Mills Beach battle
It was 10 years ago that the couple that owns the path down to Mills Beach got the surfers and beach-goers protesting by Pinky’s Store at Papaikou — because they had blocked people’s access to the beach.
A few surfers were arrested because the path was “private property.” Afterward, the private owners have usually allowed limited access — yet often harass beach-goers. (The community at Papaikou tell many ugly stories.)
We worked with three organizations: Surfrider, the Sierra Club and Global HOPE, to fulfill the Hawaii state law that county governments … shall purchase public access to the beach/ocean.
It was a long, demanding struggle: We held six public hearings, including one before the full County Council where 270 attended and over 40 testified in support of public access (three against). It took us two years — but finally, we won. The County Council voted to condemn the path to grant the public legal access to Papaikou Beach.
Yes, it was in 2012 when we finally won. And to top it off, an official assessment of the estimated cost of buying the pathway to the beach from the couple who own the property came in at just $38,500. Very doable. It looked like “we the people” were finally going to achieve our legal right.
But then nothing happened. Under Mayor Billy Kenoi, the county lawyers never took it to court to purchase the public right of way. The couple made campaign contributions. And several people reported that the couple have friends among players in the county government who just didn’t want to take the next steps toward realizing the public’s legal right to access.
And so we have waited. It has been eight years since we “won.” But now our story gets gnarly. Judge Henry Nakamoto, in Hilo, granted the property owners their wish: a dismissal of the county’s case for access.
Really? Do we ignore the 5,600 people who petitioned the county for access? Do the testimonies of oppression by the people of the Papaikou community mean nothing? Do the hundreds who attended hearings in support of Hawaiian gathering rights and public access mean nothing? Are the lawyers and the many members of the three organizations that supported legal access unimportant? Are the votes of the County Council members who found in favor of the public to be dismissed?
These days, the national news is grim. Are the wealthy able to buy legal victories that oppress the intent of both the law and the will of the public? But with this judicial decision, it feels like the ebbing of democracy and justice is also right here in our own back yard.
So we will have to do this fight again. Really?!
Noelie Rodriguez
Hilo
Electoral college
Let us celebrate the electoral college. No matter how we vote, of course we will get the best.
Geoffrey Martin
Honokaa
