Legislator clears blocked
Kona beach path

The removal of a state lab's
obstacles via bulldozer wins praise

---

By Rod Thompson
rthompson@starbulletin.com

KEAHOLE, Hawaii >> Trouble was brewing on the peaceful shores of North Kona.

For months the state's Natural Energy Laboratory of Hawaii had blocked vehicle access to the popular "Pine Trees" beach and surfing site.

Last Friday came the showdown.

Armed with a bright yellow front-end loader, state Rep. Paul Whalen (R, South Kona-North Kona) and his soil-digging business friend Mark Jernigan took on the road-blocking boulders of the "bureaucrats." Resolutely pushing the rocks aside, Whalen and Jernigan allowed beachgoers' cars to boldly drive where they had once freely driven before.

Telephone calls of complaints turned to calls of praise, said Rep. Jim Rath (R, North Kona-South Kohala), who supported Whalen's move after receiving up to 40 complaints a day.

Tom Smyth of the state Department of Business, Economic Development & Tourism said the boulders originally were placed during construction, then retained as post-Sept. 11 security for the energy lab.

After Whalen's and Jernigan's action, on-site administrator Jeff Smith decided to leave the shoreline road open during the day unless a new threat materializes, Smyth said.

If the public is more concerned about beach access than terrorism, "we're probably in pretty good shape," Smyth said.

Whalen said blocking the unpaved shoreline road, which is some distance from the energy lab, never made sense as an anti-terrorism measure. Any terrorist would use the paved road that leads directly to the lab, he said.

Smyth said a state guarantee of beach access never meant vehicle access.

A month before Whalen's so-called front-loader "showdown," Rath wrote to Smyth stating, "Nobody in Kona wants a fight over this." But, he added, "I have the equipment and manpower to move the boulders and bury the pipe (another obstacle in the road)! And, If need be, I will do so."

In the end, Rath was in Washington on showdown day, at a meeting of legislators with President Bush.

But he left the direct-action response in the hands of Whalen, who, besides being a legislator and a lawyer, Rath noted, also is a heavy equipment operator.