Visitor sues city over Hanauma Bay entry fee

By Jessica Webster
Advertiser Staff Writer

A California beachgoer yesterday filed a lawsuit in federal court against the city for charging her and other non-Hawai'i residents a $3 access fee to Hanauma Bay.

Carol Daly contends that the city is violating the U.S. Constitution by unjustly discriminating against people on the basis of their state residency. She also says the city is breaking state law by charging for beach access, and restricting freedom of movement along a public right-of-way.

The suit is the first challenging the five-year city practice of charging nonHawai'i residents a fee. Hawai'i residents are not charged.

"The city has no legal basis to charge people to swim on a state beach," said Daly's attorney, Jim Bickerton. "The beach is like a public road, which shall be free to all. You cannot put up gates or turnstiles and charge people to walk down to the beach and swim."

City Corporation Counsel David Arakawa said in a written statement that the admission fee to Hanauma Bay is necessary for environmental protection and preservation of the bay, and he said the mayor is opposed to charging admission fees to local residents.

"The city's main goal is to preserve Hanauma Bay's fragile and unique ecosystem. ... Faced with the degradation of the nature preserve, the city had to institute a non-resident admission fee program to upgrade the facilities, and provide for staffing of a marine education program.

"Giving preference to kama'aina is a long-standing practice in Hawai'i. We believe charging non-residents is legal, and we will stick by it."

Bickerton acknowledged that Hanauma Bay has experienced crowding problems and environmental damage, but he says those problems do not give the city license to discriminate against visitors.

The suit said the city violated the Constitution "when it discriminated against non-residents with regard to enjoyment of fundamental rights simply because of their residency status."

Bickerton alleges the city has collected in excess of $10 million in fees from visitors since the city began charging in 1996, and he said the money should be returned to the visitors or placed in a fund that will enhance beach access across the island.

"If the city can do it at one beach, what would prevent them from charging a fee at the next beach?" he said.

The lawsuit also alleges that the city can impose only fees that the Legislature has authorized by statute, and it seeks an injunction blocking the city from imposing beach access fees or stopping beachgoers and asking them for identification.