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Oppose Bill 38 and Bill 34 TODAY

21 Oct 2021 12:11 AM | Tessa Gomes Fred and Kate Events (Administrator)

Hi everyone,

Bill 38 (a proposal to ban all commercial activity at Waimanalo Beach) and Bill 34 (a proposal to ban all commercial activity along the North Shore) are being discussed again within the Parks Committee today at 2:30pm. We need to continue voicing our opposition against bills like these that hinder our ability to work on public beaches. 

We are asking everyone to submit opposition testimony by 2:30pm TODAY. See below for simple instructions:

HOW TO SUBMIT: 3 Minutes Max

  • Step 1: Submit written testimony (today, 2:30 p.m. on Oct 21st)    https://www.honolulu.gov/ccl-testimony-form.html?view=form
  • Step 2: Enter in your name, email and the date of the meeting (10-21-21)
    • Enter Council/PH Committee: PARKS AND COMMUNITY SERVICES
    • Enter Agenda Item: Bill 38 and Bill 34
  • Step 3: Enter your position on the Bill - Oppose
  • Step 4: Enter who you are representing - Self
  • Step 5: See buildable letter format below, and copy and paste the relevant sections to create a letter opposing bill 38 and bill 34.
  • Step 6: Complete by agreeing and enter in the security code to send your testimony.
  • Step 7: Sign up for Oral Testimony.

Choose any/all that apply to your view

Aloha Councilmember (insert your Councilmember’s name), 

I am writing to you to ask for your help in opposing Bill 38, as it is currently written, as it proposes to (1) ban commercial activity from Makapu’u to Bellows Beach, and (2) ban commercial activities including recreational stops by commercial tour companies at any time from Makapu'u point to Kapoho point (Castle Point). And also to oppose Bill 34, as it is currently written, as it proposes to (1) ban commercial activity at parks, which is overly broad, and (2) excludes commercial filming on the weekdays at Kailua Beach Park and Kalama Beach Park.

CHOOSE 1, 2, and/or 3. Also feel free to add your own concerns/thoughts:

  1. Banning all commercial activity is not the solution. It is unclear whether a wedding ceremony would be banned as a commercial activity if there is no commercial film permit attached to the wedding. The Parks Department and State already have rules and permitting in place and I support better enforcement of those current rules. 

  2. More clarity is needed as to which entity, State (DOCARE) or City (HPD) has jurisdiction over the beach weddings. Depending on where you stand on the beach - the grassy, park area vs the sand, vs in the water, a different permit is required. I believe this makes it difficult for the State and City to fully communicate the rules with their enforcement officers.

  3. Instead of a full commercial activity ban, clarity is need to better understand what is allowed under the permit and what is not. Currently City permits allow more (such as arch, chairs, teepees, tables) than the State permit (no chairs unless ADA required, no arch), which I believe is the source of a lot of the confusion for businesses and for enforcement. 

CHOOSE as many of the following as you support. Also feel free to add your own concerns/thoughts:

Here are some possible solutions I'd like to offer:

  1. Modify the City & County permits for weddings to be more similar to the State DLNR Right of Entry permit. DLNR Right of Entry permits allow for (2) hours usage.

  2. Provide a clear line of jurisdiction for weddings to take place on the beach under the current permitting system.

  3. Modify the permit schedule, perhaps (4) weekdays excluding holidays.

  4. Continue to allow decor set up such as arch, chairs, teepees, tables in City park grounds only - with no set ups beyond the vegetation line on the sand. 

  5. Create a path for stewardship fees to reach the community to support their town’s resources.

I truly believe that a complete ban of commercial activity is not the right answer. There are many workable solutions that can be a win-win for our businesses, residents and communities. As a business owner, I believe in following the rules, and I believe that having the opportunity to work on our beaches is a privilege. I commit to keeping my footprint as small as possible, and will leave the beach exactly as I found it, if not better. I can support better management and enforcement of permitted commercial activity on our public beaches, however, as it it currently written, I oppose Bill 38 and Bill 34 at this time.


Your Signature

Your Name
Your Business
Your Contact Info

Please help us oppose these bills - we need everyone's help!

Your OWA Board,

Joseph Esser, President
Susan O'Donnell, Vice President
Natalie Christensen, Secretary
Tessa Gomes, Treasurer
Kristin Kato, Member at Large
Aerin Vanhala, Member at Large
Toshi Naksone, Member at Large
Stephanie Le, Member at Large




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