Posted on: Wednesday, November 3, 2004

Suit seeks to bar Big Isle surf classes

Associated Press

HILO, Hawai'i — A group of surfers is suing the state and Hawai'i County to prevent officials from issuing permits to surf instructors at Honoli'i Beach Park.

The lawsuit filed in Circuit Court says surf instructors are operating illegally and interfering with recreational surfing. The lawsuit also contends the surf spot has reached "a critical condition" because of crowding, and the surf classes are dangerous to lifeguards and surfers.

"We want to do the right thing and we want to do it for posterity," said Hilo attorney Stan Roehrig, who isn't charging the surfers for his legal services.

The plaintiffs are Charles Kaili, Ellis Kilohi Hong, Kai Dixon and Adam Escobar, who say Honoli'i is "the most consistent, accessible and safest surf break in all of East Hawai'i."

Pat Engelhard, director of the county Department of Parks and Recreation, said she doesn't like commercial activity at public parks.

"However, I can recognize that these things go on and they've been going on for years," she said. "We have no enforcement arm except the police and they are busy doing other things."

Nancy Murphy of the state Department of Land and Natural Resources has said she would recommend that the state not issue permits for Honoli'i, Engelhard said.

The lawsuit contends commercial surf instruction isn't an identified land use at Honoli'i and would require an environmental assessment and a shoreline area management permit. It also alleges that engaging in a business activity in a county park is forbidden by the Hawai'i County Charter.

Corporation Counsel Lincoln Ashida said he wishes the dispute was handled without a lawsuit.

"At least it's going down a peaceful path," he said. "We will abide by whatever the court directs."