Claws’ eyes welled up with tears. But as he tried to wipe them with his big claw, he nearly cut his eye stalk off. He sniffled and turned to the little birdie. “The Obama understands the true meaning of Christmas. Sometimes the best gift is… nothing!”

Then they heard loud laughter — it was the father and mother, who were consoling the crying girls. “Nah! Just kidding. Your mother and I got you real presents that are inside. You think we’d give you nothing for Christmas?” the father chuckled. The sisters wiped their tears off and smiled. Their father sniffed the soggy lei and made a face. “I bet some crabby old McCain-Palin supporters left us those packages. At least we can be thankful it wasn’t a bomb.”
So Sandy Claws was right after all. Sometimes an empty box is the best gift.

THE END
*********

Ana and Sasha looked at each other. “That’s a terrible Christmas story, Uncle Monkey!” said Sasha. Ana agreed: “Nobody would give a bomb for a Christmas present!”
“Ah, but they could. That’s the point of my story. Things can always be worse than they are,” the chimp replied. “So, a box full of nothing can be better than a box that has useless stuff in it… or worse, BAD things in it.”

Mele Kalikimaka! May all your empty boxes be filled with good memories and room for better things to come.

Blog Changes

2011-10-11T14:19:00.001-10:00

The original www.BeachAccessHawaii.org site is no more, now that the domain registration has expired. I'm sorry to say I don't know if the BAH cause is dead as well. I know people care, but unless someone wants to pick up the ball and run with it, the issue will fade away because I can't continue to do it alone.

Eg., this blog. While attending to my full-time job as producer of a local TV show for OC16 (www.CareerChangers.TV) and blogging for the Honolulu Star-Advertiser, I've been remiss in updating the BAH blog. When I returned, lo and behold, Blogger had changed the customized settings... so I had to convert the plain text to this generic template, which is temporary. If anyone would like to take over the BAH blog maintenance and update duties, please contact me.

But this blog is the least of my worries. The biggest problem is the lack of political will to do anything to protect public beach access. County officials say go bug State legislators or the DLNR. State officials say it's not their problem because anything above the high water mark along shorelines is in the county's domain.Until someone dies due to a locked gate, or a lawsuit is brought against homeowners who deny access through a beach right of away on "private" property, nothing is going to change in Hawaii. More gates will continue to be put up, forcing even more locals to get in their cars and drive to beach parking lots instead of just walking across the street. That will lead to more cars parking on side streets when the lots are full, creating more problems for residents -- all because their wealthier neighbors will not share their beach paths with others.

It's no coincidence that across the country thousands and thousands of people are rising up against the the Greediest Generation, symbolized by Wall Street and politicians who bend over backwards to give out tax breaks to the rich. Fox News keeps calling them the "job creators," yet after more than eight years of Bush tax cuts for those so-called job creators, where are the jobs? You know where their tax savings are going? Yep, they're buying up beachfront properties, renting some of them out as "corporate retreats" or bed and breakfast operations, putting up locked gates and telling longtime residents to go screw themselves.

But here's the thing: no matter how much money they have or how much property they acquire, they are going to die some day. And when they are nothing more than bones or ashes, what we'll remember about those people who locked out their neighbors, is... well, nothing. We'll remember those who showed aloha and welcomed neighbors, instead of treating them like scary boogeymen.

Guest Blogger: Kauai Beach Access

2011-08-11T07:05:00.006-10:00

Mahalo to Richard Spacer on Kauai for sending this commentary on the situation at Lepeuli -- more commonly known as Larsen's Beach -- and what he's trying to do about it. Please visit the website Free Larsen's Beach at the link to find out more about this issue.

From: Richard Spacer, Kauai

Aloha readers concerned about beach access. Over on Kauai we have problems too.

A lateral, coastal trail was fenced off with four foot high barbed wire fence on May 21, 2011 in the ahupua'a of Lepeuli, Kauai. This ahupua'a is entirely owned by Waioli Corporation, a non-profit that also owns historic missionary property in Hanalei, Kauai and a museum named Grove Farm, in Lihue, Kauai. Waioli has leased this Lepeuli property to a beef cattle rancher named Bruce Laymon, who has a business called Paradise Ranch at Lepeuli. The Lepeuli Tax Map Key (TMK) is (4)-5-1-003:003.

Many in the community, especially Native Hawaiians, believe this trail is a segment of an ancient, historic ala loa trail, a public trust feature, that circled each of the islands. HRS 264-1, which incorporated The Highways Act of 1892, should by law mean this trail must be public and open.

This trail has been used forever, most recently by the public to access Lepeuli Beach, also known as Larsen's Beach. There are three trails to this beach, and the one fenced off is the only safe, gradual trail that allows access for almost all users, people with small children, the elderly, etc. Mothers previously could access this beach on the lateral trail with a baby carriage or stroller. No longer.

The other two trails are steep, liability-laden trails owned by the county. One trail was sold to the County of Kauai in 1979 and at some point thereafter the county neglected the trail and allowed it to be overgrown with trees and other vegetation. It was fenced off! A public, county right-of-way fenced off. How is that even possible? Upon the request of members of the community, the fencing was removed from the entrance to this trail last year and it was surveyed. But the county to this day in an act of nonfeasance has not defined and improved the trail for public access. No duty of care here.

Incorrectly thinking it would solve the problem above, Waioli Corporation leased another, even steeper grade trail to the county in the immediate vicinity in 2010. In the legal document describing the easement signed by representatives of Waioli Corporation and Kauai County, the right is retained, among other things, to wall or fence off this 2010 trail!

I filed a petition dated April 18, 2011 with the County of Kauai Planning Commission to revoke the Special Management Area Minor Permit SMA-(M)-2009-6 of Paradise Ranch, issued September 1, 2009, for violating Condition 6 of said SMA permit. Paradise Ranch has authority to do fencing in the Agricultural District under this county permit, but NOT to block the lateral coastal trail. Condition 6 says:

"The location of the fence is subject to approval by the DLNR and Na Ala Hele to ensure
public access to and along the lateral coastal trail. Provide the department a location map as approved by those agencies prior to installation of the fence."

Instead, the lateral coastal trail is blocked by fencing, and neither DLNR or Na Ala Hele approved the location of the fence, according to a June 27, 2011 memo by William Aila, Jr., Chairperson of DLNR.

I also requested the Planning Commission to order the fencing removed and levy fines.

Additionally, a significant portion of the fencing, including that fencing blocking the lateral coastal trail, lies within the state Conservation District. In this part of Kauai, the state Land Use Commission says the boundary of the Conservation District lies 300 feet mauka of the certified shoreline. Paradise Ranch DID have a state Conservation District Use Permit (CDUP), but surrendered it in January 2011 due to mounting legal costs and pressure from those of us opposing this project. Consequently, that part of the fencing inside the Conservation District is illegal, and Paradise Ranch is potentially liable for fines of up to $15,000. per day levied by DLNR. $15,000. per day starting from May 21, 2011.

Paradise Ranch had received approval for $73,500. in federal Environmental Quality Incentive Program (EQIP) dollars (your tax dollars) to fund the fencing that keeps the public off the lateral coastal trail. This program is administered by the Natural Resources Conservation Service (NRCS), a part of the US Department of Agriculture. They have a regional office in the federal building at 300 Ala Moana Blvd. Paradise Ranch denied in their state and county permit applications that there was an archaeological feature on the property near the beach. When NRCS learned about this, they cut the funding. They don't fund projects with cultural resources on the property.

Richard Spacer
Kauai

More Ko Olina Complaints

2011-08-02T13:00:00.003-10:00

Recently, my wife played tourist guide to Mainland visitors who were staying with a relative near the Ko Olina resorts. So they decided to go to the beach at the lagoon... I mean, they tried to, anyway. As is often the case these days, they were told at the security check-point that there was "no parking" available. Yet there were plenty of open spaces. What he meant was there were no PUBLIC parking spaces left, because there aren't many allocated for Hawaii residents or visitors to begin with.

Coincidentally, I received another email (posted below) around the same time in which a resident details her experience with the lovely people at the Ko Olina resorts. She asked what could be done, since this seems to be a public beach access issue. The answer is, not much. Whoever agreed to the original resort plans is the one at fault -- zoning is in the county's domain, so we can't blame the State for not requiring more public parking spaces.

However, I do believe residents in that area can make it a public relations issue. With Disney opening their Aulani Resort at the end of August, this would be a great time to stage a beach access rally right in front of the security check points. We all know how Disney wants to be perceived as family-friendly and good neighbors, right? I don't think they'd like to be portrayed as part of the Ko Olina resorts "gated community" mentality that presently exists.

In fact, Disney execs at Aulani have been saying they want their guests to enjoy a truly authentic "Hawaiian" cultural experience... I guess they mean Disney-hired Hawaiians only, since Ko Olina is turning away real Hawaiians and kama'aina who live here. Anyway, here's the email I was talking about:

From: Carolyn Golojuch
To: undisclosed-recipients:;
Sent: Mon, Jul 25, 2011 9:08 pm
Subject: Ko`Olina violates public access to the shoreline

Life is a beach

One day in the summer of 2011, I drove to Ko`Olina to spend some time walking and reading on the beach. But the powers of the beach had other ideas. We live in Hawaii but unless you’re able to pay $1M+ for a home, rental or hotel, the right of way to the shoreline means nothing.

At Ko`Olina, all the lagoons are part of the problem for the average Josephine Public. On July 25, 2011, all the lagoons were roped off even though plenty parking places were vacant. I finally drove to the last one lagoon that has a huge empty lot along with the largest paved parking lot at the lagoons. There were about three parking lot attendants guarding both the paved and dirt parking areas at the entrance. The parking lot attendants said that there were no parking spaces available. I could see all the parking open in the dirt area, to no avail.

When I spoke to the lead guard (he had been pointed out by the first parking lot attendant as the supervisor, he said the over flow was ‘at the limit for the day’ of allowed parking. ) What did this mean? I’ve been at $150+ functions and there were hundreds more ‘allowed’ parking. To me, this is just a way to violate the public’s right to the shoreline.

After being told to drive away, I told the parking attendant that this was all about keeping the locals away from the beach. The parking lot attendant asked if I knew he was local. I replied that is sad that the big guys hire locals to keep locals out. Where is the fairness, not to mention the 'aloha?'

After driving back to the entrance of the paved parking, I was told I couldn’t stop and wait for an open parking lot even though I would see a car driving out occasionally. At one point when I was told that I had to move on, I saw a couple get in a black car and drive off while I was told that I couldn’t park. I drove around and asked if I couldn’t have access to take the place of a car that I just saw drive out of the dirt parking. The ‘supervisor’ asked which car? I said it was a black car and he said, ‘oh, that car, we already told another car to go in.’ At this point, I knew they were playing games with me. It’s called Russian Roulette or keep the public out? Auwe!

Finally I drove away and turned right to find a place to park while I phoned Honolulu City and County Complaints Department. The young man said he would call back. The Department of Natural Lands and Resources called back. I had found a place under a tree, put my blinkers on while talking to them. They told of a ‘pack’/agreement that allowed the owners to control the parking situation. Bottom line, the shoreline was there before the high rises, big money hotels and time shares. That’s when the public had access to the shoreline.

As I was parked, I saw three police cars drive up: two white squad cars and an unmarked dark van type with lights on the roof. I pulled out and turned around at the next open area. That’s when the sirens went on and I was pulled over. The two squad cars parked behind me and the other drove on. Then the ‘supervisor’ from the parking lot drove on the median and parked. The two ‘parking lot’ attendants started to walk over while I was getting out my license and other vehicle identification material. Wow!

This is when the police said that the parking lot attendants wanted to file a one-year restraining order against me that would keep me off the Ko`Olina property. The police officer said that I could drive away and come back another day. Again, all because I wanted to walk on the shoreline!

The law needs to be changed to open up the access to the shoreline for the public. There were four parking lot attendants: one in the paved parking lot, at least three at the entrance and three HPD squad cars. All this to keep out the public! Where’s the aloha? Where’s the public access to the shoreline.

No Freedom of Beach Access Here

2011-07-01T15:37:00.004-10:00

Sorry I've been MIA of late as far as Beach Access posts and updates. There have been developments -- developers want to build closer to the water in Waikiki, and expand the Turtle Bay Resort still. The Kailua Beach "Master Plan" came out, and all it did was say what others have said over the past few years about what should be done... but won't be, because it's just another study that will be put on a shelf to gather dust along with other studies done by the very same people.

On this Fourth of July, thousands of people will head to beaches all over the island to watch fireworks. But in Kailua, most of them will have to try and park in just two public beach parking lots because the majority of beachside lanes are gated or have posted "KEEP OUT" signs. Some of those "private" streets such as L'Orange Place, have even resorted to hiring security guards to turn away kids and parents who live across the street from them. Such fine, upstanding, patriotic neighbors, aren't they?

In the picture above, that's the Kailuana Place gate -- it's on a private easement, but that is a PUBLIC street. Hawaii residents pay taxes to maintain the road for those people who have decided to make that end of the beach their own private little enclave. Ironically, President Obama and his family have chosen to spend their Christmas vacations in an oceanfront mansion on that very street. Why? Because of its privacy! It's easy to keep out the riff-raff and common folk. I voted for Obama and still support him... but I wish he and his family would take a walk with me along Kailua Beach, so I could show him how greed has turned Kailua -- and our country -- into two distinct societies: the rich, who continue to get richer under GOP tax-cuts for the wealthy; and the struggling middle class, who can't even enjoy our "public" beaches thanks to the gated community mentality of certain people. So much for "democracy."

