Kailua Beach Gate Redux

Eight years ago, I co-founded Beach Access Hawaii when residents on L'Orange Place put up a gate to keep others from using the beach path at the end of their privately owned road. I soon learned that at least 17 Kailua beach-side lanes were gated or had put up "No Beach Access" signs. Upon further investigation, I found that the State law pertaining to beach rights of way wasn't actually an enforceable law. The attorney representing the City and County of Honolulu contended it was only a guideline because it said there "should" be public access every quarter mile in urban areas or every half mile in rural sections. "Should," not "shall."

Despite standing room only crowds testifying for the need to preserve beach access at Kailua Neighborhood Board meetings, and having thousands of people sign petitions supporting our cause, ultimately the State Legislature and City Council chose to do nothing. We also organized a state-wide Groundhog Day rally in 2008 that brought together over 20 organizations on every island -- there was even a Surfrider protest in Florida that same day, which was inspired by our efforts. For all our lobbying, calls to State and county officials, media attention, sign waving, proposed bills that got multiple hearings and lip service from elected reps, in the end, the status quo prevailed. Forcing property owners to allow public access on privately-owned land would amount to "takings" or require condemnation proceedings by the State, which would be costly and probably fail in court.

I bring this up because once again in Kailua there's talk about another gate going up on Ka'apuni Drive. The difference this time around is that the rumors spread faster thanks to Facebook. Back when my neighbors and I began Beach Access Hawaii in 2007, our chief form of communication was going door to door and handing out flyers. We then built an email list, which became our main tool to spread the word about what we were trying to accomplish through our meetings with State and county government people.

But social media is a different animal. Anyone can post anything, and often no one bothers to check the facts or research an issue. Much of it takes on an ugly tone, resorting to slinging the "F" bomb or "sh*t" every other word on the "My Kailua" Facebook page, which is presumably meant for a wide range of ages. Unfortunately, it's the rude commenters that give fuel to the arguments put forth by the Gate Keepers, who point their fingers at miscreants for trashing their streets and beach paths or disturbing them at all hours of the night when the rude idiots are out partying, defacing property with graffiti and so on. There is no defense for rudeness, online or elsewhere.

As some noted in the thread comments, there are good neighbors too who have taken the time to help clean up the Ka'apuni Drive access. Killing them with kindness is a far better strategy than threatening to make their lives miserable if they put up a gate. The one positive outcome we had from the L'Orange Gate controversy was that State Rep. Cynthia Thielen convinced residents on her beach-side lane to unlock their gate. But many of the other oceanfront properties in Kailua aren't even occupied by local owners. Some have been bought by investors that rent them out as vacation homes or B&Bs with their own private beach access.

So what can be done? Here's my suggestion: if homeowners on "private" roads want to deny beach access to the public, then treat those roads as private and require them to pay for all public services they currently enjoy at the taxpayers' expense. Let them pay for trash pick-up at their homes, or else they can cart it out to the public road adjoining their private lanes. Ditto for mail delivery. And make them pay for any public utility work that must be done beneath or bordering their private roads. They can't have it both ways -- their roads shouldn't be used for public services when it suits them, but kept off limits to the public when it doesn't.

I have also suggest to State reps and City Council members that they could offer positive inducements for allowing public access, such as tax breaks on their "private" roads and easements. Sometimes a carrot is better than a stick. For what it's worth, here's the post from the My Kailua Facebook page that elicited a strong reaction:

KA'APUNI TO BECOME GATED
Area Resident Local Reports In...
The "residents" of Kaapuni Drive have voted to put gates up and restrict beach access. This after only a few months ago they denied claims that this was happening nor would it ever. After local news was about to release the story, the Kaapuni association president called the news denying any validity to the accusations and dismissing it as baseless rumors. Now that one of the long time residents that has always opposed putting up gates has passed and her property is for sale, the "residents" (several of which live on the mainland and vote by proxy at the board meetings) now have the votes to pass the motion. Meanwhile the neighboring community that takes care of the beach accesses through community cleanups and beautification projects will be the ones most affected by this restriction. The next nearest public accesses are over a HALF MILE APART. We need to let the Kaapuni board and residents know that this is a horrible idea and will not decrease crime, vandalism, and littering. Those punks will just jump the gate or come down from another access. It is the families that grew up using these accesses and actually take care of the beach and accesses that they will be punishing. Beach access needs to be protected and opened, not limited! If anyone has contacts with the residents or board members, please share. Or contacts at local news outlets. Help spread the word before another beach access is restricted. Anyone happen to know the minimum distance between public beach accesses? Or an ordinance/law/etc regarding public trash and mail access on private roads?

