A hawker’s return to Diamond Head State Monument just one day after he was cited for unauthorized commercial activity illustrates the difficulty that the state faces in trying to curb the practice.
State officials said they caught Christopher Barclay starting to hike back up
Diamond Head monument Friday morning. Officers from the Department of Land and Natural Resources Division of Conservation and Resources Enforcement (DOCARE) arrested him on a 2015 bench warrant. The warrant was issued after Barclay failed to appear in court to answer an earlier charge of soliciting and sales on DLNR land.
Barclay was cited Thursday for allegedly “soliciting business by setting up a
vendor station” and offering $5 certificates to people “who’d successfully ascended Diamond Head
crater,” DLNR said.
Because Barclay’s history with DLNR includes several other related cases, law
enforcement officials suspected that he might return to Diamond Head State
Monument.
DLNR State Parks Division Administrator Curt Cottrell said, “This individual was extremely argumentative when cited yesterday, and despite previous citations he’s continued to thumb his nose at the law.”
Barclay could not be reached for comment.
DLNR spokesman Dan Dennison said commercial activities in state parks can be conducted only via a lease, permit or concession, usually authorized by the Board of Land and Natural Resources. Only two entities — the nonprofit Pacific
Historic Parks and a food vendor — are currently
authorized to do business
at the park, he said.
The nonprofit’s shop, which sells certificates for $2.50, pays a percentage of its gross receipts to the states parks division. The food truck vendor, which
obtained its spot through a competitive bidding process, pays a fixed rate.
Following Friday’s arrest, Barclay was booked by the Honolulu Police Department. Since Barclay was cited by DOCARE for a criminal violation of state rules, he will have to appear in Honolulu District Court. The criminal penalty for violating state park rules is a petty misdemeanor. Violators can face up to 30 days in jail and fines.
Waikiki resident Stephany Sofos praised DLNR’s persistence and said authorities need to stay vigilant when
it comes to protecting
Hawaii’s natural resources.
“What does it take for people to get that they have to adhere to laws? It’s not fair for him to go out and make money off of Hawaii’s biggest icon without a permit,” Sofos said. “People who aren’t sharing in the upkeep and maintenance of these parks shouldn’t be able to use them for personal gain.”
Cottrell said numerous people have asked the state to shut down unauthorized commercial activity at Diamond Head State Park. Linda Wong, a member of the Diamond Head neighborhood board, said residents have been complaining to elected officials about the
issue for years.
“They’ve tried to stop it before, but it’s like a cat-and-mouse game,” Wong said.
Sofos said she hopes the crackdown there will help deter the practice in other parts of the island, too.
“There are similar issues at Kapiolani Park, where illegal surf schools and fitness classes are popping up,” she said. “When violators aren’t stopped, it encourages others to try and get away with it, too.”