Kokua Line

By June Watanabe

Tuesday, April 7, 1998


City sees no great need
for Portlock beach path

Why is there no public access along Portlock Road to the beach? Every pathway has a sign up that says private property. Isn't there a law that says there should be access every few yards?

The law says all beaches in the state are public and there should be reasonable public access.

For Portlock, the city administration will not pursue creating a public path because it believes only a few people would be interested in getting to a "marginal" beach and that the public has access to many other beaches on the island.

Portlock beach access is a controversial subject, highlighted by a legal battle over a gate that was built to prevent people from walking down one of the private lanes.

Last July, the Hawaii Supreme court upheld a 1994 arbitrator's ruling in favor of Bert and Santy Dohmen-Ramirez, who built the gate, and against their next-door neighbor, Jay Freis, who tore down an earlier one they had installed.

The access issue is relatively new. In the old days, there were public paths "all the way up and down between every (Portlock) lot" adjoining the beach, city Managing Director Bob Fishman said.

The Portlock Community Association has long encouraged "all its members to permit the public to have access to the ocean down the various rights of way without any hindrance," said association President James Leavitt.

If people are "creating nuisances or engaging in any criminal activities, those problems should be addressed by the proper authorities rather than restricting access to the users of the lanes," he said.

There are two access points at issue, Fishman said: One to a "more substantial beach" at the Diamond Head side of Portlock, and a "much less substantial" beach that's submerged at high tide, near the gate.

The administration has decided there is access to the better beach, even without a public easement.

"The controversy is over the lesser of the two beach areas because it sort of grew out of a personal dispute between two landowners," Fishman said. So the question was whether to create a public path to "where the beach is very marginal and which, at most, could only accommodate a dozen people," Fishman said. Surfers do use that beach, but "it's not the only access they have."

It was decided not to build a public pathway, based on priorities, money and accessibility to other beaches, he said.

There are some teen-age boys in our neighborhood playing with paint-ball guns. Are minors allowed to use them? If yes, where are they permitted and under what circumstances? These boys have been using city trees, trash cans and street signs for targets. These are not harmless toys. I have seen the damage they create.

If people -- minors or otherwise -- are shooting at private or public property and causing damage, that would fall under criminal property damage, and you should call police at 911.

But your question has prompted police to confer with city attorneys to determine what laws, such as those regulating air guns, might also cover paint-ball guns, a spokeswoman said. No determination has yet been made.

Mahalo

To Kipapa Elementary School staff and teachers. We attended the school's fantastic Curriculum Fair. Students are doing exciting work. -- Kipapa parent

Auwe

To police who don't ticket illegally parked cars. The city says it has no money and must cut this and that, but it does little to ticket illegal parkers and get more revenue. (Note: Actually, the state gets the revenue from traffic fines.)





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