Looking back, there was another positive result from the Beach Access Hawaii campaign... a lasting one. We got to know a lot of our neighbors by going door to door, and meeting in person to make our signs for the rallies and protests. That's one thing you can't do online. Putting names to faces, sharing stories of growing up in Kailua or elsewhere, spending real time together for a concerted purpose will always mean more than sitting in front of a computer, typing out pithy Tweets or snarky Facebook retorts. But at least grumbling online is a start. The question is, will any of them follow through and attempt to do something about it?

Unintended Consequences: Homeless Find Loophole

Anyone who lives on Oahu knows we have a major problem with homelessness. You see it in Waikiki, Downtown, Chinatown, Kakaako -- but the homeless have also been pitching tents in beach parks all over the island. Since it's gotten to the point where tourists and residents alike are being impacted, the City of Honolulu has been trying to find ways to force them into shelters and get them off the sidewalks and out of the parks.

However, the homeless found a loophole in recent laws passed by the City: because of the split jurisdiction along the shoreline, they are now sleeping on the beach below the high water mark which comes under State rule! Of course, the State Dept. of Land and Natural Resources doesn't have the manpower or resources to deal with that issue too, so the City is trying to get State permission to take responsibility for the beach at Fort DeRussy in Waikiki. Here's the link to that article in the Honolulu Star-Advertiser:

http://www.staradvertiser.com/newspremium/20140920_Homeless_shift_to_state_beach.html

But that's just one beach. Moreover, it's not the only problem we're experiencing that is related to split jurisdiction. Recently the local news media has also been reporting about the growing number of commercial ocean sports activities routinely being conducted on Honolulu beaches -- everything from the usual surfing and paddle boarding lessons to yoga classes. So if someone from the City wants to hassle them about things like permits, all they need to do is move down below the high water mark because the State DLNR won't send anyone to stop them.

Time and again, I've stated in this blog that we need a joint State-Counties Coastal Commission to set rules for all shoreline activities and have the authority to impose fines or take action against violators. Yet the Honolulu City Council and State Legislature continue to stick their heads in the sand and twiddle their thumbs.

BTW, a follower of this blog -- Mark Dougherty -- sent me the photos below showing how the Sheraton Waikiki has been derelict in maintaining vegetation along a walkway fronting the resort. I told Mark that there was a State Law passed, which is supposed to make property owners responsible for keeping plants from encroaching on any beach area below the high water mark because it would impede lateral beach access. The thing is you have to get DLNR to enforce the rule, and to date, I'm not sure they've been putting much effort into it.

Mark says he'll look into it himself, but has already heard from people who say the Sheraton really isn't that interested in improving the walkway's accessibility because they don't want to encourage more foot traffic by non-guests through that area. Wouldn't surprise me in the least if that was true.

Stay tuned, more to follow when I have time to post an update!

Some Good News Finally

As reported by Joan Conrow on the HuffPost Hawaii site, the Hawaii Supreme Court "has ruled the state must consider historical evidence when determining the shoreline... The opinion also reiterates the high court's 2006 ruling that vegetation may not be planted to manipulate the shoreline, which becomes the starting line for a building setback."

In effect, the court is saying oceanfront home owners can't try to grab more beach land by planting stuff like naupaka on the edge of their property, which can grow out quickly and extend the de facto boundaries by quite a bit -- like these Kailua Beach properties...

Yep, it's like a sea of green in front of those homes! The court also said historical evidence of the "highest wash" must be considered in determining where the shoreline is. That's significant because the State was using a "single-year snapshot" method, which could be taken at a time when waves were low... and that would allow people to build closer to the ocean, even if history has shown those idiots were putting their property and themselves at risk.

You can read Joan's entire article by clicking here.

Meanwhile, the State Legislature has kicked off their 2014 session with the usual well-meaning announcements that they are going to do something about addressing global climate change and rising sea levels... yeah, right. Call me cynical, but it seems the most vocal advocates -- like Rep. Chris Lee -- don't grasp the reality of Hawaii's split jurisdiction handling of the shoreline. No matter what the State does in the way of studies or task forces, they have no power over shoreline setbacks or zoning restrictions because that is up to each individual county council as it stands right now.