May 7 Rally to Preserve Waikiki Beach

2011-05-04T22:06:00.002-10:00

Sorry for such short notice, but just got this info from our allies at Surfrider and KAHEA. They will help lead a rally to protest the proposed plan by Kyo-Ya Resort and Hotels to build a new massive tower next to the historic Moana Hotel on Waikiki Beach.

A LINE IN THE SAND: RALLY TO PROTEST
KYO-YA’S NEW TOWER IN WAIKIKI

Concerned citizens are invited to meet at the zoo at 9:30 AM to walk down Kalakaua Ave. to the proposed site at 10:00 a.m. Participants are asked to wear blue. Bring your families and friends. Members from environmental groups like KAHEA, Surfrider Foundation, Hawaii’s Thousand Friends and the Ka Iwi Coalition will also be in attendance.

As part of the Waikiki Special District, zoning laws were passed decades ago to protect the beaches of Waikiki and to limit shoreline development -- and the coastal erosion that comes with it. Existing hotels were allowed to remain as they were. The understanding was that subsequent developments had to follow the new zoning codes. But Kyo-ya and its corporate partners in New York want special exemptions to tear down an existing 8-story building and create a new 26-story tower. The Dept. of Planning and Permitting granted them variances to violate the existing height and shoreline setback requirements, but a coalition of petitioners is seeking to appeal this decision.

“We’re asking people to draw a line in the sand against Kyo-Ya’s plans,” says Tim Tybuszewski, Surfrider’s Oahu Chapter Co-Chair, “because their new development will create a dangerous precedent for other developers to ask for similar exemptions from the zoning code so they too can start building taller towers closer to the water. While other high-end hotels such as the Hale Kulani have successfully abided by the rules, Kyo-Ya asserts they shouldn’t have to adhere to the zoning code.”

According to the zoning laws, beachfront buildings in Waikiki must be built 100-feet inland of the vegetation line. Shoreline setbacks were designed to protect our beaches and public safety, but Kyo-Ya wants to build new structures closer to the water and to harden the shoreline with a higher seawall. This is likely to cause more beach erosion. No amount of sand replenishment will be able to restore Waikiki’s shrinking beaches in the face of more construction, storms, hurricanes, tsunamis and sea level rise. Kyo-ya asserts that beach sand replenishment, paid for mostly by the taxpayers, will restore the beach in front of their new tower and wall... but for how long? As other walls on the Waikiki shoreline demonstrate, where the shoreline has been hardened, the beach washes away -- and with it goes beach access.

The new tower will also contribute to the canyon effect, dwarfing the historic Moana Hotel and further destroying Waikiki’s unique sense of place. If approved, Kyo-ya’s plans could motivate a new wave of developers to seek the same exemptions and build more towers and walls on the Waikiki shoreline. Rally organizers invite other groups and citizens to join their protest to see where the proposed new tower will be built, and learn more about how this development will affect Waikiki.

******

Please attend the rally if you can on Saturday. I'll be updating the BAH site and sending another group email soon about other beach access matters that have come up in the past couple of months... not much happening though on the State level due to the budget crunch. More to follow!

Aloha,
Rich Figel

Tsunami Lessons

2011-03-17T15:00:00.005-10:00

It's been awhile since I posted anything, but today's Honolulu Star-Advertiser column by Cynthia Oi got under my skin. Normally, I like her pieces. But I think she missed the mark in this one. Here's the passage that bothered me most:

While arguments about beach restoration, blocked view planes, high-water marks, vegetation lines and shoreline access take up much time here, these trivial disputes won't amount to a sand berm in the face of a fierce tsunami.

Trivial? If anything, what happened in Japan underscores the need in Hawaii for a joint State-counties coastal commission to address those matters, as well as the reality of climate change and rising sea levels. Our mission isn't just about protecting beach access -- it's about preserving what's left of our beaches as well.

She goes on to make the case that no amount of planning or spending can avert a catastrophe if we were hit by something akin to what happened in Japan. True enough. But does that mean we shouldn't do what we can to prevent smaller scale disasters from happening?

Moreover, there are things we can do that wouldn't cost anything. The first is so obvious, it seems like a no brainer: push back the legal shoreline setbacks for building! We have ample proof that allowing property owners to build closer to the sea leads to faster erosion rates in those areas. But these people don't seem to give a damn about anything other than their ocean view. They don't think Mother Nature can touch them. That is just human arrogance, plain and simple. If it was only the fool-hardy who suffered, I'd say they had it coming.

But we're the ones who pay for their hubris when nature strikes back. Who foots the bill for the clean up when those McMansions wind up destroyed and washed away into the eco-system? We do, since government workers have to deal with the mess. Much of their personal property loss would be covered by insurance... and guess who pays for most of that? You got it. The pay-outs come from premiums other homeowners pay, even if you choose not to live anywhere near a flood zone. We share their pain when calamities occur -- but not in their gains when they reap windfall profits from tax shelters and business write-offs.

What bugs me most though is many of these wealthy homeowners are also the ones who complain the loudest about government taxation and interference. But mark my words, if a hurricane or tsunami were to hit their exclusive enclaves, they would be first in line with their hand out, asking Big Government for help in restoring all the public services they receive on their "private" beach side lanes. And so it goes...

Here's the link to Cynthia Oi's column. What do you think?

New Turtle Bay Master Plan in Works

2011-02-07T14:15:00.006-10:00

Just got a letter from Turtle Bay Resorts, saying that Replay Resorts has been brought in to oversee the entire resort -- including hotel management and the "real estate development program." I wrote about it in my Honolulu Star-Advertiser Career Changers blog, which you can read by clicking here.

To sum up for those who aren't familiar with the Turtle Bay controversy, there were plans drawn up two decades ago that would allow for expansion of up to 3,500 new rooms. Considering there is a single two-lane highway that serves the resort and surrounding communities, some thought that might present a bit of a problem. Not only that, the plan could impact shoreline access and alter the "country" feel of that area on the North Shore. The public outcry succeeded in halting expansion until a Supplemental Environmental Impact Statement could be done.

The new owners and Replay Resorts are now saying they want community input, and intend to create a new master plan that will address the concerns of residents. They seem to by backing away from the plans to add 3,500 units and say they do not want to develop gated luxury communities like you see around the Waikoloa resorts on the Big Island. That's good. Better yet, they are working with two land trusts to place a conservation easement on 469 acres of land mauka of Kamehameha Highway, which will be preserved for farming use. That's great news.

Let's hope they live up to their promise that they will be more transparent and responsive to community concerns.

Why Hawaii Needs a Coastal Commission

2011-01-06T09:41:00.006-10:00

Another contentious issue involving shoreline setbacks and county zoning laws has been in the news of late. Kyo-ya's plan to build a new oceanfront hotel in Waikiki next to the Moana Surfrider Hotel is drawing opposition from a number of environmental groups -- and for good reason: it sets a bad precedent that opens the door for other hotels and resorts to build closer to the ocean.

With indisputable proof of rising sea levels and cyclical beach erosion being a part of Hawaii's fragile ecology, you'd think someone at the county and/or state government level would object to any development that puts buildings closer to the shoreline. Yet our system divides jurisdiction over the coastline at the high water mark (or high wash mark... it's confusing to me). The state controls the beach up to that imaginary line, which shifts over time. Above that line in the sand, each island county makes up its own setback and zoning rules -- even though everyone in Hawaii has a stake in what ultimately happens with our coastline, since our beaches are probably the state's most valuable commercial resource.

What irks me is that nowhere in the discussion of setbacks does the issue of residential development come up. In Kailua, where I live, I've seen more and more rebuilding in which older homes that were set back a good distance are now being replaced by Kahala style mansions that jut out in front of neighboring houses to be closer to the ocean. This pattern of building bigger and closer to the sea has resulted in the loss of beaches at Kahala and Lanikai. Yet there doesn't seem to be much concern about the same happening in Kailua -- at least not in the local media or at the government level.

This is why we need a Hawaii Coastal Commission that could oversea... er, oversee legal and environmental issues related to the ocean, beaches and shoreline. The current split jurisdiction system is not working and leaves too many loopholes for commercial developers and property owners to exploit for their own gain. And that means the people of Hawaii lose out in the end.

Here's the link to the Honolulu Star-Advertiser article about the Kyo-ya plans and opposition to it.

Season's Gatings... er, Greetings

2010-12-03T13:06:00.005-10:00

Ah, yes. Christmas in Kailua is a magical time when people open their hearts... but not their gates. There are at least 17 beach-side lanes along Kalaheo Avenue that are gated or have "Keep Out" signs posted with threats of arrest if you try to use "their" private beach access paths. The Grinch would be proud of those folks!

There is irony in the air too surrounding the annual Obama family Christmas vacation in Kailua. The gate pictured above is on a public street at the end of the beach where the Obamas stayed in an oceanfront compound. It's ironic because the President ran as a champion of the people who was going to protect the middle class -- and yet he chose to stay in an area where only the rich can afford to live that is effectively blocked off from less wealthy Kailuans in that area.

In fact, there is only a single public beach right of way at that end and the next closest one is over a half-mile away. That makes it ideal for security purposes. The Secret Service and Honolulu police force are protecting an area that has already become a semi-private beach for the rich. Those who can't afford to live on streets with private access must either walk a long way to the public access, or drive to the main beach parking lots and hope they can find a space (on weekends the lots are full).

So to all the Grinches along Kalaheo Avenue and on Kailuana Place, who continue to lock out their neighbors, all I can say is have a Merry Gate-mas! Yes, you truly represent the aloha spirit.

Happy Thanksgiving!

2010-11-18T15:05:00.005-10:00

Although Bob Moncrief has passed away, we can still be thankful for what he and his wife, Trudy, have stood for in the fight to preserve public beach access. The photo above of them was taken a couple of years ago in front of the L'Orange Place gate that led to the creation of Beach Access Hawaii.

The Moncriefs were the only homeowners on that street who opposed locking out neighbors and visitors from using the beach path at the end of their "private" lane. It should be noted that the residents don't mind having public services such as trash pick up, utility trucks and mail delivery using this "private" road... services their tax-paying neighbors subsidize.

One block over, Namala Place also has a gate -- and that one IS a public street, which our taxes go towards the upkeep. Yet they get away with locking out neighbors because the beach access is situated on a strip of "private" land between two houses. They also have street lights and public services paid for by the people they want to keep out. You can drive and park on the street that our tax dollars pay for, but you can't use the gate.

Meanwhile, Kalaheo Avenue continues to be dangerous for pedestrians and bike riders who must literally go out into the street to get around the dirt and debris, along the section from L'Orange to the only public access for over half a mile at that end of the beach. The City has been notified repeatedly, yet hasn't done a damn thing to rectify the situation.

I suppose we should be thankful that no one has been hit by a car... yet. Mark my words, it will happen.

Ghastly Neighbors

2010-10-19T16:08:00.008-10:00

Halloween should be a fun time when parents and kids can go trick or treating in their neighborhoods. Around Kailua though, the "PRIVATE ROAD" and "NO TRESPASSING" signs that stand on the intersection of nearly all the beach-side lanes has dampened the spirit of aloha that used to exist in Hawaii.

And then these same people wonder why they become the targets of graffiti or acts of vandalism? Ironically, many of those overbuilt oceanfront McMansions that have sprung up have huge picture windows allowing anyone on the beach to look inside at the owners who don't want neighbors using their private roads because they want "privacy." So why are they rebuilding so close to the beach then?

Negativity breeds negative responses. Treat your neighbors with kindness and respect, and you will get the same in return. Treat them like criminals just because they want to walk to the beach rather than have to drive to a public beach parking lot, and you're going to get stink-eye. That's just common sense.

BTW, this isn't just a local issue. On a recent Law & Order: Los Angeles episode, the ripped-from-the-headlines case revolved around a fictional surfer from Hawaii who is killed by young rich thugs over... public beach access. Yep, and it's based on true battles in California, where wealthy oceanfront property owners have tried to keep people off "their" beaches. For more on that L&O show, here's a link.

http://www.imdb.com/title/tt1720510/

Aloha, Bob...

2010-10-03T09:52:00.007-10:00

About a hundred people attended Bob Moncrief's memorial service at Lanikai Beach on Sat., Oct. 2, and many more who could not be present were there in spirit, because his life impacted and inspired people all over the islands.

In addition to his contributions to the public beach access movement, he was active in protecting Hawaii's environment for decades. But more than that, he was a good man... and also something of a rascal when he was younger! Friends and family shared a number of funny stories about Bob as a kid, who grew up to be a scrappy young man, then matured into a loving father.

I wanted to share some of my impressions about Bob at the service and tell everyone how he and his wife Trudy inspired me to co-found Beach Access Hawaii. To be honest though, I kept choking up just thinking about it and didn't think I could convey what I wanted to say in words. So I'll just keep it simple: Aloha and mahalo, Bob. We'll miss you, but you won't be forgotten.

