A city law that took effect last summer has all but canned this year’s nonprofit Pineapple Festival in Wahiawa, and the Haleiwa Arts Festival will also have to be scrapped unless a change is made.
Because of the for-profit aspects of these and other annual activities at city parks, including the Honolulu Marathon, the Lantern Floating Hawaii event and various ethnic festivals, the events might have to be nixed, a city parks official said.
But that all could change under a bill making it easier for nonprofit organizations to hold fundraising events at city parks. The City Council Parks Committee gave preliminary approval to the bill Tuesday.
The measure comes in response to a law that took effect last year that bars all commercial activity at all Oahu parks under the city’s jurisdiction.
Originally intended to bar commercial activity only at Kailua Beach Park and nearby Kalama Beach Park, city attorneys concluded that the new law applies to all city beaches and parks. That means all commercial activity — from kayak tours to catered events to yoga classes — are no longer allowed at city parks and beaches.
Nonprofit groups that rely on profit-making vendors to provide food or other goods and services were left scrambling. Former Parks Director Gary Cabato, now executive assistant to parks director-designate Toni Robinson, said some volunteers for the nonprofits dispensed food themselves or distributed food that was prepaid.
Bill 5 (2013), introduced by Council Chairman Ernie Martin, would carve out an exemption for nonprofit organizations and include for-profit vendors that participate in their fundraising events.
The Council’s intent with the law that took effect last year "was never for it to be used applied broadly," Martin said. The new bill is designed to "remedy unintended consequences," he said.
While the bill moves through the Council, Martin wants Mayor Kirk Caldwell to consider a moratorium on enforcing the law, at least as it relates to nonprofit events at city parks.
Cabato said he was not privy to Martin’s conversation with Caldwell, but said chances are good a moratorium can be put in place.
Scott Harada, general manager of Dot’s Restaurant in Wahiawa, said the Wahiawa Historical Society chose to not hold this year’s festival, which is typically held in May, in light of the new law. Harada said, however, that a moratorium, as proposed by Martin, would clear the way for him to approach the society about renewing efforts to hold the festival with the support of other Wahiawa leaders. Dot’s helps organize the vendors for the event.
Waiting for a bill to pass "would be cutting it a little bit close," Harada said.
Kathleen Ells, president of the Haleiwa Arts Festival board of directors, urged Parks Committee members to support the bill. The once-a-summer festival, which features dozens of local artists and their crafts, would not be possible without an exemption, she said. "It’s not an everyday thing," Ells said.
Several members of the Kailua community who had pushed for the commercial ban at Kailua Beach said they understand the concern over nonprofit events and activities but cautioned about creating loopholes allowing kayak rental companies or other businesses to work behind a nonprofit group.
One suggestion made by Kailua Neighborhood Board Chairman Chuck Prentiss and several others to stop businesses from abusing the law is to amend the bill to allow people or groups seeking a nonprofit exemption to apply for a limited number of events each year.