Until they face the fact we need a joint State-Counties coastal commission that has authority to make rules and enforce them, all we will get are nice sound bites and photo opps while the naupaka keeps growing, beaches keep eroding and sea levels keep rising.

Disconnecting the Dots

There were two articles in today's Honolulu Star-Advertiser (Oct. 21) dealing with unrelated beach and ocean problems that should be connected: regulation of commercial use of  our oceans, and control over what can or cannot be done with our shorelines. But if you read those two stories back-to-back, you'll start to get a headache trying to track all the federal, state and county agencies that have overlapping responsibilities. For instance, who is responsible for addressing beach erosion? Under Hawaii's convoluted system, there is split jurisdiction that is literally based on a shifting high water mark -- and both the State and counties often cite the murky lines of demarcation as excuses to not do anything about the very real threat of rising sea levels and ongoing shoreline management issues.

Ever since I got involved with the public beach access movement a few years ago, I have experienced firsthand the futility of attempting to get State or county action on protecting beach rights of way and doing something about shoreline "creep" by property owners on Oahu, who are rebuilding oceanfront structures closer to the sea (I can't call them "homes" because they look more like mini-hotels). I suggest those"homeowners" (often out-of-state investors) take a good look at what's happening on the North Shore before they decide to spit in Mother Nature's face and erect mansions as close as legally possible to the sea.

Anyhow, in today's beach erosion article about "regulatory woes" the reporter got some good quotes from Dolan Eversole, who works for Sea Grant and has done a lot of studies about erosion and shoreline management options. His suggestion is there should be a single coastal commission. It would have authority over the shoreline and coastal waters, and eliminate split jurisdiction. Makes sense, right? Except the article then goes on to quote various people from the existing agencies/departments that are currently not doing a very good job of addressing longstanding problems, and of course, those people say a coastal commission would be a bad idea because it could add another layer of bureaucracy. Um,  I think they missed the point. THEY are the added layers that need to be streamlined.

Okay, I'm not sure if the reporter phrased the question in the wrong way, or these government employees are simply too dense to understand the concept -- a coastal commission isn't meant to be an "added" layer of anything. It would be done to eliminate or consolidate a myriad of departments, agencies and ad hoc "advisory" groups that have been meeting for years and years, in order to simplify the regulatory process. It would create a single office that looks at the big picture from molasses spills to beach access and whether commercial kayak operations can be allowed on beaches in Hawaii. But if you broach the subject with a government lifer, all they will see is a threat to their individual jobs and benefits. Rarely will you ever hear a government worker admit their job or department does stuff that is redundant or could be eliminated to save taxpayer money, while making things more efficient.

And this is why we wind up with people who distrust government or say they want to dismantle Big Government... until their homes are threatened by beach erosion, commercial development or global climate change, and all of a sudden those same people are squawking that government isn't doing enough. The real problem though, is how government does things. They manage from crisis to crisis, instead of coming up with a long-range plan, then sticking to it.

BTW, in 2009 I asked Rep. Chris Lee to introduce a proposal for a joint State and counties task force to consider creating a Hawaii Coastal Commission. At that time, testifying against the proposal before State representatives was Sam Lemmo (DLNR) and Chip Fletcher, a UH researcher who is quoted as now saying an "overall agency" to take charge of coastal land use should be "studied." Apparently they thought the DLNR was doing just fine on its own. When will all these different factions start connecting the dots, and see that the ocean and beaches need to be treated as Hawaii's most valuable resource -- not as some lines on a map or organizational flow chart to be divvied up among the DLNR, CZM, MACZAC, DPP, EPA, even DOT (yeah, the molasses spill was the Dept. of Transportation's jurisdiction, believe it or not), along with each island's county councils and zoning/planning/parks departments. It's a shame because there are many well-meaning people trying to do their jobs... except they're like a bunch of people on a canoe, each paddling in different directions.

Idiots Building CLOSER to the Ocean

As I predicted a couple of years ago, wealthy buyers of oceanfront property on Kailua Beach were going to use Oahu's lax shoreline setback rules as an opportunity to rebuild closer and closer to the sea in order to "leap-frog" other houses that were being rebuilt by people who don't even live in these ugly box-like mini-hotels. All this while there is growing evidence of climate change and melting glaciers, which is contributing to rising sea levels across the planet.

Don't believe me? I recommend you watch CHASING ICE, a harrowing documentary about a National Geographic photographer who embarked on a difficult mission to photograph what's happening with melting glaciers around the world. Anyone who thought Al Gore was possibly exaggerating the threat in AN INCONVENIENT TRUTH a few years ago should be forced to see this movie. Now. It turns out, no one foresaw that global warming is happening faster than anyone could predict. CHASING ICE is available on Netflix through instant streaming. See it.

