Mayor Rick Blangiardi on Tuesday signed into a law a measure that bans all commercial activities, except those involving the film industry, on city-managed beach parks from Waimanalo to Makapuu.
He said he originally thought Bill 38 was too strict, but after hearing about the high level of commercial activity that had moved into Waimanalo after a similar ban was implemented in Kailua in 2011, he decided it was necessary.
“This is not an all-or-none situation,” Blangiardi said. “We can balance the rights of our local residents, respect our natural resources and support our local businesses if we work together on an islandwide solution, and I know we can do better,” Blangiardi said.
The City Council on March 16 voted 7-2 to pass the bill. Council member Esther Kia‘aina introduced the measure to address the issue of crowds and over-tourism on Waimanalo beaches.
“My job was to help in addressing the concerns by the community that they wanted relief so that they could enjoy their beaches and quality time with their families,” she said.
Kia‘aina explained that the film industry was excluded from the ban because those activities are regulated by the state’s Hawaii Film Office, and she has heard from the Waimanalo community that the industry has done a good job managing itself.
However, one economic segment that would be hit hardest by the new law is the wedding industry.
Oahu Wedding Association President Joseph Esser was frustrated that the law completely bans commercial activity in the area instead of setting limits that would still allow the businesses to operate to some extent.
“Our whole premise the whole time was let’s find out how to balance this across the entire City and County of Honolulu so no one place is being overwhelmed,” he said. “Reduce the number of permits, reduce the usage, so you can control it.”
Esser added that he lives on the Windward side but can no longer do business close to home in either Kailua or Waimanalo.
“I have to now take my clients to, like, maybe Magic Island to do a photo shoot. There’s no beaches that are accessible anymore in my own community,” he said. “It’s sort of disgusting to know that I can’t work in my own community.”
For now, photographers and videographers will still be able to get permits from the Department of Land and Natural Resources to operate below the high-water line, an area controlled by the state and not the city. People can apply for permits on the DLNR website to conduct commercial activity at places such as Erma’s Beach and Waimanalo Bay Beach Park, also known as Hunananiho.
However, Kia‘aina is urging city Parks and Recreation Director Laura H. Thielen to request that the state align its Wiki Wiki permitting system with the city restrictions.
Kia‘aina pointed out that 35% of all permits granted through the Wiki Wiki permitting system were for the Waimanalo area.
“The fact is that Waimanalo beaches were disproportionately impacted versus the rest of the island,” she said. “It goes back to the over-commercialization of our land and natural resources.”
Kia‘aina acknowledged that Bill 38 will hurt the wedding and photography industry and said she is committed to continuing to work with those businesses “to find the right balance.”
Bill 38 went into effect upon the mayor’s signature, although permits approved before Tuesday will be honored.