And thanks to those who have made generous donations in Bob's memory to Beach Access Hawaii. We'll continue to promote this cause because of people like Bob and yourself.

Bob Moncrief Memorial Oct. 2

2010-09-10T18:12:00.003-10:00

For those of you who have asked, there will be a public memorial service on Sat., Oct. 2 at the Lanikai Park Pavilion beginning around noon. Please RSVP at www.BobMoncrief.com so the caterers know how many people will be coming.

Details on the service are posted at the website created by his family to honor Bob's memory.

Please show your aloha for Bob, his wife Trudy, and their family!

A Man Who Stood Tall

2010-08-27T13:01:00.004-10:00

Bob Moncrief passed away on Aug. 25 at the age of 71. Many supporters of Beach Access Hawaii will remember him as the lone resident of L'Orange Place, who stood up at a Kailua Neighborhood Board meeting on Sept. 6, 2007 to say he and his wife were opposed to the locked gate that was put up on their "private" beach side road. He felt it was wrong to deny access to neighbors and was against the Hawaiian concept of "aloha."

It was remarkable because nearly everyone at that meeting had come to denounce the actions of those people on L'Orange Place. Many had been using that beach path for 20 years or more, and they were angry that their children now had to walk along a dangerous section of Kalaheo Avenue to reach the only public access for over a half mile area of beach. Bob looked frail, but there was a quiet strength and dignity in his words that moved me and others to take up the fight to protect the public's rights of way. Bob and Trudy Moncrief were the true inspiration behind Beach Access Hawaii, a movement that has spread throughout the islands and spurred state legislation that will benefit future generations.

I called Trudy today after getting the sad news last night, and asked if it would be all right for me to send a group email to BAH members about Bob's death. She said Bob would have been pleased because even though he had been having health problems, he still had not given up his fight to stop more gates from going up in Hawaii. He was looking forward to continuing the battle because he believed our beaches and ocean belong to us all.

After she told me that, I promised her I would find a way to carry on Bob's cause somehow. I hope you'll renew your efforts as well.

Here's a link to the Honolulu Star-Bulletin column I wrote three years ago that was inspired by Bob and Trudy Moncrief. Towards the end, Bob shares a touching story about how as a toddler, he got separated from his family on Kailua Beach. The woman who found him was none other than Mrs. L'Orange. Bob said she would never have approved of putting a gate on the road that bears her family name.

Below is a photo of Bob and Trudy on the Beach Access float at the Kailua 4th of July Parade two years ago. He also posed for satirical L'Orange Gate photos we took for other holidays such as St. Patty's Day, Thanksgiving and Christmas, which I'll continue to post in his memory.

ADDENDUM: Speaking of L'Orange Place, I was told that this past Fourth of July, they hired a security guard to make sure no one came down their road to see the fireworks. What's especially galling about that is the son of two homeowners on L'Orange, who are in the real estate biz, actually had the nerve to go on TV to say he was helping raise funds to keep the annual fireworks display going! Nice that his parents wouldn't open the gate for even one night in the spirit of Independence Day.

Ko Olina Complaints Continue...

2010-07-28T10:21:00.003-10:00

Here are excerpts from two recent emails we received:

"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 rays since I have melanoma. Even though I have doctor's 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."

That's a new one -- I've never heard of anyone being ejected because of an umbrella! But that's not fascism. That's capitalism. The resort negotiated with the State or county on how many public parking stalls they had to provide to meet beach access requirements, and the public has tacitly accepted that agreement because there have been no major protests at Ko Olina or the Neighborhood Board for that area.

I then got this email from a member of the military who notes he has served his country, and yet can't use the beach at Ko Olina because of their restrictive policies:

"... I'm a local boy who was raised on the Island of Oahu, a Kapolei Knolls home owner, tax payer, and Army service member for the past 18 years. I'm emailing you because I'm really interested in how I can support public beach access to Ko Olina. I was turned around today because the parking lots were full. I then made a u-turn and said I'd like to go to the ice cream parlor there, and was allowed to enter the Ko Olina grounds. After parking in the commercial business parking lot near the ice cream shop, where there were many unused parking stalls available I noticed the shop was closed. I decided to go to the lagoons and see if parking may be available and was sent away by security personnel, who apparently were given my license plate number from guards at the gate entrance. I was also told that if I were to park at the commercial business parking lot and walked to the lagoons for a swim that they would have towed my vehicle away. I was escorted off the Ko Olina grounds shortly thereafter. Please let me know what my rights are to public beach access, or point me in the right direction and tell me how I can give my support to public beach access. I was very disappointed that I couldn't use the beach and felt like my rights were not important at all. This was very hard for me to accept being that I've served three combat tours fighting for my country and my beloved Hawaii ..."

My advice to him and anyone else who has encountered problems with Ko Olina is to write Letters to the Editor of the Honolulu Star-Advertiser and MidWeek. Even if they don't publish your letters, it might prod them to do a story on that situation. It's going to come up again I think when Disney opens their resort out there.

I also suggest residents go to their next Neighborhood Board meeting and bring up this issue. Ask who came up with the agreement that Ko Olina only has to provide eight public parking stalls per lagoon. Ask what needs to be done to add more public parking.

Call the local TV news stations and tell them your stories of being denied entry. If you have a compact video recorder like a Flip camera or phone camera, try to get shots of Ko Olina security guards turning you away. Put those video clips on YouTube -- I'll post links here as well.

The bottom line is it's up to you to take action and do something. You should also contact the Surfrider Foundation and Sierra Club, since they both have paid staff that might be able to help publicize your complaints.

Belated 4th of July Greetings!

2010-07-09T13:48:00.005-10:00

The photos to the left are from the past two Fourth of July Kailua parades that Beach Access Hawaii took part in. My wife and I decided to take a long weekend trip to Vegas to avoid hearing the daily barrage of illegal fireworks in Kailua this year, so we didn't participate in this go-round. Things are pretty much status quo. No new gates have gone up along Kailua Beach as far as I know. But none of the other gated roads have opened up access to neighbors either.

BTW, last month while walking along a dangerous part of Kalaheo Avenue to get to our public beach access, I saw a young mother pushing a double stroller on that side of the road. When she reached the section where the shoulder of the road is nearly covered by dirt and debris from the adjoining property, she had to stop: half her stroller -- and one of her kids -- was jutting out into the road as traffic was speeding toward her!

She quickly pushed the stroller across the street while cars on the other side of the road were bearing down on her. I have repeatedly warned the Kailua Neighborhood Board and our City Council representative (both Barbara Marshall and Ikaika Anderson) that this is an accident waiting to happen. Remember this post when it does. Then I hope someone sues the crap out of the City for its inaction.

Access Victories Spur Fear Mongering

2010-06-07T17:52:00.005-10:00

Wouldn't you know it -- now that Gov. Lingle has signed the vegetation legislation to help stop oceanfront property owners from obstructing lateral beach access, certain developers are trying to scare people into rebuilding their homes CLOSER to the sea as soon as possible! This, despite ample evidence that sea levels are rising and beaches are eroding at faster rates wherever homes are nearer to the ocean.

A Kailua realtor who cares about preserving our beaches and public access forwarded an email to me that was apparently written by John Michael White. In it, he claims it is likely that the State will impose new shoreline building setbacks that could be 500 feet from the high water mark. Really? Where did he get those numbers from? For starters, setbacks are established by the county councils -- not the state. Secondly, the strictest setbacks that were passed by Kauai took into account sea level rise and possible erosion. If the setbacks seem like they are far back, it's for good reason: the recommendations were based on years of data and study.

Yet John Michael White doesn't give a damn about protecting our beaches or interfering with the natural sand dunes that are necessary to maintain healthy beaches. Here's what he wrote:

"Considering the above, I again remind all shoreline landowners of
the importance to obtain permits and build, install improvements
as soon as possible, otherwise you may have a rude awakening in
the future that your opportunity to build what you once could've
built on your private property, near the shoreline, may be lost....."

Yep, his only concern is for the "opportunity to build" regardless of the impact it will have on existing homes around that property or the beach itself. We've been seeing this happen on Kailua Beach, where older homes are having their views cut off by new homes that are being rebuilt left and right.

You know what this tells me? We're winning the battle of public opinion, and making progress with both the counties and State Legislature in our efforts to preserve shoreline access. That's what is scaring developers like John Michael White.

Well, eat this JMW: the Ka Iwi shoreline has been reclassified to conservation land too, and the Turtle Bay Resort expansion plans have been stopped for now until a new environmental impact study is done.

You can help us keep up the fight for beach access by clicking on the Donate button at top (right side of page) and making a small contribution. Mahalo for your continued support!

Here's a link to the vegetation legislation article and the Ka Iwi reclassification, both courtesy of Pacific Business News... btw, you should subscribe to PBN or sign up for their free email alerts if you want to track what's happening in business here.

Big Island Access Battle Redux

2010-05-13T18:29:00.005-10:00

The latest flare-up over public beach access takes us to... spins wheel... the Big Island again. Rather than rehash a variation of a familiar story we've been retelling for the past few years on every island, here's the link to the Hawaii Tribune-Herald article.

http://www.hawaiitribune-herald.com/articles/2010/05/13/local_news/local02.txt

I found the link by accident while checking the new CivilBeat.com site to see if they had any interesting news to report that wasn't already being covered by the Advertiser or Star-Bulletin. And what do I see? A post about the controversy over beach land and the recent court ruling in favor of the public...

Of course, there's much more involved and the new State legislation to make homeowners responsible for maintaining vegetation on ocean-front properties could have been brought into play too. But I don't know because I'm not a paying subscriber.

What's especially irritating is that Beach Access Hawaii has been at the forefront of the public shoreline access movement and generated a lot of media coverage over the past two years -- yet no one from Civil Beat bothers to contact anyone from BAH or our coalition about this issue? Did they ask why the State Legislature or county councils continue to do nothing? Has CB considered our proposal to create a Hawaii Coastal Commission to address these kind of problems?

Great job of reporting, CB! I had hoped Pierre Omidyar's investment in an alternative news source for Hawaii was going to bring some sorely needed investigative reporting. But so far, it's not much different than the normal newspaper stuff with very polite bloggers telling their paying subscribers, "Good point!"

Beach access is a volatile issue for local people and Hawaiians in particular. I've personally heard from many residents who get very emotional when they talk story about what it means to them. Yet the Civil Beat has turned it into just another dry topic of the week for "discussion." And they wonder why people aren't willing to pay even 99 cents to try it out?

For what it's worth, here's the link to the CivilBeat post... er, excerpt. BTW, we posted links to more in-depth articles on that subject months ago. Suggestion to CB reporters: try Google -- it's your friend.

Walking the Talk

2010-04-30T17:48:00.006-10:00

Here's a video I made of a recent walk from L'Orange Place to the next closest public access for Kailua Beach, which L'Orange residents claimed was just a couple hundred feet away when they went on TV and spoke to news reporters. Aside from that inaccuracy, the video shows how dangerous this stretch of road is for pedestrians, bicycle riders and children who have no choice but to use Kalaheo Avenue to get to that public access.

Since it's a pretty long walk, contrary to what the L'Orange homeowners say, I had plenty of time to also talk about the recently passed State legislation that will supposedly make beachfront property owners responsible for trimming back vegetation that could impede lateral beach access. Good luck with that. The bill was modeled on a City law that makes homeowners responsible for maintaining sidewalks and unimproved sidewalk areas next to their properties... a law that isn't being enforced, as I can personally attest to.

Good News on Turtle Bay Expansion Plans

2010-04-09T07:55:00.002-10:00

Finally, we have some positive developments related to protecting shoreline access on Oahu. As you probably know, our North Shore allies have been working hard to stop the owners of the Turtle Bay Resort from implementing a massive expansion plan that was based on an outdated environmental impact study done way back in 1985.

Had Turtle Bay proceeded with their plan, it's quite possible that public access would have been restricted the same way it currently is at Ko Olina. Although those lagoon beaches are supposed to be open to locals, Ko Olina only has a very small number of parking spaces set aside for the public. Once those spaces are full, Ko Olina turns away locals and visitors alike (unless they are paying guests).

Yesterday, it was reported the Hawaii Supreme Court says a new EIS must be done... but what took so long to come to that conclusion? Shouldn't it have been obvious that much has changed in Hawaii over the past 25 years! Our population has grown, traffic has gotten worse, and there is less pristine, undeveloped coastal areas than there was. Of course an updated environmental impact study needed to be done.

But it took the ongoing efforts of the Defend Oahu Coalition and Keep the North Shore Country folks to make sure a new EIS was done. Kudos to Gil Riviere and all the other activists who showed us that while it may take time, persistence does pay off in local politics!

Here's the link to the Honolulu Advertiser article.

Vegetation Bill Gets Sliced and Diced

2010-03-22T17:08:00.004-10:00

So much for good intentions. Once again, our do-nothing State Legislature decides to err on the side of rich beachfront property owners' boundary lines (which are NOT clear due to shifting sands and vegetation), and guts the bill that may have given the DLNR some legal grounds to have obstructive plantings removed at the property owners' expense.