Meanwhile, in Kailua Beach the news media has been preoccupied with major beach erosion that has been going on at the south end towards Lanikai. Yes, that's alarming. The causes aren't clear though, and could be part of a natural cycle. However, what has already been documented is the fact that allowing houses or artificial barriers such as sea walls -- or even vegetation -- to encroach on the shoreline, hastens erosion. We've seen it in Kahala Beach and Lanikai. Now property owners are doing the same thing on the north end of Kailua Beach, but the news media ignores it. Why?

Simple reason, really: there's no parking near the only public beach access at that end, so reporters and cameramen would have to hike a fair distance to do a story on it. And since the lack of access results in far fewer beach-goers at that end, there's less attention paid to the ongoing desecration of what used to be a stable shoreline because the older homes were built far back enough to allow the natural sand dunes to adjust to natural changes and conditions.

Here's some photos to show you what's been happening. The first is from a couple of years ago:



See the newer house on the right? It leapfrogged a newly-rebuilt house to the right of it that is pictured below, and cut off the views of the older house on the left with the "For Sale" sign.



Flash forward to the present. Remember that older house with the "For Sale" sign? Well, looks like someone bought it and decided turn-about is fair play! And you can probably guess what will happen next: that house to the left of the older one under construction now, will probably be sold to someone who will rebuild right next to the other two... closer to the ocean.

Honolulu Weekly Article: Deja Vu

 

The Honolulu Weekly has another dispiriting update on shoreline setbacks and public beach access, related to oceanfront property owners who are using vegetation as a sneaky land grab method... which in effect, is being sanctioned by the State DLNR. As I've written before, because of split jurisdiction between the counties and State, there is no uniformity on building setbacks and zoning requirements to protect what's left of Hawaii's beaches.

On one hand, I applaud the persistence of Caren Diamond, a Kauai activist for beach access. And hats off to Joan Conrow for her continued reporting on this issue. On the other hand, it sickens me that we have to keep reliving these same battles year after year, decade after decade, while the State's largest -- and only -- daily newspaper and Honolulu TV news media give the subject cursory coverage. They've never really done an in depth series on possible solutions or even options that could address the growing concerns about preserving our shorelines and controlling commercial activities on our beaches, and in our ocean waters. Sigh.

For what it's worth, here is the link and some excerpts from the Honolulu Weekly piece. Read it and weep...

High Tide - A pending Supreme Court case pits public access against wealthy landowners and the State

By Joan Conrow

Environment / Caren Diamond thought the Hawaii Supreme Court had settled the issue when it ruled in her favor–the public beach extends to the highest seasonal wash of the waves.

The landmark case Diamond v. State of Hawaii was supposed to put a stop to the State’s use of planted vegetation to determine the shoreline, which becomes the starting line for a building setback. The practice tends to favor the landowner, especially when the plants have been cultivated.

But when the State continued to set shorelines that weren’t based on the highest wash of the waves, “We went back to the Supreme Court,” said Diamond, who lives on the North Shore of Kauai, not far from the coastline she has fought for decades to protect. The high court held oral arguments on April 4 and has not issued a decision.

Diamond is again challenging how the State Department of Land and Natural Resources (DLNR) sets the shoreline. This time she’s contesting its “single-year snapshot” approach, in which the state surveyor is guided solely by what’s visible the day of the site visit, even if historical photographs indicate differently.

“If there’s no history, then there’s no future,” Diamond said. “By manipulating the vegetation, landowners gain control, use and ownership of what rightfully are public trust resources.”

Stealing beauty

The case was brought by Kauai attorney Harold Bronstein on behalf of Diamond and Beau Blair, who have long argued that landowners are manipulating the shoreline by intentionally cultivating and irrigating naupaka and other vegetation, which impede the highest wash and hide the debris line. In this particular case, the State’s own survey had initially set the shoreline 20 feet farther mauka...

To read the rest of the article, click here.

 

Lepeuli, Kauai Update

Richard Spacer sent a link to his commentary posted on the Hawaii Reporter website about the current situation at Lepeuli, Kauai -- also known as Larsen's Beach. He wrote a guest blog for Beach Access Hawaii back in August 2011, which you can read by clicking here.

