honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Saturday, August 3, 2002

Portlock beach path unblocked

By Suzanne Roig
Advertiser East Honolulu Writer

HAWAI'I KAI — The gate that for years blocked access to the popular surfing spot called Seconds is gone.

Portlock resident Jay Freis and his nephew, Joey Freis, were using the pathway to the Seconds surf spot Wednesday after the removal of a locked gate put up by a resident who has since moved. The access is on private property.

Deborah Booker • Honolulu Advertiser

Also gone is the acrimonious debate that pitted tradition and the state-guaranteed right to public access to the shoreline against one resident's right to privacy, and dominated the agenda in the Portlock Road area since the mid-1990s.

Bert Dohmen-Ramirez, the homeowner who erected the gate six years ago after complaining that his family's safety and privacy were jeopardized by people using the access adjacent to his property, has moved. When he left more than a month ago, the controversy went with him.

Today, word that the access is open again is still making the rounds of surfers, fishermen and others.

The Dohmen-Ramirez property is for sale, but to ensure there are no such problems in the future, city officials will continue to negotiate with him to acquire title to the dirt pathway next to his beachfront land, according to Carol Costa, city spokeswoman.

The wrangling comes at a time when there is wide acknowledgment that access to the ocean is being limited more and more, and surfer James Kirk was pleased that the city is trying to ensure public access.

"The fear is never over," said Kirk. "It's a temporary situation now. It won't be resolved until there's a public lane there. Even though we've been able to go through there freely (recently), there's always the fear that it won't always remain that way."

Tempers soared over the gate erected by Dohmen-Ramirez, who could not be reached for comment for this story.

Surfers and fishermen had to hop over the gate to get to the water or go elsewhere. Residents petitioned and testified at community meetings and at City Hall. At one point, after a lock appeared on the gate, City Councilman Jon Yoshimura showed up with a locksmith to cut the lock and got into a shouting match with the homeowner.

All the while, the city was trying to negotiate with Dohmen-Ramirez.

The pathway is owned by three property owners. Among them, only Dohmen-Ramirez wanted to restrict access.

Dohmen-Ramirez has said he didn't want to deprive anyone of access to the ocean, just wanted them to use another accessway on the other side of his property. However, those accessways lead to rocks at low tide and are covered by water at high tide.

There are 18 accessways on Portlock Road, but only four, including this one at 377 Portlock Road, that may be considered public rights of way, according to a state study done in 1990.

This beach accessway leads to one of the few sandy beaches on the easternmost end of Maunalua Bay. Surfers use it to get to a surfing spot called Seconds. Because of its popularity, Dohmen-Ramirez continually complained about noise and safety concerns.

At one time a compromise was tentatively agreed to by the property owner and the city, but the community opposed it and the Hawai'i Kai Neighborhood Board voted it down.

Jay Freis, a neighbor of Dohmen-Ramirez, said he was saddened to hear that the city was pursuing condemnation with his neighbor. He felt it was unnecessary, as the status quo was working fine.

"Before my neighbor arrived, everything was pleasant and nice and there was no reason for limiting access," Freis said. "It's been open forever. I have no problem with people walking down my driveway to the ocean as long as they are respectful of the fact that it's a private driveway and not a public road."

Freis said beachgoers all take care of the beach by picking up trash, and even trimming the hedges leading to the pathway.

"It's a pleasant neighborhood. Low-key," Freis said. "I don't think it needs the government to come in and post signs because everyone is ... (exercising) individual responsibility."

Reach Suzanne Roig at sroig@honoluluadvertiser.com or 395-8831.