Here's the email I got from Lucinda Pyles asking people to make a last ditch effort to save the bill:

As you may already know the joint Senate Committees, WTL and TIA, heard HB1808 on March 18th. They passed the bill with amendments. Unfortunately, the amendments virtually gutted the bill and all that is currently left is a minor revision to the definition of Shoreline. There are no requirements that property owners maintain there induced vegetation landward of the shoreline, i.e. wash of the waves, no power given DLNR to do anything about induced vegetation obstructing lateral access and recreational use, endangering public safety or interfering with the natural beach processes.

The Senate Judiciary and Government Operations Committee, the last Senate committee the bill was referred to, will hold a decision making hearing this coming Tuesday, March 23rd. I would ask you to both call and send testimony to Senator Brian Taniguchi, Chair asking the JGO Committee to restore the House version of the bill, HD3. Please send a copy of your testimony to Rep. Mina Morita (introducer of HB1808 at morita2@captiol.hawaii.gov), Sen. Clayton Hee (WTL chair) and Sen. Kalani English (TIA chair). Calls to Hee's and English's offices may also be helpful. I appreciate anything you can do to encourage, Sen. Taniguchi (chair JGO), Sen. Hee (chair WTL), Sen. English (chair TIA) to reconsider the importance of this bill as passed by the House.

Submitting by email to JGO is best. http://www.capitol.hawaii.gov/emailtestimony/

In the first step, enter HB1808 in the box. You can attach testimony or enter in the comment box. Be sure in all communications you identify the bill and that your testimony is in support. I am still on the mainland and will be until April.
Thanks
Lucinda

In today's Honolulu Advertiser was this article with the misleading headline that implied the bill was gaining support. However, as Lucinda points out in her email, that simply isn't true. We're getting the run-around again. And what's up with Sen. Hee? I thought he was for public beach access, but lately he's been playing politics with bills that he should be supporting!

Vegetation Legislation Advances

2010-03-05T06:29:00.004-10:00

This just in from Lucinda Pyles on the vegetation bill...

HB1808 has been referred to three Senate Committees. As before time is critical and it is very helpful when the Committee Chairs get calls and faxes requesting HB1808 be heard. Then of course once scheduled for hearing, testimony in support, however simple it may be, is also very important. You can follow the progress of the bill, see text and amendments, check for a hearing date/time and submit testimony all on this link. Just enter HB1808. Bill Status & Documents or http://www.capitol.hawaii.gov/session2010/

The three committees are:

Water, Land, Agriculture, and Hawaiian Affairs Committee (WTL)
Senator Clayton Hee, Chair
Phone 808-586-7330; Fax 808-586-7334
e-mail senhee@Capitol.hawaii.gov

Transportation, International and Intergovernmental Affairs Committee (TIA)
Senator J. Kalani English , Chair
phone 808-587-7225; fax 808-587-7230
From Maui, toll free 984-2400 + 77225
E-mail senenglish@Capitol.hawaii.gov

Judiciary and Government Operations Committee (JGO)
Senator Brian T. Taniguchi , Chair
phone 808-586-6460; fax 808-586-6461
e-mail sentaniguchi@Capitol.hawaii.gov

And for good measure... (after all she is running for election)

Colleen Hanabusa, Senate President
Phone 808-586-7793; Fax 808-586-7797
Email senhanabusa@Capitol.hawaii.gov

Gary L. Hooser, Majority Leader
Phone 808-586-6030; Fax 808-586-6031
From Kauai, toll free 274-3141 + 66030
E-mail senhooser@Capitol.hawaii.gov

Thanks a bunch.

Lucinda
372-9323

State Legislative Update

2010-03-03T17:02:00.006-10:00

At least two bills related to shoreline access are still alive, according to my sources. Stuart Coleman of Surfrider has been talking to legislators about a carry-over bill from last year, SB1088, which would make it more feasible for citizens to go to court over blocked beach access ways. Rep. Karamatsu told Stuart that he didn't see any reason to hold it back. We'll see.

As for the vegetation bill, HB1808, Lucinda Pyles sent this update:

Thank you to all who have contributed to this effort to getting this bill, addressing the induced vegetation overgrowth onto our beaches, this far.

HB1808 has passed, with amendments, all three House committees (WLO, JUD & FIN) it was referred to with all voting members in support. Last night, another Neighborhood Board, Hawaii Kai, passed a resolution in support, (Waialae-Kahala, Kuliouou-Kalani and Kailua-Lanikai had already). DLNR, DBEDT, OHA and the Sierra Club are in support and many others.

Next week is cross over to the Senate. We are hoping it will be referred to just one Senate Committee since three House Committees have already heard it.

My understanding is that it is likely to be referred to Water, Land, Agriculture, and Hawaiian Affairs Committee, Clayton Hee Chair and Jill Tokuda Vice-Chair. Committee members are Senators Bunda, Fukunaga, Kokubun, Takamine and Hemmings.

Please have your testimony ready :)

Lucinda
732-6262
Email: kahalabob@aol.com

Note: New Blogger Address!

2010-02-09T22:30:00.002-10:00

Due to Blogger changes, we've exported the BAH site to this URL now:

http://beachaccesshawaii.blogspot.com/

If you had bookmarked the www.BeachAccessHawaii.org site, please update it to the above blogspot address. Mahalo!

Lt. Governor candidate on beach access

2010-02-08T16:44:00.003-10:00

State Sen. Gary Hooser has a good blog post on shoreline access and preservation. To my knowledge, he's the first and only candidate for Lt. Governor who has publicly made this part of his campaign platform.

Moreover, he's actually tried to get laws passed that would help protect public access. And Kauai, Gary's home island, has the most forward-thinking shoreline setback rules of all the counties. Oahu and the other islands should follow their lead.

Here's a link to his post and excerpt:

On shoreline protection and the right to public access
Protecting and preserving our shorelines requires effective and strict integrated shoreline management policies that reach all islands statewide. Presently, Kaua‘i proudly holds the strongest and most prudent shoreline setback for structures, 110 feet from the watermark during a full moon high tide. DLNR officials, working in coordination with the UH Sea Grant Program, estimate the annual shoreline erosion rate at roughly one foot per year. Most homes are rated at a lifetime of 70 years, which under the current state standard setback of only 40 feet means they are likely to be threatened by erosion in coming decades. Though variances are available, our state would be wise to follow Kauai’s lead on this issue and improve shoreline setback distances in all counties...

To read his complete post, please go here:

http://garyhooser.livejournal.com/37609.html

Shoreline Vegetation Gets Attention

2010-02-03T15:22:00.009-10:00

While I'm glad the issue of oceanfront property owners using plants to grab more beach land is getting attention, I wish the State Legislature would address a bigger matter: we still do NOT have any state law for public beach access minimum standards. All we have for Oahu are "suggested guidelines" by the City Council, which are unenforceable.

Anyhow, if you want to put a stop to overgrown beachfront vegetation by homeowners, there is a bill you can submit testimony in support of: HB1808.

Date/Time/Place: Thursday, Feb. 4th, 2:20 PM, State Capitol Room 325

Please submit testimony online at: http://www.capitol.hawaii.gov/emailtestimony

Type in HB1808 where you're asked to enter the measure for the latest hearing info. If the bill advances there will be more hearings, so save your testimony to resend later!

Also, you can view an Olelo program about this subject or watch it on YouTube. Here's more info below:

Rep. Barbara Marumoto discusses Kahala Beach with long-time resident Lucinda Pyles and Dolan Eversole, Coastal Geology Extension Agent, UH Sea Grant College Program. The show identifies the problem of obstruction of lateral access, recreational use and natural beach processes. It provides a historical reference as to why this needs to be addressed now -- before more beaches are lost forever.

Part 1 Click here.
http://www.youtube.com/watch?v=YqerUoevrrw

Part 2 Click here.
http://www.youtube.com/watch?v=WP7fL9ghBHc

Part 3 Click here.
http://www.youtube.com/watch?v=vTDvb1QRlas

The program will also run on Channel 54:
2/28/10 Sun. 7:00 pm
3/1/10 Mon. 9:00 am
3/2/10 Tue. 8:30 am
3/3/10 Wed. 6:00 pm

Op-Ed Piece on State Gov Reform

2010-01-25T08:34:00.004-10:00

NOTE: THIS IS THE LAST POST ON WWW.BEACHACCESSHAWAII.ORG... NEW POSTS ARE NOW ON:
http://beachaccesshawaii.blogspot.com/

Hawaii's system of government is broken. One only has to look at the way our State legislature dickers over every issue and gets little done each session to see the proof. The bicameral Senate/House of Representatives structure for such a small state makes no sense. It's inefficient and redundant to have so many reps, who all have staffs and cost taxpayers extra money to perform the same tasks!

It allows our elected officials an easy out: oh, don't blame us for inaction -- the other committee killed it... not my fault -- the chairperson didn't schedule your bill for a hearing... blame the House/Senate -- they didn't act when the bill crossed over.

Those are some of the excuses we've heard for the past two years from legislators on why public beach access bills died in committee, despite strong support we had. Here's the link to my op-ed column in Sunday's Star-Bulletin on this topic... please feel free to add your comments on the Star-Bulletin site below my piece!

Excerpt:

Hawaii should adopt unicameral legislature

As the 2010 state Legislature gets under way, it's hard not to have a sense of deja vu. Thousands of bills will be introduced — many of them resurrected from last year, or the session before that. Most will die in committee. About 10 percent of those bills will cross the finish line, amid great cheering or hand-wringing. But the vast majority of citizens who get involved because they care about a particular issue will walk away disappointed or disillusioned...

To read the rest, go here: http://tinyurl.com/yckyokj

My New Venture...

2010-01-20T17:02:00.005-10:00

Although I will continue to do what I can to promote the beach access cause, the reality is I need to make a living too! But times are tough... which is why I came up with the concept for a local TV show called Career Changers TV. Our first program began airing on OC16 last month. It's geared to people who are looking for jobs or thinking about pursuing new careers. If that's you, check out the CCTV web site for details!

www.CareerChangers.tv

I'm also writing a blog for the site, called Squashed Gecko. It's all about me! Well, not entirely... it's more about all the things I've learned from failing at various endeavors. If you're interested in the entertainment biz, especially screenwriting or writing in general, please drop by and post comments here.

As for the current State Legislature session and our prospects of seeing any significant action in regards to shoreline setbacks or beach access, all I can say is don't hold your breath. It's all about money this go-round -- meaning "non-essential" matters will get short shrift.

Kauai Addressing Access Concerns

2010-01-05T09:44:00.004-10:00

Unlike Honolulu's City Council, Kauai is actually DOING something to acquire more beach rights of way through their county's Public Access, Open Space and Natural Resources Preservation Fund Commission. Here's an excerpt from today's Honolulu Advertiser:

A draft of the board's priorities for land acquisition that, once approved, will be sent to Mayor Bernard Carvalho Jr. and the Kaua'i County Council reveals the board's concern about diminishing beach access routes.

In addition to recommending attempts to acquire land to expand the county Black Pot Park on Hanalei Bay and Salt Pond Beach Park in Hanapēpē, the commission is poised to recommend county officials use real-property-tax incentives or other means to acquire beach-access routes to Kauapea Beach (Secret Beach) near Kīlauea, Ka'aka'aniu Beach (Larsen's Beach) near Moloa'a, and Papa'a Bay between Anahola and Moloa'a. The draft priority list also contains mauka accesses to Waita Reservoir near Kōloa and Alexander Dam mauka of Kalāheo.

The same article says they have also been discussing the ongoing problems with oceanfront homeowners growing vegetation in blatant attempts to grab more beach land for themselves. Click here to read the full article.
http://www.honoluluadvertiser.com/article/20100105/NEWS0102/1050318/Kaua+i+beach+access+a+concern

New beach land belongs to public

2010-01-04T16:13:00.003-10:00

Good news to start the New Year! As reported in the Honolulu Star-Bulletin on Jan. 1, 2010, the Intermediate Court of Appeals has ruled that accreted, naturally-formed beach land above the high water mark belongs to the public -- NOT oceanfront property owners.

As many of you already know, some of the greedier homeowners have been planting vegetation to literally grab more beach land for themselves. This ruling is a small victory for the people of Hawaii. Now if we could only do something about providing more public access and our inadequate shoreline setbacks on Oahu.

Here's the link to the Star-Bulletin article that provides more details on the court ruling.

http://www.starbulletin.com/news/20100101_New_land_is_public_court_says.html

Kailuana Place Scrooges Deserve Humbug

2009-12-24T15:50:00.008-10:00

Mele Kalikimaka and all that jazz! Had a good laugh when I read a newspaper comment by a resident complaining about how Obama's stay in Kailua was interfering with their access to the beach. What's hilarious is this guy lives on Kailuana Place -- the public road with a private, gated beach acess pictured to the right! They think nothing of locking out neighbors and visitors from "their" beach access all year long. But close them out for one week, and boy oh boy, they don't like it one bit.

The Honolulu Weekly ran my letter in response to the "Shrinking Beaches" article they did recently. I pointed out that the reporter left out the most important thing: the reason WHY nothing is being done to protect our shorelines, which is the split jurisdiction between the State and counties. Here's the link to my letter.

The Star-Bulletin will also be running my commentary on the public safety issue related to the gate above, which I blogged about a couple of weeks ago. Scroll down for that one about the medical emergency I witnessed -- which happens to be down at the end of the beach where the Obamas are staying for Christmas.

