Clarify rules on activities at Oahu’s beach parks

Most weekend commercial activity was banned last year at two of Kailua’s most popular beach parks, but the City Council went ahead later with a stronger measure that effectively banned all commercial activity at all city parks and beaches on Oahu. This unintended consequence is now threatening the cancellation of some popular fundraising events, and the Council must act quickly for an exemption to undo this mistake.

A ban on commercial activity from Saturday afternoons to Monday morning went into effect last July at Kailua and Kalama beach parks. The Council then unwisely — and cognizantly, as three of the members voting yes in the 7-2 final decision did so "with reservations" — extended the ban to all parks at all times.

Then-Mayor Peter Carlisle vetoed the measure, saying it would create "a precedent of closing our beach parks to all commercial activity and affects people’s ability to earn a living, whether or not they contributed to the problem." He explained that most of the commercial activity at the popular beach parks at Kailua was already illegal under the ordinance that had just taken effect. He was right, but the Council proceeded to override the veto anyway.

As a result, this year’s nonprofit Pineapple Festival, held in Wahiawa in May, as well as the Haleiwa Arts Festival, will be cancelled unless a change is made. A city parks official told the Star-Advertiser’s Gordon Y.K. Pang that the Honolulu Marathon, the Lantern Floating Hawaii and various ethnic festivals also may have to be scratched.

Other activities have been threatened by the broad ordinance, including rentals of inflatable bouncing play equipment popular at children’s beach parties and commercial food trucks that are relied upon along the North Shore.

Council Chairman Ernie Martin said the intent of the ordinance "was never for it to be used (or) applied broadly," despite Carlisle’s warning. Martin now wants new Mayor Kirk Caldwell to consider a moratorium on enforcing the law, at least as it relates to nonprofit events at city parks.

The Council is backpedaling with a proposal to make it easier for nonprofit organizations to hold fundraising events at city parks. The sweeping ban has created problems for nonprofits that rely on profit-making vendors to provide food or other goods and services. Martin says the new bill is designed to "remedy unintended consequences."

Gary Cabato, Carlisle’s parks director and now executive assistant to director-designate Toni Robinson, says chances are good that a moratorium on implementing the mistaken ordinance can be put in place. Indeed, the Caldwell administration should signal to organizations that their festivals and other gatherings will be allowed on beaches as they have in the past.

Cabato said after the faulty ordinance took effect that the city should resurrect a systematic way of providing oversight in how activities may be approved at city parks, with the public taking part, instead of reliance on a sweeping ban. Especially on beaches, the city should find balance among differing interests.