Since then, he's continued to fight for public access, going through State DLNR and county channels. The upshot of his efforts is that he needs a land surveyor to help him with Boundary Identification. So if you know an honest, affordable surveyor who is willing to go to Kauai, please contact Richard at  rspacer@yahoo.com.

To read his entire Hawaii Reporter piece, click here. Below are some excerpts:

... Fast forward to 2009 at Lepeuli, Kauai where a cattle rancher named Bruce Laymon applies for state and county permits for his beef cattle ranch company called Paradise Ranch. Laymon, beneficiary of a highly questionable Hawaii sweetheart deal system known as "after-the- fact" permitting, applied for these permits after the public informed land regulators that he was clearing brush mauka of the public beach there without a permit. The beach, commonly known as Larsen's Beach,  is a healthy breeding ground to federally endangered Hawaiian Monk Seals and green sea turtles... The beach never really gets busy, 20 people all day is typical... The property to which Laymon has an exclusive lease is 541 acres in size owned by Waioli Corporation, a non-profit public charity. It was purchased by Abner Wilcox, a missionary teacher, from Kamehameha III in 1850.

Laymon has an air of entitlement to the property. In March of 2010, while clearing vegetation with a brush hog in violation of his permit, Laymon told beachgoers he was going to run the f-----g  haoles out of there. How is someone going to RUN the public off a public beach? That is invasion of privacy, harrassment, and terroristic threatening. Those are all crimes for which the perpetrator can and should be arrested. It is also hate speech, stating he will run out an entire class of persons based on their race. A complaint was made to the FBI, the Kauai Police, and the former Kauai Prosecuting Attorney. No arrests were made...

The most contentious part of Laymon's permit applications was his intent to fence off the lateral, coastal trail at Lepeuli, that many believe is an ancient, historic, ala loa trail. This trail runs from ahupua'a to ahupua'a parallel to the shore. It is clearly depicted on 1833 and 1878 Registered Maps on file with the State Surveyor. Laymon, his attorney, and landowner Waioli Corporation dismiss the existence of the trail on their property.

Laymon's state Conservation District Use Permit allowed him to fence 110 feet mauka of the shoreline, inside the state Conservation District regulated by DLNR. The State of Hawaii claims a trail in fee simple in Lepeuli and this is stated in letters from 2000, 2011, and 2012. The 2012 letter is from the Attorney General to the Kauai Na Ala Hele Trail Advisory Council. It states that there is a trail in Lepeuli the State owns, but the State does not know exactly where it is, and they are not going to do anything about the trail. The State Historic Preservation Division of DLNR asked to enter the property to survey where the trail was, and landowner Waioli Corporation denied permission. That is why the State says they don't know the location of the trail, but everyone else does. Native Hawaiian sworn declarations are on file stating they or their family members walked the trail to fish and gather limu. Likewise, Patricia Hanwright in the adjoining ahupua'a of Kaakaaniu, denied permission to enter. Hanwright is united with Waioli Corporation in the position there is no trail on the properties. Since the State still claims the trail it owns, and the Highways Act says such trails are forever public, one would think raising this objection to the land regulators would end the matter. Perhaps on the mainland, but alas, there is no Highways Act on the mainland...

In May 2011 Laymon installed fencing across the lateral, coastal trail in violation of the county SMA permit. A public trail that was open for hundreds of years was suddenly closed. The state and county failed to protect the public trust and allowed private entities to take over public property that belongs to all the residents and taxpayers. How do public servants we all pay allow this to happen?

In June 2011 I appeared before the Kauai County Planning Commission where a petition I submitted was heard. I submitted a petition for An Order to Show Cause and requested the commission find Laymon in violation of the condition of his county SMA permit that forbade closing of the trail and order the fencing removed and impose fines. A memo from DLNR Chairperson William Aila was received the day before by the commission and planning department stating that the State can claim roads and trails in land-courted property...

At about the same time the State Land Use Commission issued a Boundary Interpretation for Lepeuli. This document was created by utilizing the map submitted by Paradise Ranch to Kauai County Planning and DLNR. The LUC drew on it their belief of where the boundary between the state Conservation District and state Agricultural District is. Why is that important? Because Laymon, with the backing of Les Milnes in the Kauai County Planning Department, stated the May 2011 fencing is legal, as it is totally inside the state Agricultural District, and OUT of the state Conservation District, where Laymon no longer has permission to work. Of course, Milnes is ignoring the county SMA permit condition saying the trail cannot be blocked.