That's how exclusive parts of Kailua Beach have now become. You can literally close off an entire section very easily without even putting up gates or fences because THEY ARE ALREADY IN PLACE. In effect, Hawaii now has private beach areas for the rich and privileged -- or in this case, for the President and his family. I love Obama, but this man of the people should be using this opportunity to promote free and open access to Hawaii's beaches.

Hawaii Kai gate endangers surfers

2009-12-15T09:05:00.002-10:00

After posting my account of emergency help for an injured surfer being delayed by a locked gate on Kailua Beach last Thursday, the Honolulu Advertiser ran this article by Suzanne Roig on Sunday. Excerpt:

Surfers want access restored

HAWAI'I KAI — Residents want the city to reopen a beach accessway used by surfers in trouble off the rocky coastline of the popular spot called China Walls.

The city closed the accessway six months ago because it was deemed unsafe.

But surfers and others say the closure in itself presents a safety issue. They say the access is vital as a "safety valve" for ocean goers who get into trouble, and allows them to safely get out of the water into a small cove in the steep, rocky cliffs...

Whether it's Kailua Beach or in Hawaii Kai, this is a tragedy waiting to happen... and why? Largely because some selfish homeowners value their exclusive "private" beach access over the public's safety.

Gates: Public Safety Threat

2009-12-10T13:55:00.003-10:00

Today I was reminded why this battle against gates still matters. While jogging back from Kailua Beach, I saw three paramedics pushing a gurney down the Kailuana Beach Right of Way -- the only public access for a mile-long stretch of beach. The dirt path from Kalaheo Avenue is well over a hundred yards before you even reach the beach.

As soon as I saw the paramedics I knew there was a big problem. I had just come from the beach and didn't see anyone in trouble near the #89A Emergency Locater sign next to that access path. I did, however, notice a group of people further down by the area surfers call Castles, near the house where President Obama and his family stayed last Christmas. That was at least a quarter-mile from the public access.

So I told the paramedics about that and asked how they planned on pushing the gurney through the sand. I noted that there was a closer access on Kailuana Place, but it was gated -- the locked gate in the picture. All they knew was that a surfer was injured, and this was the closest public access to where the victim was. Apparently it was not a life-threatening situation... but what if it was?

The paramedics left the gurney on the path and strolled down the beach. One made a call and shortly after that another ambulance drove down Kailuana Place. I presume they were going to try to get someone to open the gate so they could transfer the accident victim to the second ambulance. All this took 10-15 minutes... if it had been a heart attack or drowning victim, those extra minutes could have meant the difference between life and death.

What's more, Kailuana Place is a public street. That's right -- our tax dollars pay for the upkeep of their road! But the gate is on a privately-owned piece of land. How nice of them to share it with their neighbors, eh?

Merry Christmas, indeed. If President Obama stays at the property down that end again this year, I hope someone will mention to him that the locked gates along Kailua Beach are a very real threat to the public's safety. Whether you have health insurance or not won't matter if emergency help can't get to you quickly!

"Shrinking Beaches" article in Weekly

2009-12-07T13:08:00.002-10:00

Joan Conrow has a good cover story in the Honolulu Weekly about an issue I've been harping on for the past year. However, nowhere in the article does it ask WHY nothing is being done about the situation!

It's pretty simple really: as long as we have split jurisdiction between the State and the counties, there will never be a comprehensive long-term shoreline management plan. We need a Hawaii Coastal Commission that has the authority to enact statewide standards and the ability to ENFORCE those rules.

But we can't get there without interim steps, such as a joint State-counties task force to lay the foundation for such a commission. State Rep. Chris Lee introduced a bill that would have done just that. But Sam Lemmo, who works for the State DLNR, actually spoke out AGAINST the bill! And we didn't get any support from the UH Sea Grant people either... the same guys who have complained about the split jurisdiction problem. So what's their solution? More of the same: do studies and hope something changes...

Anyhow, here's the link to the Weekly article. At least the issue is getting more attention.

http://honoluluweekly.com/cover/2009/12/shrinking-beaches/

Turtle Bay forum Dec. 8

2009-12-01T12:24:00.006-10:00

Tim Vandeveer, one of our Beach Access allies, asked me to pass this along for "Talk Story 2" on Tues., Dec. 8, (6:30 - 9 PM) at Kahuku High School Cafeteria hosted by Defend Oahu Coalition:

This is the second in a series of Community Forums regarding the future of Turtle Bay. The City’s Department of Permitting and Planning is reportedly very close to issuing final subdivision permits to the developer at Turtle Bay which will allow him to move ahead with the outdated plan for five additional hotels and one thousand more resort condominiums. The State Supreme Court is set to hear Oral Arguments regarding the Keep the North Shore Country case asking for a Supplemental Environmental Impact Statement.

The existing property is formally changing owners this month, who are reportedly working on a new business model for the resort. This is a crucial time to get updated about the current situation. Efforts aimed at building on plans for preservation as well as sustainable land use enforcement at City and State levels will also be addressed. Notable speakers invited to attend include: Governor Lingle, Representatives Abercrombie and Hirono, Mayor Hannemann, Turtle Bay Advisory Working Group Chair Bill Paty, Senator Clayton Hee, Councilmember Donovan Dela Cruz and Interim Developer for Kuilima Resort Company Stanford Carr. The moderator for the evening will be Dee Dee Letts, a member of the Ko’olauloa Neighborhood Board and longtime community activist.

If you want to Keep the Country Country, this is a must attend event!

Beach Land Grab Article

2009-11-30T09:25:00.006-10:00

Today's Star-Bulletin ran a good article about the continuing problem of oceanfront property owners making claims on the beach where it has naturally expanded, or by simply growing out vegetation to grab more land (as in the photo above, which was taken last year at Kailua Beach -- note the SPRINKLER HEADS in the plantings).

We have laws saying the beach belongs to the public up to the high water wash, but vegetation is also used to mark boundaries. We have State laws that say one thing, while the individual counties make their own shoreline setback rules. Meanwhile, due to State and county budget shortfalls, personnel are being laid off which means we have less enforcement of existing laws. And no one is really responsible for overseeing our shorelines and beaches -- the State and counties just pass the buck!

Here's the article link.

My wife and I took a walk along Kailua Beach this Thanksgiving weekend. Besides the five houses that are already being rebuilt closer to the water, there are at least two vacant lots where you can be sure new owners will also build right up to the legal setback because others have already done it, and they don't want their views blocked by neighbors who will rebuild closer to the ocean.

Say goodbye to the Kailua Beach we used to love. It's well on the way to becoming another narrow stretch of sand just like Lanikai or Kahala Beach thanks to selfish, short-sighted beachfront property owners who don't give a damn about their impact on Hawaii's beaches. And thank our State and county officials too for not doing anything about it.

Hawaii's Beach Problems Go National

2009-11-16T22:09:00.003-10:00

The AP ran this story today, which focuses largely on Kailua Beach and quotes the UH Sea Grant guys as saying many of our beaches are already considered to be lost causes. Why? Rising sea levels, erosion, sea walls and inadequate shoreline setbacks. The article notes that there is a Kailua Beach master plan in the works... but knowing how slow our City and State government are to act, whatever gets recommended will probably be ignored and Kailua will go the way of Lanikai and Kahala Beach. It will be too little, too late. Again.

Here's some excerpts and the link to the story...

Hawaii's famed white sandy beaches are shrinking

By AUDREY McAVOY, Associated Press Writer – Sun Nov 15

KAILUA, Hawaii – Jenn Boneza remembers when the white sandy beach near the boat ramp in her hometown was wide enough for people to build sand castles.

"It really used to be a beautiful beach," said the 35-year-old mother of two. "And now when you look at it, it's gone."

What's happening to portions of the beach in Kailua — a sunny coastal suburb of Honolulu where President Barack Obama spent his last two family vacations in the islands — is being repeated around the Hawaiian Islands.

Geologists say more than 70 percent of Kauai's beaches are eroding while Oahu has lost a quarter of its sandy shoreline. They warn the problem is only likely to get significantly worse in coming decades as global warming causes sea levels to rise more rapidly...

... (Chip) Fletcher proposes identifying areas where a land conservation fund would buy five or six adjoining properties. The state would tear down buildings on these plots and allow the beach to shift inland.

He said when erosion hits more sections of Kailua beach, there's going to be a clamor to put up seawalls.

"That will be a very important moment," Fletcher said. "If we allow the first home to put up a seawall, then we're probably dooming the entire beach over the course of a couple of decades . . .

Read the entire article by clicking here.

Kauai Access Problems

2009-10-26T22:04:00.005-10:00

Two good pieces worth reading about the controversy over shoreline access on Kauai. First, there's this article from The Hawaii Independent, which begins:

An outcry over plans to fence off a trail to Larsen’s Beach is causing Kauai residents to revisit two longstanding issues: Should concerns about liability restrict access; and is the county properly recording public easements?

The controversy arose over cattle rancher Bruce Laymon’s plans to install a fence on northeast Kauai coastal land that he leases from the Waioli Corp., a kamaaina landowner whose holdings include the historic Waioli Mission House and Grove Farm Homestead Museum.

The fence would block the widest and easiest of two trails that lead down to the long, relatively secluded beach. Laymon maintains the more popular trail is not the easement that Waioli Corp. deeded over to the county. Instead, the public access runs through an outcropping of rocks along a steeper, rougher trail that is less favored by beach-goers.

But during a site visit last Friday, concerned citizens said they were stunned to hear surveyor Alan Hironaka claim there’s no public access to Larsen’s Beach at all...

Click here to read the rest.

Then we have Andy Parx's "got windmills?" blog post, which also goes into the history and politics behind the Larsen Beach access issue.

Check out Andy's piece, The Road More Traveled (Mon., Oct. 26) here.

So has the Honolulu Advertiser or Star-Bulletin been on top of this story? I could be wrong, but I don't think so. More and more we're seeing independent news sources and bloggers picking up the slack while TV news and the dailies cut back on actual reporting, and run more Mainland-generated content.

B&B Pros and Cons: Trick or Treat?

2009-10-22T13:50:00.009-10:00

Is the bed and breakfast debate in Hawaii a beach access issue?

As many of you know, I have mixed feelings about the arguments for and against B&Bs. Some of our friends and BAH supporters own B&Bs in Kailua. But I also know people who have been negatively affected by B&Bs.

Ironically, some of the most vocal opponents of B&Bs are people who live on gated roads. They even claim the influx of B&B tourists are one reason they don’t want anyone using “their” private lanes to get to the beach. They want the City Council to tell others what they can or can’t do with their homes.

Yet those same people don’t want anyone telling THEM what they should do with their “private” roads -- despite the fact they receive public services such as trash pick-up and mail deliveries.

Moreover, some of those mini-hotels that are marketed as B&Bs are on gated roads. Which means tourists who rent them have their own private access to the beach, while residents who live nearby must trek as much as half a mile to find a public right of way.

Personally, I’d like to see B&Bs restricted to owner-occupied homes. Most of the problems I hear involve properties where the owner lives out of state or somewhere else. If the owner is present, at least you know who to complain to. I think owner-occupied B&Bs can fit into residential areas if they are regulated and stay true to the spirit of real mom-and-pop operations.

It’s a thorny issue. I’ve had family visiting from the Mainland, and I wanted to set them up with a B&B in Kailua. However, I have friends who have had trouble finding affordable rentals, in part, because B&Bs are more profitable for property owners. If I had an extra room to rent, I'd want to get top dollar for it too.

Is there a middle ground? I’m all for keeping Kailua residential. But without tourists, I think many of the small businesses in town would suffer or close down. Then we all lose out -- the biz owners and residents who shop or dine at those places.

You can post public comments here, but you must register so we don’t get nasty “anonymous” comments. As we’ve seen in the past, those kind of personal attacks don’t get us anywhere.

Ocean Policy Task Force

2009-09-18T13:47:00.006-10:00

For some time now, I've been harping on the need for a Hawaii Coastal Commission or joint State/Counties Task Force to oversee shoreline management. This week it was announced that the Obama Administration is recommending the creation of a National Ocean Council to coordinate and oversee "myriad federal agencies in conservation and marine planning efforts."

Why? Because ocean policy is being done in a "piecemeal basis"... just as in Hawaii, where public beach access, shoreline setbacks, ocean-related commercial activities, are all regulated (or not) in the very same piecemeal fashion.

But the proposal for creating a task force that could pave the way for a Hawaii Coastal Commission got shot down by people like the DLNR's Sam Lemmo! The UH Sea Grant people didn't give us any support either. Yet they complain about the difficulties in dealing with split jurisdiction between the State and counties. So what's their alternative plan to create a better, more efficient system of shoreline management?

Here's the link to the AP article on the National Ocean Council proposal. Gee, isn't it nice to have a president and officials who use some common sense in streamlining agencies for efficiency, instead of simply ignoring environmental issues such as sea-level rise and industrial pollution? Of course some wing-nut will scream that this is socialism.

UPDATE: Better article from the New York Times...

"The Obama administration called Thursday for a comprehensive national system for regulating the use of federal waters along the nation’s marine and Great Lakes shores, now administered by a hodgepodge of federal, state or other agencies with often-conflicting goals..."

