DLNR sign modified for KPD?

SUBHEAD: Is KPD influencing the DLNR to modify public access regulations on a whim?

By Kimo Rosen on 20 July 2010 for Island Breath - 

Image above: Modified DLNR sign with "NO TRESPASSING" tape strip added. Photo by Kimo Rosen.

 Update: Tuesday 7/20 With a piece of printed tape someone has altered the sign put up by the Hawaii Department of Land & Natural Resources (DLNR) on public land used as a walkway for people in Kapahi wanting to reach Kapaa. Milton Ching of DLNR (as of 11:07am today) knows nothing of this.

 I find out Tommy Oi, Of DLNR posted the sign, I asked a question, he said call someone else, I say: "I Have been given the go around by others at DLNR". He says, "This is too big", and hangs up in the middle of my next question. Mr. Ching told me on Sunday I could walk the trail and even access it from state land if I could find the boundary separating the KPAL section from the state section? Can someone explain this? See Backdate below.

Image below. Sign documented in original article. From (http://islandbreath.blogspot.com/2010/07/police-block-public-access.html).

[IB Editor's note: Does this sign modification make logical sense? It is listed under the command "GOVERNMENT PROPERTY: NO - " followed by a list of several things you cannot do on the land, like "DUMPING". My reading of the sign is that it ends with "NO - NO TRESPASSING". A useless double negative. More important - how does the "no trespassing" addition comport with HRS 171-6, 171-6.4 and HAR 13-221-3 cited on the sign? In HRS 171-6 it says "No person shall be sanctioned pursuant to this section for the exercise of native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii state constitution". So, if stopped say you are gathering indigenous plants for medicinal purposes. Also be advised HAR 13-221-4 states: "Closing of areas: The board or its authorized representative may establish a reasonable schedule of visiting hours for all or portions of the premises and close or restrict the public use of all or any portion thereof, when necessary for the protection of the area or for the safety and welfare of persons or property, by the posting or appropriate signs indicating the extent and scope of closure." There you go Kimo. You're dangerous.]  

By Kimo Rosen on 8 July 2010 - Backdate: 

Sunday 7/18
There is a knock on my door this morning, I see a man in blue strutting a gun in holster, I think the worst... Who is it?" Department of Land and natural resources officer." He hands me a piece of paper, untitled, "Rights of Individuals." He told me all state land is open to public 24-7, he said there are no pins separating the new KPAL police youth center form state property, and told me it's like walking on the beach.

The Hilton can have a beach in front of it's property, the Hilton is private land but the beach although looks like it's the Hilton's beach is the peoples beach. He also said it is OK to walk on DLNR land, as I suspected they have let people use the trail for years because they know of it's popular usage and is a much safer alternative than Kawaihau or the other trail that is broken payment and runs steep, he also said they will not be putting up no trespass signs as one local lieutenant has stated. He said I should ask the state for something in writing stating allow me access to cross the state property.

The key is finding the boundary, since much state land is not surveyed. He confirmed it is the lieutenant who has the fight with me since I initiated this whole process sending photos of the deliberate trail blockage ordered by one local lieutenant. It was the Honolulu office that ordered local police to clear the land they blocked, hence the local lieutenant in charge gets mad at a little old sick Jewish guy (me) and orders 3 cops, 3 squad cars, 2 video camera's in my face on the first furlough shorthanded day our conty had to deal with. He also confirmed that the reason the cops came to harass me was an anonymous call to KPD, he told me I have the legal right to know my accuser, he believes as I did, it was one of the out of uniform cops landscaping that day. He told me to demand who my accuser is, as is our right.

Mr. Milton Ching the DLNR officer was a true gentlemen, I invited him in we talked well over 30 minutes, before I had to excuse to myself to medicate my diabetes. He said he came because everyone has been sending their office complaint's, he was basically here to tell me to stand up for my rights, I told him I have been, nice having it reinforced by a man in uniform wearing a gun. I will call his boss tomorrow, to see what I can get in writing, in the meantime my rights were highly violated, not only with harassment, but by the cops helping a local man on the same trail home the other night and not arresting or giving him fair warning, that man of course being a relative of the lieutenant in charge. I am siting on pins and needles since everyday we take the alternate routes it makes life much more stressful and dangerous. Below is a letter I have sent to DLNR's Milton Ching
Mr. Ching, Why did you get me excited coming to my residence on a sunday morning telling me I had civil rights and could walk the trail as long as I didn't cross KPAL leased land, but if I could access the DLNR trail from stateland which bordersKPAL, it was totally legal, I only needed a letter from the state Your co-worker, Tommy Oi, two days later tampers with the no camping sign , by posting on a sticker that says no trespassing" When I call Tommy to ask a question, he says Ihave caused enough problems and hangs up in my face. I really thought you were on my side and told my friends what a great guy you were only to be defeated. I blogged about what a great guy you were. See my blog http://dakinetalk.blogspot.com/2010/07/rights-of-individuals.html I cannot fight City Hall, DLNR and the cops, I have 3 chronic illnesses that take most of my time to manage. I hope all of you can look yourselfs in the mirror when eventually a serious accident or death occurs, since the safe alternative trail was shut off to the public. I will be the first to say, "I told you so." G-d Bless, Aloha kakou James "kimo" Rosen
Please sign my online petition to keep a trail on Kauai open for the safety of it's people. http://www.PetitionOnline.com/Kauai123/petition.html and check out my blog:

  See also:
Ea O Ka Aina: Police Block Public Access 7/8/10
Ea O Ka Aina: Hands Across the Sand Westside 6/27/10
Island Breath: PMRF Security out of control 11/16/07 .

1 comment :

KimoRosen said...

Juan, are you a lawyer, brilliant the way you analyzed and tore apart the legalities of this issue?

Paul Curtis of TGI has been working on this story for over a week, I hope it is published in the Garden Island soon.

Paul is actually getting quotes from everyone involved, KPD, DLNR, etc....to see what opposition has to say?

If your not a lawyer, you should be one, after writing the editors note in the above story.

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