Charging admission to zoo violates charitable trust
Preservation group, city powers shouldn't be blamed for refusing to compromise
By Allen Voronaeff
The Kapiolani Park Preservation Society would like to clarify its position on the issue of Honolulu Zoo admission fees. We would have no objection to the charging of an admission fee to the zoo - if it did not breach the Kapiolani Park Trust, which was established in 1896. The agreement between the Kapiolani Park Association and the Republic of Hawaii placed private property of the association into a charitable trust.
The aim was two-fold: for the park lands to remain a place of natural beauty and ornamental landscape, and to ensure a free public park and recreation ground for the benefit of residents and visitors.
The trust's documents clearly state the limiting and prohibitive conditions, and the powers granted to the trustees to perpetually ensure the intent of the trust.
There is no question that the trust's primary intent is to provide open space in a park-like setting, with no admission fee to the grounds, for the public enjoyment of nature.
Secondarily, the trust authorizes the trustees to permit, at their discretion, "special events" limited to entertainment, exhibitions and competitions.
Additionally, the trustees are authorized to permit the managers of "special" entertainment and exhibitions, but not competitions, to charge admission.
The Hawaii Circuit Courts have ruled that the word "special," in this case, means less than two weeks in duration.
The charging of the zoo admission fee did not become relevant until the courts ordered the Kodak Hula Show to stop charging admission because it was an ongoing entertainment and was not "special" entertainment, as defined in the court rulings.
The society is persuaded that the charging of an admission fee to the grounds of the zoo area of Kapiolani Park is thus a possible breach of the trust.
Therefore, our issuance of a cease-and-desist letter to the trustees of the Kapiolani Park Trust is the proper avenue to call attention to our concerns.
The current question of moving the zoo and resultant feasibility study is unrelated to the zoo admission fee issue.
The request for $61 million before the City Council, made by the city administration for exhibit expansion within the confines of the present zoo site (while consultants recommend nearly 10 times that area for successful implementation for the type of exhibit planned), prudently prompted the Council's request for further study.
The necessity of charging an admission fee should be a consideration in the selection of any site for the zoo. The society has never advocated moving the zoo and has always considered it to be a desirable buffer between Waikiki and the rest of Kapiolani Park.
In light of the clearly defined dictates of the trust and the vital need to preserve this priceless resource, it is puzzling that anyone would question the efforts of those responsible for compliance.
If not puzzling, it is somewhat questionable that one might even suggest that the society, the city administration, the trustees and the courts should compromise their integrity and credibility, or that the trust should seek loopholes or other means to overlook the trust provisions to satisfy the self-serving needs of the city, groups or individuals.
The society stands by its commitment to the Kapiolani Park Trust and the preservation of Kapiolani Park. We will never succumb to political pressures or selfish demands.
Allan Voronaeff is president of the Kapiolani Park Preservation Society.
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