2009-09-15T12:37:00.003-10:00

From our allies on the North Shore of Oahu, comes this urgent appeal below. Plans to develop the Turtle Bay resort could have an adverse impact on shoreline access in that area...

The Honolulu Advertiser’s wrote in today’s editorial, “Court should clarify worth of years-old EIS”

If the high court decides to take the appeal, as it should, the state will get clearer direction of how environmental law should apply to development that has languished on the drawing boards for years.

And although the Kuilima Resort Co. project is at the center of this case, there are other projects with environmental impact statements prepared long ago. The original proposal for Makena Resort on Maui, for example, was based on an EIS completed in 1974.

It is not right that the developers should be allowed to begin development 20 or 200 years after an EIS is accepted without having to reconsider potential impacts. Keep the North Shore Country and Sierra Club have been seeking a Supplemental EIS for the Turtle Bay Resort in the courts since 2006. If the Supreme Court does not accept the case, our challenge of the environmental review will probably be over.

Meanwhile, Stanford Carr continues to press ahead with the expansion plan and continues to seek final subdivision approval from the City and County of Honolulu. They are very close.

We are near the end of the process. Now is the time to speak up!

This editorial gives you an excellent opportunity to share your concerns about the Turtle Bay Resort Expansion Plan and the City’s refusal to order a supplemental EIS. Please take a moment to send your comments to the Letters to the Editor and also post an on-line comment. Letters to the Editor are more effective.

Advertiser Letters to the Editor Include your name and contact information so they can confirm your identity and publish your letter.

You can read all of the court filings and follow the action at www.KeepTheNorthShoreCountry.org

Mahalo,
Gil Riviere
Keep the North Shore Country

Mainland Beach Access Cases

2009-09-01T16:38:00.005-10:00

Not much local news to report, since the Hawaii State Legislature and Honolulu City Council are more concerned about tax revenue shortfalls than matters such as shoreline access or environmental issues. So our most valuable natural resource -- the ocean and beaches of Hawaii -- are being neglected while plans are being put into place to have residents and visitors "pay to play"... things like increasing the cost for metered parking at popular surfing spots, increasing camping permit fees, and so on.

Some of those steps are probably necessary though, and if the money goes to improving and maintaining facilities and beach parks, well, that's all right with me. But crucial things like shoreline building setbacks are being ignored as "seaward creep" by beachfront homeowners is becoming a visible problem on Kailua Beach! Does anyone care? Not enough, apparently.

On the mainland, however, there are important court cases in Texas and Florida that could set precedents for public beach access throughout the country. Unfortunately, our ever-shrinking local news media doesn't cover issues like this unless we wave protest signs at a rally... or someone files a lawsuit.

Here's the link to activist Rob Nixon's blog, Waiting for the Next Swell, which recaps the legal implications of the Texas and Florida cases.

From Rob's post on the subject:

2009 may very well go down as THE pivotal year for Public Beaches and Public Beach Access in the United States. Starting in November, three very important public beach issues will come up for decision in Texas and Florida. What is at stake is no less than the public's right to access and use the beaches of these states. The decisions on these issues by the voters and the courts may also have an impact on all the coastal states of the United States as they will definitely set precedent for future challenges and cases....

Big Island Plea for Access Help

2009-07-23T22:14:00.005-10:00

An email from Betty Jung on the Big Island was forwarded to us from someone in the State DLNR... in other words, the state can't do anything about beach access problems and it seems like the county "no can" either. So they refer people like her to groups like ours. Unfortunately, all we can do is continue to lobby for better laws and try to drum up more public support.

Here's her email and links to the West Hawaii Today newspaper articles about the situation:

Subject: Big Island "Pines" surf and beach

Aloha,

In the local newspaper, West Hawaii Today, on the dates of 7/16 and 7/19 there were articles regarding the closing off of gates to a road that leads to a locally popular beach and surf area known as "The Pines." The current access is through the National Energy Lab of Hawaii road. Due to the economy, as reported in the newspaper, NELHA is planning to close the gate at 4:30PM on Fridays and not reopen until Monday mornings. One newspaper article claimed that a paved road through an incomplete housing area to be known as Kohanaiki, is supposed to open their gate to the local traffic as access. All this is supposed to begin on August 1. As has happened in the past on this island, we have had the same type promise and then have been locked out for as much as two years. Since this area is so widely used by locals, not just for surfing, but for camping, family reunions, birthdays, weddings etc., we would like some guidance on writing a petition to the Hawaii County office or State office that might be of aid to us in keeping this area open. The locals who use this area are inclined to due diligence in maintaining the area for family use. Please help us keep this area open.

Mahalo, Betty Jung

Click here for the July 16 article, and here for the July 19 story on the energy lab gate closing.

I don't know enough about it to comment, other than to say they need to get organized and try to get some TV news coverage that might wake up the Big Island council. The state DLNR will do nothing as usual.

Guest Blogger: On Perseverance

2009-07-23T11:12:00.007-10:00

Shannon Wood of the Windward Ahupua`a Alliance, sent this timely message about the need to stay the course when lobbying for changes in state law. The bill she writes about relates to climate change, which could affect sea levels and shoreline access. More importantly, it points out that our system of government requires persistence and patience.

On July 15, 2009, the Hawaii State Legislature overrode Governor Linda Lingle's veto of SB 266 CD1 (now ACT 20, Special Session 2009) to establish a Climate Change Task Force.

It took me four legislative sessions to get this on the books. I first started talking to lawmakers in late 2005, but no one was even willing to sponsor a resolution, let alone a bill, in the 2006 Session.

Then along came "An Inconvenient Truth" in the summer of 2006, and suddenly the political environment changed significantly; however, for a variety of reasons, it still took another three years to get the legislation enacted.

Many, many people worked together on Hawaii's climate change legislation -- including faith-based organizations and labor unions -- but this one was really my "baby." Twice this past Regular Session, I kept the bill alive by meeting with key legislators in both the State House and Senate who had major concerns about the costs given the slowdown in the economy.

I particularly want to thank four Hawaii environmental groups for their support: The Nature Conservancy, the Sierra Club, the Trust for Public Land, and the Blue Planet Foundation. Additional critical support came from the Environmental Law Program at the Richardson School of Law and the Center for Climate Adaptation & Policy at the University of Hawaii.

In all my years of political activism, only one other bill (establishing criminal penalties for owners of dogs legally designated as "dangerous") has kept me going... and going... and going as this one did. In that case, I was driven by the deaths of my cats by two dogs who came into our yard and killed them -- and all the owners were charged with were two leash law violations! Getting that bill on the books took 1,199 days.

And don't forget that it took over 30 years to get a beverage container deposit fee bill passed.

PATIENCE, PERSEVERANCE, PERSISTENCE, PARTNERSHIPS, PASSION... they really do work when it comes to making changes in How We Do Things Around Here.

I also believe that this climate change legislation could be a model for other states. Obviously, not all states will have to deal with sea level rise nor would they necessarily have the same the same entities or organizations on their task force, but the concept and the goals underlying the legislation would be the same.

As for public access issues, I've been told by Abbey Seth Mayer that his staff is working on a plan; however, Robert Harris from the Sierra Club feels that it will be years before any solid recommendations will be forthcoming. That's something we can change if there's enough interest in doing so.

Shannon Wood, President & Co-Founder, Windward Ahupua`a Alliance /Plug In & Power UP!/RECYCLING FOR CHANGE/BUST-A-DUMPER Campaign

Click here for SB 266 legislation text.

Interesting article on Lanikai Beach woes

2009-07-09T13:07:00.002-10:00

While Lanikai currently has more open public access to the beach than Kailua Beach, the lack of public parking and commercial activities are pushing residents to take action against the daily intrusions. And regular problems with drunk or rude idiots has some of them talking about closing off access ways.

What's the solution? I don't know... again, I think this is another reason we need a Hawaii Coastal Commission that would oversee issues such as commercial activities and public access, while creating long-term shoreline management policies for the entire state. Think the City Council or DLNR will do anything on their own? Right...

Anyhow, here's the Hawaii Independent link. Bookmark the site and check out their other local stories!

Home page: http://www.thehawaiiindependent.com/

Mahalos for a fun 4th of July!

2009-07-06T09:55:00.004-10:00

Special thanks to Christine Crosby and Amy Hammond for putting together the Beach Access entry in this year's Kailua 4th of July parade! Christine is the one wearing the Magic Sandman costume, who is a character created by Amy for her popular children's book.

Although our group was small in numbers, we got huge cheers all up and down Kainalu Avenue from the thousands of people who lined the parade route. Many walked up to us and said "mahalo" for our efforts to protect beach access.

But to continue the fight, we still need your help and financial support. Please donate $5, $10 or whatever you can spare by using the PayPal link on the right side of the page. And keep spreading the word about our group!

Watch Your Step

2009-06-30T13:11:00.004-10:00

It's been well over a year since I contacted our City Council representative to do something about the unsafe conditions on Kalaheo Avenue, since residents must now walk along long stretches of road to reach the closest public right of way. We were told that the area next to the street is the responsibility of the HOMEOWNER -- not the City or State.

Supposedly the City sent notices to those homeowners, informing them they were supposed to clear the pedestrian/biking paths of debris and dirt, or the City would do it and then send the property owners a bill for that service. But as you can see in the video I took with my new Flip camcorder ("shaky-cam") nothing has been done. There is now less than a foot of walking space in spots. Cars have to veer toward the middle of the road to avoid walkers and bikers.

This is an accident waiting to happen. One resident has already been "clipped" on his elbow by a car's mirror. Further down the same street, a woman on a bike got hit last year. Is the City waiting for someone to get killed before it fixes the problem?

Fourth of July Kailua Parade Is ON!

2009-06-22T15:24:00.003-10:00

Christine Crosby has volunteered to coordinate a Beach Access entry in this year's Kailua parade. If you'd like to participate, please call her at 780-4555 or email her at: lanikai@gmail.com

Last year was a lot of fun, but I just don't have the time to put together a float and organize everything... so I'm really happy when people like Christine take up the cause and keep it going! I hope you will too, in whatever way you can.

BTW, kind of funny that one of the people trying to save the Kailua fireworks show happens to be the son of the people who put up the gate on L'Orange Place. They and others who live on "private" beachside lanes don't want anyone walking down their roads to see those fireworks!

In fact, many people will have to take their chances walking long distances on unsafe Kalaheo Avenue to find an open public access. I just met an older man this weekend who told me he got "clipped" by a passing car's mirror because there is so little space to walk on the side of the road -- about half a foot in spots. It won't surprise me if someone gets hit trying to go see the fireworks because of the gates situation.

Yet ANOTHER Study and No Action

2009-06-12T13:08:00.005-10:00

The Honolulu Advertiser ran another cursory article about the latest beach erosion study, without questioning whatever happened with prior studies or asking why different agencies and counties don't share information they already have!

For what it's worth, click here for the story link and reader comments.

Meanwhile, UH Sea Grant and the State DLNR are doing a separate study of Kailua Beach, which will cover similar ground. In recent years, both Kauai and Maui also commissioned studies pertaining to erosion and setbacks. Each time they develop their own criteria and pay someone to create reports that could have been standardized and used as templates for all islands and beaches. Instead, they reinvent the wheel over and over. So there goes another $100,000 of taxpayer money down the drain for a report that will probably be put on a shelf with all the other studies done over the past 10-20 years.

But according to the same people who get hired to do these studies, we don't need a joint State/Counties task force or coastal commission to coordinate this stuff. Well, I guess if your main concern is job security, that makes perfect sense. At the rate they're going, by the time their studies are complete, many of our beaches will be severely diminished due to inaction. And they'll all be retired with generous civil servant benefits.

We don't need more studies to confirm what our eyes tell us is happening right NOW. Just walk along Kailua Beach and count the number of houses being rebuilt closer to the ocean! In five years or less, those parts of the beach will begin to look just like the shrunken shoreline along Lanikai and Kahala Beach.

BREAKING NEWS: Rep. Cynthia Thielen says she's working on another angle to halt "seaward creep" since the State Legislature failed to pass her bill to freeze setbacks on Kailua Beach. New City Councilman Ikaika Anderson says he will bring up the subject this year, but was vague as to when. I'll believe it when I see it.

Vote for Beach Access!

2009-06-10T10:44:00.003-10:00

Surfrider Oahu has just received a $5,000 donation from Barefoot Wine for their "Clear the Path for Beach Access" campaign here in Hawaii. But wait! There's more...

The good folks at Barefoot Wine are donating an additional five grand to the cause that gets the most votes on their web site. Just click here or go to:

http://republic.barefootwine.com/beachrescue/

Voting ends on August 15. As of today, however, we're way behind in the votes so please take a minute to visit the site. You can vote once per day.

Mahalo!

Bellows Beach Closure

2009-06-02T06:24:00.003-10:00

I've said it before, I'll say it again: unless the public takes responsibility for policing itself and reporting the idiots who trash our beaches or break other laws, we will lose access to places like Bellows, which is under military control.

I don't doubt there is validity in the reasoning for closing it off to the public. But this is the U.S. Marines we're talking about! Couldn't they station some MPs in a non-threatening way to discourage scofflaws? Sometimes it just takes the presence of authority figures to send a message, or issue a "friendly" warning about throwing away garbage. It doesn't have to be all-out war on the public just because of a small number of inconsiderate morons. The problem is too many of us just sit back and do nothing when we see rude kids and adult slobs ruining it for everyone else.

