Visitors sue gated community
over restricted access to
Hawaii Loa trail

By Crystal Kua
Star-Bulletin

The question of whether gated communities or subdivisions can restrict access to public trails and beaches is the subject of a lawsuit filed this week by four visitors to Hawaii.

Hiking enthusiasts Peter Kalischer and his daughter, Danielle, of Japan and Dan and Eileen MacKenzie of Chicago are suing the Hawaii Loa Ridge Owners Association and the city because they were denied access to a hiking trail above the gated East Honolulu subdivision.

"Hawaii Loa doesn't take the law into consideration," plaintiffs' attorney Maile Bay said.

Hikers wishing to access the trail must stop at the subdivision's security check and a show Hawaii driver's license, sign a waiver of liability and proceed through the subdivision in an automobile and not on foot.

Bay said the law doesn't mandate that those requirements be met before accessing the trail. "This prohibits the rights of access."

When called for comment, the association referred questions to its attorney, Lorrie Stone, who could not be reached.

The lawsuit also names the city as a defendant. "The city endorsed the restrictions," Bay said.

City Corporation Counsel David Arakawa said he has not reviewed a copy of the lawsuit and therefore could not comment on the specific allegations in the suit.

Arakawa said the city is involved because it granted subdivision approval to the developers of Hawaii Loa. A condition of that approval called for the subdivision to provide public access to the hiking trail.

"When you apply for a subdivision, you're required to put an easement for the general public to go across the land to those public features," Bay said. "There are no requirements for identification or liability waivers."

Bay said a number of reasons have been given to hikers when they are denied access.

Bay said state law protects landowners from liability in cases like this so a liability waiver does not have to be signed.

"There's no requirement for a waiver for crossing the land," she said.

Arakawa said the city has tried to resolve the matter with both the association and the plaintiffs, but to no avail because they haven't received an anticipated legal memorandum from the plaintiffs.

Bay said the plaintiffs approached the city a year ago to resolve the conflict. "We basically saw everyone dragging their feet."