Ka'anapali vendor in violation, suit says

By Timothy Hurley
Advertiser Maui Bureau

WAILUKU, Maui — Ka'anapali may have recently been declared America's best beach, but a lawsuit claims the famous stretch of sand is seriously flawed — by the blight of a beach equipment rental business.

Three Ka'anapali condominium unit owners filed the suit in Maui Circuit Court, charging Dave Flavin, owner of Maui Beach Club rentals, with violating a court order prohibiting solicitation on the beach.

The suit by Charles D. Fox III and Anthony T. and Susan B. Ligara, owners in The Whaler condominium, seeks an injunction to prevent Flavin from continuing his business renting kayaks, boogie boards and other gear on the beach in front of the condo.

Flavin was one of two beach vendors targeted in a 2001 lawsuit brought by the Ka'anapali Beach Resort Association, which had hoped to set the precedent allowing state regulators to clear the beach of a growing number of vendors.

But instead of banning the operations from the beach, 2nd Circuit Judge Joseph Cardoza merely ordered the removal of signs that advertise their services.

The new suit claims Flavin is violating Cardoza's order by, among other things, continuing to display signs that advertise the business. The suit also claims Flavin failed to obtain proper permits and is violating current regulations for commercial use of Ka'anapali.

"My clients are tired of the lack of enforcement," attorney Isaac Hall said yesterday.

But Flavin, who operates four rental locations and two water trampolines along Ka'anapali Beach, said he has "followed the letter of the law" since it was laid down by Cardoza two summers ago.

Flavin said the suit likely is payback for moving his tent in front of The Whaler. That occurred several weeks ago, he said, only after strong waves washed away part of the beach where he used to pitch his tent.

"They think they own the beach," he said.

Meanwhile, Gov. Linda Lingle is continuing to review a new set of Ka'anapali commercial activity rules approved by the Board of Land and Natural Resources in March.

The regulations, developed following a shoreline survey that identified the boundaries of the five-mile-long beach, are designed to tighten the existing rules. Among other things, they require vendors to obtain an additional permit.

Chip Bahouth, general manager of the Sheraton Maui Resort and president of the Ka'anapali Beach Resort Association, said the group is hoping the governor signs the rules to allow for stricter enforcement.

"Right now it's a circus," he said. "Some operations are putting up tents in three and four places on the beach."

Ka'anapali last week was named the country's top beach in the annual list compiled by Stephen Leatherman, director of Florida International University's Laboratory for Coastal Research.

Reach Timothy Hurley at 808-244-4880, or e-mail at thurley@honoluluadvertiser.com.