Here's the links to the Advertiser and Star-Bulletin articles.

What do you think should be done?

Kahala Beach Vegetation Update

2009-06-01T10:23:00.006-10:00

The Honolulu Advertiser ran a follow-up story today about the overgrown vegetation that is impeding shoreline access along Kahala Beach. A year ago, the State DLNR notified 12 landowners that they had to cut back the naupaka and other plants that were growing right down to the high water line. To date, only one has complied.

And what's the State's response? Um, well, we don't have the time or money to do anything about it. That's according to Sam Lemmo, the same DLNR guy who opposed my proposal to create a joint State/counties task force to address issues such as this! Why? Because the State and counties both are unwilling (or unable due to jurisdiction problems) to take responsibility for management of our coastlines and beaches.

Unfortunately, the article didn't do a very good job of framing the bigger issues of shoreline management and the need for a Hawaii Coastal Commission to oversee statewide policies. The reporter also took a comment I made about vegetation speeding up erosion out of context, because it made it sound like I was saying natural vegetation increases erosion. That is NOT what I said. I was referring specifically to plantings by landowners in front of homes that were built TOO CLOSE TO THE OCEAN. Besides disturbing the natural ebb and flow of sand and water, just as seawalls do, these artificial plantings are a blatant land grab by those homeowners.

Sheesh. But it was apparent from talking to this reporter that she had no intention of going out herself to check any of the beaches or problems I was talking about. She also didn't bother to speak to Rep. Thielen about the Kailua setbacks bill defeat, which is related to shoreline conservation efforts. Nor did she bother to speak to newly-elected City Councilman Ikaika Anderson, who presumably should have something to say about shoreline setbacks and vegetation, since those matters currently fall under county jurisdiction.

Anyhow, you can read the article by clicking here. Half-assed reporting is better than no follow-up at all, I suppose.

Advertiser link:
http://www.honoluluadvertiser.com/article/20090601/NEWS01/906010331

Beach Access at Ko Olina Resort Impossible

2009-05-28T10:50:00.009-10:00

This is a guest post from well-know podcaster and Hawaii resident, Todd Cochrane. You can read his personal blog here and his business blog, Geek News Central.

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)

Support Our Supporters: Gary Hooser

2009-05-21T13:33:00.003-10:00

State Sen. Gary Hooser has personally backed our beach access efforts from the very start. On Groundhog Day 2008 (above photo) he was the only elected official to show up at our rally in front of the Capitol building. This year, he again worked with us in trying to get legislation passed that would protect shoreline access -- but other legislators chose to do nothing, as usual.

Gary has announced that he is running for Lt. Governor in the 2010 elections (click here to visit his home page) and will be holding a kick-off rally on Tues., June 9 at Ke'ehi Lagoon, DAV Hall. Although he's asking for $25 per ticket for the fundraiser, I can give you FREE tickets that he has offered to Beach Access Hawaii.

Email me at richfigel@gmail.com, if you'd like tickets. There will be food and entertainment, and Gary promises to put the "fun" back in fundraiser. As our future Lt. Governor, maybe he can help persuade the next Governor to take action on protecting our beaches and shoreline access... something our current Governor apparently doesn't think is worth her time.

For more information about Gary's campaign, go to: http://www.garyhooser.com/

FREE Bumper Stickers Available!

2009-05-21T13:18:00.005-10:00

Just a reminder: if you'd like to get a "No More Gates!" bumper sticker to put on your vehicle, rubbish bin, beach gear or whatever, drop me an email with your snail mail address to: richfigel@gmail.com

Donations are still needed to keep our group going, however, so if you can spare $5 to $10, please make a small contribution using our Paypal link on the right hand side of the page. But if you can't swing it right now, no problem -- we'll send you as many bumper stickers as you want, anyway. What goes around, comes around, right?

Mahalo for your support!

Speak Out Against Shoreline Development!

2009-04-23T15:13:00.002-10:00

For some time, we've been asking you to support bills that would put a moratorium on shoreline setbacks to prevent new homes -- and commercial properties -- from being built closer to the ocean. Well, somehow amendments got tacked on to one bill that would allow hotels to do just that by giving them special treatment. And then those same hotel owners will ask the taxpayers to foot the bill for beach "restoration" or replenishment when it's their very actions that have contributed to erosion problems!

Our friends at Surfrider have set up a link on the Hawaii Policy Portal to submit testimony in support of the Senate version of SB 468. Please take a moment and use the link below to tell the State Legislature that this is not the time to kowtow to special interests at the expense of potential long-term damage to our beaches and shorelines.

Talking points and a sample letter are already provided on the HPP page...

http://my.hawaiipolicyportal.org/bill/26/testimony/new

State Legislature Fails Again

2009-04-11T08:17:00.006-10:00

Thought we had a chance to get bills passed that would protect beach access and shoreline setbacks. I was wrong... bills we supported died in committee the final week, or were amended in such a way that they could actually weaken existing setback standards!

Why? Frankly, it's because we didn't have enough public support. Our politicians kowtow to business interests and individuals who pony up the biggest campaign contributions, or pander to factions that are organized enough to make the loudest noise.

For instance, State Legislators caved in on equal rights for gays because the religious right mobilized their forces and turned civil unions into a referendum on traditional marriage. It made me ashamed of my upbringing as a Christian to see these red-shirted church-goers say gay people were somehow "defective" and didn't deserve the same legal rights as straights.

I once thought Hawaii took pride in our culture of "aloha" and tolerance. The beaches symbolized the open nature of people here... but now it's a place where people put up walls, fences and gates to keep anyone out that is "different" or not as wealthy as they are.

These are sad times, and I'm not willing to fight for any cause, unless it's for the benefit of ALL people in Hawaii -- regardless of race, religious views, income level, place of origin, and yes, sexual orientation. As long as we let differences divide us, nothing positive can be achieved on bigger issues that affect everyone.

End of rant. Don't know when I'll be back. It's up to YOU to do something if you want to see real change.

More Good News!

2009-03-23T22:29:00.003-10:00

We're on a roll... HB 593, Rep. Thielen's setbacks moratorium bill for Kailua Beach cleared the State Senate WTL committee on Fri., March 20. Then today (March 23), Sen. Hooser's bill, SB 1088, which re-defines obstructions to public access and gives citizens more ammunition to file lawsuits if access is blocked, also was approved on the House side by the WLO committee.

What's more, a bill many groups opposed that would have put Coastal Zone Management under the DBEDT as a cost-cutting measure, was gutted and replaced with language from HB 593 to give the DLNR authority to implement shoreline setback moratoriums throughout the entire state! So instead of a potential step backwards with SB 1318, the House WLO committee actually took the initiative in doing something to protect our beaches.

In other political news, Honolulu City Council candidate Steve Holmes emailed our group and wants you to know he would do all he can to support public beach access if elected. Candidate John Felix has said public access is one of his top concerns as well. The fact that they are discussing this issue shows how far we've come in the past year. Keep up the pressure, and we WILL see more positive changes in the near future!

Update on State Legislation

2009-03-19T09:23:00.003-10:00

HB593, which would give the State DLNR the authority to implement a 2-year moratorium on Kailua Beach shoreline building setbacks, will be heard by the Senate Water, Land, Ag committee on Friday, March 20 at 3 pm. You can submit testimony online by going to this link: http://www.capitol.hawaii.gov/emailtestimony/

We've also received word that SB1088 should be getting a hearing date by next week. That's the bill our alliance helped draft to re-define obstructions to public access, and make it more feasible for citizens to file lawsuit to stop gates from going up in areas with limited beach access for residents.

I'll be sending out a group email as soon as we get confirmation on the hearing dates. Mahalo to all who submitted testimony these past couple of weeks! Your emails and letters made a difference, and will continue to do so. Keep up the good work, folks.

Rep. Thielen Setback Bill Moves Forward

2009-03-06T09:32:00.005-10:00

Quick update: HB593, which would establish a two-year moratorium on Kailua Beach shoreline building setbacks, cleared the House Finance Committee hearing on Thurs., March 5. There were 15 "ayes," and no votes against.

It will now cross over to the Senate side, where the bill will be assigned to the appropriate committees for more hearings. But so far, looking good!

However, we must continue to lobby the Honolulu City Council to do something quickly to protect Oahu's vanishing beaches. Building setbacks are really in their jurisdiction. A special election will be held to fill the seat of Barbara Marshall, who recently passed away. Our condolences go out to her family and many friends.

Although we may have disagreed with her stand on certain issues, she did work hard for what she felt was best for the citizens she represented. She also had to deal with a divided City Council. Hopefully, her replacement will be able to do more to protect shoreline access, and persuade the City Council to be proactive on beach conservation.

After all, if we continue to lose more of our beaches, and make it harder for people to reach the beach, what will happen to Hawaii's appeal as a world class travel destination?

Legislation Update

2009-03-03T12:25:00.006-10:00

Two bills we've been lobbying for are still in play. SB1088, which re-defines obstructions to public access and makes it more feasible for citizens to file suits against the gating of existing beach access, cleared the Senate judiciary committee last week and is heading for "cross-over."

That means it will go to the House side of the State Legislature and be assigned for committee hearings. One will probably be the Water, Land & Ocean Resources committee, which already declined to schedule a hearing of the House version of that same bill. Why? You'll have to ask the committee chair and vice-chair, Rep. Ken Ito and Rep. Sharon Har. They decide what gets heard or not. They also killed the joint state/county task force bill we proposed. We have to convince Ito and Har that more must to be done to protect our public rights of way.

But first, we need to get the House Finance Committee to schedule a hearing on Rep. Thielen's bill to establish a two-year moratorium on Kailua Beach's shoreline building setbacks (HB593), which did clear the House WLO committee. Please contact the Finance Chair Rep. Marcus Oshiro and respectfully ask him to grant a hearing on HB593. You can email him at: repmoshiro@Capitol.hawaii.gov

I have no idea why this bill was sent to the House Finance Committee. But we gotta play with the cards we're dealt. In the meantime, here's a reminder why we need action on shoreline setbacks. Sadly, Kailua Beach is beginning to look more like Lanikai every day as houses get built closer and closer to the ocean...

Advertiser Story on Scott Werny

2009-02-25T11:28:00.003-10:00

Former Surfrider Oahu co-chair Scott Werny was one of the reasons I took up the fight to protect and improve public shoreline access. Without his support, there would not have been a state-wide Groundhog Day rally or the alliance we now have built.

Recently Scott was diagnosed with Parkinson Disease. He sent an update saying he's coping well and appreciates the outpouring of support. But he'd like more people to get behind current Surfrider co-chair Tim Tybuszewski's efforts to raise funds for PD research. Tim is doing an Ironman event in Scott's honor. Please pledge by visiting Tim's blog site, where you'll find more details on how to give.

Here's the Advertiser article link.

Mahalo to Scott for all he's done -- and all he continues to do for the beach access cause!

UH Sea Grant, NOAA helping

2009-02-20T09:41:00.004-10:00

By building alliances and beating the drums for beach access, we've been able to enlist the support of ocean and coastal conservation experts at NOAA and the UH Sea Grant program. We believe we share many common goals -- so why not share information and resources?

For instance, NOAA has been working on a survey of public shoreline access for fishermen. But when they heard that was one of the things beach access advocates were looking for, NOAA contacted us about the study they were doing. You can download a pdf version of their presentation here:GIS%20access%20survey.pdf

Meanwhile, Dolan Eversole of the UH Seagrant program has been working with the DLNR to develop a comprehensive shoreline management for Kailua Beach. Although beach access was not initially a major part of that plan, he's now making efforts to see if grants can be applied to creating a web site for public beach access, modeled on what was done by the Maine Sea Grant program.

To see what kind of info they provide, you can click here or go to:
http://www.seagrant.umaine.edu/accesslaw/

This is precisely the kind of stuff we should have for Hawaii! Why is Maine ahead of us in this area, when we're surrounded by ocean and are famous for our beaches?

IMUA: Another Beach Access Bill Moves Forward

2009-02-13T14:11:00.003-10:00

Good news! SB1088, which Marti Townsend from KAHEA, Evan Silbersten (Surfrider extern), Sen. Hooser, and I worked on together, has cleared the first hearing by the Senate Committee on Water, Land, Agriculture, and Hawaiian Affairs with only technical amendments.

This bill adds a citizen suit provision to HRS 115. Hopefully, this will improve enforcement of existing access laws. Groups fighting for access mauka-to-makai can get attorneys' fees for winning, which will level the playing field a bit against wealthy homeowners on both private and public beachside roads.

Marti said the DLNR and State Attorney General's office did testify against the bill, but it was pretty half-hearted in her view.

Mahalo to everyone who submitted testimony -- there was quite a bit, Marti said, adding "a big, special thanks to Robert Harris for coming and eloquently defending the important role of citizen suits."

The next hurdle is the Senate Judiciary Committee. Please call or email Sen. Taniguchi to request that he schedule a hearing of this bill:

sentaniguchi@Capitol.hawaii.gov

You can make it short and sweet. Just say we need SB1088 to help protect and preserve public beach access for future generations!

