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The Honolulu Advertiser
Posted on: Sunday, March 23, 2008

Court ruling halts illegal camping citations

By Will Hoover
Advertiser Wai'anae Coast Writer

While police on the Wai'anae Coast have been cracking down more on rule violators in public parks, one thing they haven't done is issue an illegal camping citation since Nov. 16 — the day the Hawai'i Supreme Court struck down the city's camping law.

"Our challenge was very specific to the statute — that it cannot be used to get people out of the public parks under the guise of camping enforcement, because the definition was too broad," said Deputy Public Defender Deborah Kim.

Kim successfully argued before the state Supreme Court that Marie Beltran's arrest for being on the beach at Mokule'ia without a camping permit was invalid because the city's camping regulations were too vague.

Dawn Spurlin, deputy Corporation Counsel for the city, has now been given the task of rewriting the city's camping laws.

"Based on the court's decision, we're reviewing and rewriting to address the court's concerns," said Spurlin, who wouldn't speculate on when the work might be finished. "I'm still working on it. It's extremely difficult."

Until the work is complete, "we're unable to enforce any rules directly related to camping — either camping with a permit or people camping in parks not designated as camping areas," said Maj. Michael Moses, who heads HPD's District 8, which includes the Wai'anae Coast.

Lester Chang, director of the city Parks and Recreation Department, said the Supreme Court ruling has presented challenges. For one thing, it has forced officials to find other ways of dealing with large numbers of people staying in a park for an extended period.

"The only tool that we're using now — in addition to all the existing laws and park rules that are defined and clear — is if a park has established closure hours then it is off limits to the public, and city authorities are allowed to enforce those restrictions."

Chang said police understand that people have a right to beach access, and they will not stop anyone moving across a closed park to get to a beach. But if they stop to hang out, or to pitch a tent, they can be cited — not for illegal camping, but for illegal trespass.

Reach Will Hoover at whoover@honoluluadvertiser.com.