Ruling OKs $3 A federal judge has ruled that the city has the authority to charge nonresidents a $3 admission fee to Hanauma Bay Nature Preserve.
Hanauma tourist fee
A federal judge says the nonresident
fee is legitimate to maintain the bayBy Debra Barayuga
dbarayuga@starbulletin.comU.S. District Judge Alan Kay said yesterday that the fee was reasonable to "achieve the city's legitimate interest in operating and preserving Hanauma Bay."
He also ruled that the fee is not a tax, an important issue because the city is not authorized to levy new taxes.
Attorney Jim Bickerton, who represents a class of nonresident plaintiffs, said they will continue to maintain the city cannot charge anyone for beach access.
"The judge decided that the Hanauma Bay fee is legal under Hawaii law and doesn't violate the Constitution," he said. "We respectfully disagree and will take this up on appeal."
Since March 1997 the city has been assessing a $3 entrance fee, down from the $5 assessed in 1996 for six months, to nonresidents 13 and older. All park-goers, resident and nonresident alike, pay $1 for parking.
The admission fees are deposited into a special fund that is used for operation and maintenance, education and orientation programs, studies on carrying capacity and, if funds are available, the maintenance of four other park sites deeded to the city by Bishop Estate in 1928.
California resident Carol Daly represents plaintiffs in a class-action suit filed in July 2001 alleging that the nonresident fee discriminates, is illegal and restricts freedom of movement in a public place.
Bickerton had argued that the fee is an unauthorized tax.
However, Kay agreed that the city had met a three-part test to show the $3 was a user fee, not a tax.
The city had argued that the $3 fee applied to the direct beneficiary of the park's services, was used to directly pay for costs to operate and maintain the bay and was reasonably proportionate to the benefits received by the users.
Kay called the $3 entrance fee an "incidental impediment" and not a significant penalty on the plaintiffs' freedom of movement.
He had ruled in June that the admission fee did not violate Hawaii laws that grant free access to roads and beaches, nor did it violate First Amendment rights to free speech and association.
Because state taxpayers already contribute to such services as fire and police protection that benefit Hanauma Bay, exempting residents from admission fees is appropriate, Kay said.
Kay also ruled that the admission fees must be used solely for the operation and maintenance of Hanauma Bay and should not be used toward maintaining nearby Koko Head District Park, Maunalua Beach Park, Koko Head Botanical Garden and Koko Head Rifle Range.
Mayor Jeremy Harris, in a statement, said the city is pleased with the court's ruling and that the judge ruled correctly.
"The city has always been and remains committed to preserving Hanauma Bay," Harris said. "Today's ruling will allow us to do that for generations to come."
Bickerton said if the city is going to charge users of Hanauma Bay, it should charge everyone. As it is, "the burden is on nonresidents."
Bickerton said the ruling will affect the visitor industry. "What will happen to the tourist industry when people find out that tourists not only get charged a lot for everything else, when they have to pay to go to the beach?"
According to Alan Hong, Hanauma Bay manager, there was a very slight drop in visitor counts since the fees were cut to $3 for nonresidents from $5.
City & County of Honolulu
