Two groups of people with differing views of who should be allowed access to Waipi‘o Valley think an event today at the Waipi‘o lookout will remain peaceful, although disagreements have led to tension in the past two weeks.
Malama I Kai ‘O Waipi‘o, MaKa for short, has called for a gathering at 10 a.m. at lookout, asking attendees “to wear blue to show your love for the ocean,” according to a statement by the organization.
MaKa, composed mainly of surfers, anglers and ocean-users, has an active suit against the county and Mayor Mitch Roth over access to the road, which Roth shut down to all but a handful of people by emergency declaration on Feb. 25. The county said those who use the steep road, which can be driven only by four-wheel drive, are in danger of injury or death by rockfalls.
The other group, Protect Waipi‘o Valley, comprised mostly of valley residents, is unhappy about a second emergency proclamation by Roth on Sept. 19 that, in theory, opened the steep county road to Hawaii Island residents, Native Hawaiian practitioners and licensed tour operators.
Since then, Protect Waipi‘o Valley has operated what they call a “kupuna checkpoint” at the lookout, stopping motorists seeking to enter the valley and asking those who don’t live or farm down there to turn around.
“We’re looking to change the public perception,” said Steve Strauss, MaKa’s attorney, who is also a plaintiff to the lawsuit. “So far, all folks have seen is other people occupying the lookout, airing their grievances. What we wanted to do is change the perspective and have a gathering of people who support ocean access. … We’re not about excluding anybody. You know, we value Waipi‘o. We value the ocean. And we want to come together to see that there is support for ocean access.”
Darde Gamayo, a valley resident who helped to organize the checkpoint, takes issue with descriptions of the 24/7 stopping of cars at the lookout as a blockade of the road.
“It’s not a blockade. It’s a kupuna checkpoint,” Gamayo said Friday. “And the main purpose of the kupuna checkpoint is to say, ‘What is your kuleana down in Waipi‘o?’ And if you’re not a resident, they’re just asking you to wait until we can get it sorted out. And that’s what we’re asking surfers, too. Not forever, but for a little while, until we get answers.
“A couple of the surfers decided, no, that they were still going to go. So, we let them go. It’s not hostile; it’s kupuna.”
Gamayo said she and Protect Waipi‘o Valley members also will wear blue today.
“We support beach access, so we’ll wear blue,” Gamayo said. “The main thing is, we’re not here because of beach access. We’re here about the county road and wanting answers on the county road. That’s what the kupuna checkpoint is all about.
“We want the mayor to come to the table and tell us why, seven months ago, the road was unsafe and only open to residents and farmers. But all of a sudden, there’s a lawsuit, they went to mediation —and suddenly, it’s OK for any Big Island resident with a valid Hawaii Island driver’s license. And the tour companies can start up again. But nothing has been done in the last seven months to make the road any better.”
In a statement, MaKa described the actions by Protect Waipi‘o Valley “a violation of constitutional rights.”
“Ocean access is vital to the health of our communities and is a protected right. To base public ocean access on land ownership sets a dangerous precedent for like-minded individuals who look to privatize certain areas of the island,” the statement said.
“If somebody comes and insists that they’re going to go down, we’re going to let them go down,” Gamayo said. “But they can only go on the county road. Because right now, the landowner has the road to the beach blocked, as is his right as the owner of the property.
“They can walk in to the beach, but everybody’s used to driving in.”
Strauss said he exercised his right to drive into the valley despite being discouraged at the checkpoint.
“They were mostly nice,” he said about his encounter there.
Valerie Goo, a Kukuihaele resident, told KITV-4 Television she was harassed as she drove into the valley and that an aggressive group of people called police and accused her of trespassing. She said her family left while they were at the beach.
“There were others on the beach with land ownership who were not targeted” by police, Goo said.
“As of (Thursday), the chain blocking the road — the public right-of-way to the beach — was removed, and the chain was reportedly deposited at the police department,” Strauss said. “Who knows how long that’s going to last? Who knows what’s the next move? But there were complaints, police reports filed of obstructing, which is a petty misdemeanor.”
Strauss said he “can’t speak to” who removed the chain.
“I know that it was there before, and then, it was reportedly removed,” he said.
Asked if the chain was taken to police, Capt. Reynold Kahelewai, the Hamakua district commander, replied, “At this point, we’re not going to confirm or deny that.”
Kahalewai asked if any charges for obstructing public passage to the beach were filed.
“Not at this point,” he replied.
Kahalewai said he’s been “in communication with the Planning Department” about whether the public has a legal right to access the beach.
“That’s something we’re still trying to figure out,” he said.
Kahalewai pointed to a shoreline access section on the Hawaii County website. On Waipi‘o Valley, the website says: “Access to valley via county road from Honoka‘a-Waipi‘o Road. Private property from valley floor to beach area.”
“There are some other areas in the county that are similar, and there’s public access over private property,” he said.
Although a settlement was reached between MaKa and the county regarding the lawsuit, Strauss said the group has filed a motion for a preliminary injunction to enforce the settlement. The county filed a motion in opposition to the injunction, as well as a motion to postpone proceedings.
A hearing is scheduled for 10 a.m. Wednesday before Hilo Circuit Judge Peter Kubota.
A call and email seeking comment from Mayor Mitch Roth were not returned in time for this story.
Email John Burnett at jburnett@hawaiitribune-herald.com.