Two Out of Three Ain't Good Enough

2009-02-06T17:29:00.004-10:00

Mahalo to everyone who submitted testimony on the bills we supported! The House Water, Land & Ocean Resources committee passed HB1808, which is an attempt to deal with vegetation being grown in front of beachfront homes (see prior item below). However, there are concerns about enforcement. I'm kind of cynical about this one myself.

In Sam Lemmo's testimony for the DLNR, he noted that a number of Kahala Beach homeowners were notified that they should remove vegetation, but only one has complied so far. So where's the teeth in this law? It says homeowners could be billed for removal of vegetation, but who will go out and enforce this? Again, the onus will be on residents to play beach police.

Rep. Thielen's bill HB593 also passed. This would impose a two-year moratorium on Kailua Beach setbacks (new houses wouldn't be allowed to be built closer than the existing house). However, Committee Chair Sharon Har pointed out -- as I have -- that setbacks are legally in the county's jurisdiction. It really should be the Honolulu City Council acting on this. But if they won't do their job, the state has to step in.

Moreover, as others suggested, this moratorium should apply to all of Oahu -- not just Kailua Beach. We need a comprehensive, joint state/counties plan to address all of this stuff. Which brings me to the one bill that did NOT pass...

HB1447 was deferred without any explanation. That's the Task Force bill I helped draft as a stepping stone to creating a state coastal commission. On behalf of the DLNR, Sam Lemmo actually opposed this bill, calling it a "distraction" from a plan he has been working on. And who is going to implement that plan when it's done? The state or the counties? Probably neither, as is currently the case. Remember, Sam is the same guy who admitted that going after the Kahala Beach homeowners for overgrown vegetation has thus far resulted in only one owner actually complying!

So around and around we go with these bills, and chances are nothing substantive will be passed this session. Again. Until we change the split jurisdiction between the state and counties, not much can be done. Sorry folks, but two out of three ain't good enough.

Why Bill HB1808 is Needed: Land-Grabbers

2009-02-04T10:45:00.003-10:00

One of our members has alerted the State DLNR that the owner of the Kailua Beach property above has installed a sprinkler system and planted naupaka cuttings in an obvious effort to extend the vegetation line -- which technically becomes part of that property.

Not only is this a greedy land grab by that owner, but beach erosion experts say this type of planted vegetation interferes with the natural sand dunes that are vital to conserving our beaches.

HB1808 is an attempt on the state's part to hold beachfront homeowners responsible for such actions, and make them liable if they do not heed warnings about overgrown vegetation -- intentional or not.

Please submit testimony in support of HB1808 before Friday, Feb. 6, by going to this link and following the instructions:

http://www.capitol.hawaii.gov/emailtestimony/

Hearings Scheduled - Testimony Needed!

2009-02-03T07:32:00.005-10:00

Three bills we should support have been put on the slate for Fri., Feb. 6, 9:30 AM at the State Capitol, House Conference Room 325. The House Water, Land and Ocean Resources Committee will be taking testimony for:

HB1447 - That's the joint state/counties task force proposal. Please tell the committee we need unified action at both levels to create statewide standards for beach access, as well as shoreline management policies. (More on submitting testimony below.)

HB593 - This is Rep. Thielen's measure to stop new houses from being built closer to the ocean on Kailua Beach. There would be a two-year moratorium, which would give the state (and the do-nothing Honolulu City Council, I presume) time to implement a better setback policy that will take into account erosion and projected sea level rise.

HB1808 - Deals with lateral access, meaning vegetation. It would require beachfront homeowners to make sure stuff like naupaka in front of their property is not impeding access. In some cases, it's a blatant land-grab by these homeowners -- but it also interferes with the natural sand dunes that keep our beaches "healthy."

HOW TO SUBMIT TESTIMONY...

It's easy and quick. Just write a short letter or message for each bill, save it as a Word doc or pdf file, then click here or go to:

http://www.capitol.hawaii.gov/emailtestimony/

Type in the bill number (no spaces) and fill in the requested contact info. Then either upload your testimony (the "Browse" box) or write a short message in the "Additional Comments" box provided. Click on "Submit" and you're pau!

Your Action is Needed NOW!

2009-01-30T09:23:00.005-10:00

A bunch of bills related to beach access and shoreline management issues such as setbacks have been introduced at the State Legislature. Some are ones we had a hand in drafting. Others though were written without our input or knowledge, so we're still reviewing the merits of those...

Priority number one is making sure bills we support get a hearing scheduled. To do that, we need you to contact the committee chairpersons and ask them to schedule it. Below are the bill numbers and contact info. You may find that emails will bounce because of filled mailboxes. If so, please call the office number.

To keep up to date on bill status or legislators' contact info, you can go to the Hawaii Legislator site (click here) and enter the bill number (letters HB or SB for House Bill or Senate Bill, no space, followed by number).

On that same page, if you scroll down you will see a link to SUBMIT TESTIMONY online. When bills get hearing dates, you can plug in the bill number and upload a pdf document or write your comments in the box provided.

BILLS THAT NEED TO BE SCHEDULED...

HB593 is Rep. Cynthia Thielen's bill to stop new houses from being built on Kailua Beach closer to the ocean than the existing structure on that lot for at least two years, to give the DLNR time to create a master plan for shoreline management.

Please email House WLO (Water, Land and Ocean Resources) Committee Chair Ken Ito at
repito@Capitol.hawaii.gov or call 808-586-8470 to request a hearing date. Tell him we need action to protect Kailua Beach before it becomes another Lanikai or Kahala Beach!

While you're at it, you can also ask Rep. Ito to set a hearing for HB971, which we helped draft. This bill amends the definition of obstruction to public beach access, and would allow citizens to go to court to prevent things like gates from being put up in areas with limited beach access.

On the Senate side, that same bill is listed under SB1088 and is sponsored by Sen. Gary Hooser, so we don't anticipate problems with getting a hearing.

TASK FORCE BILL - PLEASE SUPPORT!

There are other bills related to coastal zone management and access. However, until we have a body with the authority to implement changes at the state and county level, the status quo is likely to remain in effect.

Rep. Chris Lee has introduced HB1447, to form a task force which would include state and county officials, along with reps from citizen groups. They would seek to create uniform state-wide standards for access and shoreline management -- something we sorely need.

Email or call Rep. Ito today and tell him we need joint cooperation between the counties and state to resolve these longstanding problems, and protect our shorelines for future generations!

Rep. Thielen Takes Action on Kailua Beach

2009-01-25T10:14:00.006-10:00

As first reported in this blog awhile back, KHON News confirmed that Rep. Cynthia Thielen will in fact introduce legislation to stop new houses on Kailua Beach from being built any closer to the ocean than the older homes they would be replacing.

She's asking for a two-year freeze to allow the State Dept. of Land and Natural Resources to come up with a comprehensive shoreline management plan that would take into account projected sea level rise and beach erosion. Why? Because things like shoreline setbacks are currently left up to the county councils. And our do-nothing Honolulu City Council has been MIA on important issues like this, rail, and B&Bs.

Click here for the KHON News story link.

I applaud Rep. Thielen's efforts. However, I believe it underscores the need to create a joint Counties/State Task Force to address the big picture, which includes beach access as well. What we really need is a Hawaii Coastal Commission that would have authority to make and enforce state-wide shoreline management standards -- not just "guidelines" as is the case right now.

Here's another reason why we need a Hawaii Coastal Commission: the Honolulu Advertiser article on Sat., Jan. 24, about a Kauai woman who was literally RUN OVER by a truck driving on the beach! Turns out each county has their own rules for that too. Sheesh. That's stupid -- and dangerous.

Special Request for a Friend

2009-01-23T18:13:00.004-10:00

I recently learned that Scott Werney, former co-chair of the Surfrider Oahu Chapter has been diagnosed with Parkinson Disease. As many of you know, Scott has been one of our strongest allies and was instrumental in organizing the state-wide Groundhog Day Beach Access Rally last year.

Scott is truly one of the good guys. When things like this happen, you can't help but feel life is unfair. However, he isn't asking for anything for himself.

What he would appreciate though is if you consider making a donation in his name to help fund research on Parkinson Disease. One of his friends, Tim Tybuszewski, is going to do an Ironman type event on Feb. 28 in Malaysia to raise funds and awareness.

Here's the link to Tim's blog and details about his mission:

Over the years Scott Werny (former Co-Chair of the Surfrider Foundation Oahu Chapter) has tirelessly worked for a very noble cause... protecting Hawaii's Ocean and Beaches.

Scott has recently been diagnosed with Parkinson's Disease (PD). As you may or may not know PD is a degenerative disorder of the central nervous system that often impairs motor skills, speech, and other functions.

After careful consideration I had decided to raise money for PD research in Scott's honor. I wasn't sure if he would want the world to know about such a personal aspect of his life, however he stated that if this money can benefit the many other people afflicted by this condition, then he was willing to participate.

This Scott, is for you and all that you stand for, my humble gift to you. Although it is a very small token, I hope it touches the hearts of the surfing community as you have touched ours.

With great respect and admiration,
Tim Tybuszewski

What I am going to do...

On February 28, 2009 I will travel to Malaysia to swim 2.4 miles, bike 112 miles, and run a marathon (26.2 miles) an Ironman distance triathlon. You may be familiar with the most popular of the Ironman events, the Ironman World Championship held in Hawaii. I am not quite at the calibur of athlete to be able to compete in that race (of which you have to qualify) but maybe someday. As for now I will just try to survive my first Ironman distance triathlon.

What you can do...

1. Make a donation in honor of Scott by pledging any amount of money you see fit to the National Parkinson Foundation for every mile I complete of the event. So for instance if you want to donate one dollar per mile, if I complete the race (I hope I do) then you will have donated 140 dollars and 60 cents (there are a total of 140.6 miles covered in the race) to help find a cure for Scott and the many others around the world.

2. Send the donation directly to the organization to ensure that they receive it (www.parkinson.org).

3. Contact this blog so that you can post your well wishes to Scott and the amount you are donating to help keep a running tally of what is raised.

Oh... and one more thing you can do... wish me luck... I'm gonna need it :)

********************************

Please take a moment to visit Tim's blog, post your good wishes, and make a small contribution in Scott's honor. Below is a photo of Scott (on right) and myself at the Fourth of July Kailua parade, where he helped us put together our "Save Beach Access" float.

New Year, New Faces in Government

2009-01-11T15:40:00.008-10:00

On Sat., Jan. 10, freshman State Rep. Chris Lee (Lanikai,Waimanalo district) became the first elected official to take me up on my offer to walk the walk, instead of just talking the talk...

I had emailed him last week about our frustrations with lack of action by the City Council and State on beach access and shoreline management issues. Rather than meet at his office in the State Capitol building, I suggested we stroll down Kalaheo Avenue from the Kailuana beach access to the next closest public right of way, which is over a half mile away. Chris said yes.

We also walked along the beach where I was able to show him four new houses that are being re-built CLOSER to the ocean -- despite evidence of beach erosion and projected sea level rise. Seeing is believing, and I think it made an impact on Chris when a Kailua resident came up to us and pointed at the "monstrosity" on Namala Place that is being built directly in front of an older home, cutting off their ocean view. Nice.

Coincidentally, on the front page of the Sunday Star-Bulletin there's a big story about "Saving Kailua Beach"...

The rapid erosion of one of Oahu's most popular beaches spurs multiagency action

STORY SUMMARY
The city, state and federal government are taking steps that could eventually counteract the erosion of Kailua Beach.

The Army Corps of Engineers, the state Department of Land and Natural Resources and the state Department of Health are working together to get needed permits and clearances to allow sand from Kaelepulu Stream to be used to replenish the rapidly disappearing beach. A public meeting was held last summer.

The state also hired a consultant to examine the problem and come up with options by 2010. Beach users say something needs to be done soon.

"In the last two to three years, the shoreline has dramatically eroded," said Chip Fletcher, a professor in the Geology and Geophysics Department at the University of Hawaii at Manoa.

Read the rest of the Star-Bulletin article by clicking here.

While I'm glad Chip and others are on the case, the question remains: why has it taken this long? Why isn't there a State coastal commission or task force that is looking at both short term and long term steps that should be taken to protect our beaches?

Meanwhile, since the Honolulu City Council has failed to act on shoreline setbacks, you can be sure other new beachfront homeowners will re-build closer to the ocean, which is likely to hasten beach erosion in the near future.

Beach Advocate Gets Star-Bulletin Recognition

2008-12-24T13:43:00.004-10:00

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

2008-12-20T11:57:00.006-10:00

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

2008-12-10T14:58:00.005-10:00

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!

2008-11-27T12:32:00.003-10:00

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

2008-11-21T15:03:00.006-10:00

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...

2008-11-06T10:01:00.005-10:00

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!

2008-10-30T16:08:00.009-10:00

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

2008-10-21T13:23:00.005-10:00

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!

2008-10-20T13:47:00.003-10:00

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

2008-10-06T08:04:00.008-10:00

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

2008-09-16T12:45:00.005-10:00

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

2008-09-09T09:22:00.005-10:00

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!

2008-09-08T22:08:00.009-10:00

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.

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

2008-08-25T12:34:00.006-10:00

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

2008-08-12T10:11:00.003-10:00

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.