Laymon's surveyor, Alan Hiranaka, depicted the lateral, coastal trail, and the fencing that blocks it, entirely outside the state Conservation District. Community members with GPS devices disagree, opining that part of the fence is clearly inside the state Conservation District, and all of it that blocks the trail. The LUC feels the same way, their line is considerably more mauka of where Hiranaka placed the line. According to the LUC, the lateral, coastal trail is entirely inside the state Conservation District.

When the attorney for Waioli Corporation, Don Wilson, learned the Boundary Interpretation was issued, he rhetorically asked if it was accompanied by a current shoreline certification survey. It was not, as the Boundary Interpretation was requested by the Kauai Sierra Club, not the landowner, and the landowner did not have any such survey done, nor would they. The Land Use Commission rescinded the interpretation. The rules for shoreline certification surveys state only the landowner or authorized representative can request a shoreline certification survey...

During the summer of 2012 several sections of the fence came down, allowing access again. Beachgoers used the lateral, coastal trail as they always did. Toddlers, mothers with baby carriages, the elderly, bike riders, even someone on crutches. For months there was no response from Laymon.

On December 1, 2012 Laymon re-built the fence, this time extending it dramatically to enclose a two acre area the Kauai Planning department permitted as a "Seabird Protection Area". Thomas Kai'akapu of the DLNR Division of Forestry and Wildlife office in Lihue provided consultation. The same planning department that said the lateral, coastal trail could not be blocked in the SMA permit valid "forever", now grants permission for fencing that blocks the trail in not one, but two places! Of course, the only purpose of the fencing is to keep people off the trail. The seabird protection area is the latest scam to propagate this desire of Laymon and his landlord.

On December 1, 2012 while Laymon was re-building the fence, the Kauai Police Department had three officers there, in an apparent show of solidarity with Laymon. They arrested a 68 year old homeless camper named James Decker aka "Catman"on Waioli property.

Beachgoers leaving Larsen's Beach the afternoon of December 1 noticed multiple pick up trucks in the cattle pasture with guys standing on the beds with long-armed guns (rifles or shotguns) in view of the beach access road. One beachgoer spoke with one of the guys who showed him a dead pig he said he just killed. So this show of guns to hunt pigs on the same day Laymon re-builds the fence is a coincidence? One "hunter" was even parked on the county beach access road with his weapon clearly visible. This apparently was a show of force meant to say "This is mine, public keep out!" Instead of stopping Laymon from violating his SMA permit a for second time, the Kauai Police stood by making sure no one interfered. They also did nothing about all the guns in plain view of the public. The public did not feel safe using this public property resource, the beach. I filed a complaint with the Kauai Police Commission regarding the KPD actions of December 1. The commission  ruled that my complaint that the KPD stood by while a violation took place was unfounded.

I am actively interviewing surveyors and attorneys for resolving this issue in the interest of the public. If you would like to help with your professional services, please contact me, Richard Spacer, at rspacer@yahoo.com

Honolulu Weekly Coverage

A couple of weeks ago, I spent about an hour on the phone with Kauai writer Joan Conrow, who was working on an article about beach access problems in Hawaii. Her cover story for the Honolulu Weekly just came out, and does a very good job of presenting some of the issues. But it's impossible to discuss in detail just how complicated and difficult it is to get any real change in our laws in one magazine article. You'd need a book to do that.

That's because beach access involves state, county and even federal agencies that each oversee certain aspects of shoreline management -- while no single body has authority to make and enforce comprehensive policies to protect the public's interest.

It's all done piecemeal in typical bureaucratic crisis-management style: stuff only gets done after a major catastrophe occurs or a big lawsuit gets settled.

Anyhow, the article is worth reading in its entirety. Here's the link: http://honoluluweekly.com/cover/2012/07/beach-barriers/

Speaking of beach vegetation, below is a photo of Kailua Beach where naupaka has spread over hundreds and hundreds of yards. In some cases, the property owners have been watering the naupaka so that they can extend their property boundaries and keep people away from their homes. I find it ironic and funny that they claim one reason they have locked gates on their beach side lanes is they want "privacy".... and then they install gigantic picture windows that allow anyone on the beach to look into their ostentatious mansions!

Back from Australia...

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...

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 Tenth Day of Gate-mas...

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...

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...

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...

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

On the Sixth Day of Gate-mas...

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...

More KEEP OUT signs:

On the Fourth Day of Gate-mas...

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

The 12 Gates of Christmas

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!

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

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.