2020--2024 DLNR Abuse of Power

DLNR discrimination, bigotry, vindictiveness and abuse of power is directed at the Little Beach community.

Little Beach is a harmonious community within which are several overlapping groups.  These are the Naturists, LGBTQ, Surfers, Retirees, and Spiritual groups who regard this beach as their church.  There is also the Drum Circle Fans who for approximately 48 years have been present for 3 hours on Sunday evenings.  All these communities are bonded by their common love and reverence for Little Beach.  This is a family environment, suitable for children of all ages, and no “adult” behavior is tolerated.

The aloha and good nature of the Little Beach community has been echoed around the world resulting in it becoming a national and internationally acclaimed Top-10 naturist destination.  Little Beach brings many visitors to Hawaii who otherwise would not come.  It is a significant contributor to Maui’s economy and the US trade balance.

A National Poll shows 74% of the population believe areas should be set aside for clothing-optional recreation on public land (Q2).  45% would consider going nude at a clothing-optional beach if it was safe and legal (Q6) and 40% already have (Q4).  To put this in context: nude beach recreation is 3/4 as popular as watching the super-bowl (60% watched).

For 33 years under DLNR management, no nudity citations were issued at Little Beach because no harm was done by nudity.  Enforcement of the State Park’s No-Nudity rule at this very secluded beach made no sense and the Hawaii State Parks website (associated with the DLNR) and 100s of other websites advertised that Little Beach is one of the few Hawaiian beaches where local police tolerate nude sunbathing - which was true.

Suddenly, on the whim of a bigot with no sound rationale, the DLNR vowed to enforce its archaic No Nudity rule, posted offensive No Nudity signs around the beach, and sent armed police to raid the beach and issue “nudity” citations.  Simultaneously, the DLNR has imposed access restrictions on all, and excluded the Drum Circle Fans.

DLNR Management have been drunk on power since the Covid emergency powers, riding roughshod over the public's rights, with no regard for the Constitution, State law or Administrative rules.  Their crimes and misdemeanors include: 

1. The new unwritten DLNR policy is one of cultural purification, intended to replace the existing well-accepted Maui cultures with a Honolulu 1950s Christian culture - which is illegal under the Hawaii State Planning Act, HRS §226-23 and HRS §226-25.  The act requires the State to “provide resources to accommodate diverse cultural, artistic, and recreational needs for present and future generations” AND “provide a wide range of activities and facilities to fulfill the cultural, artistic, and recreational needs of all diverse and special groups effectively and efficiently” AND “encourage the essence of the aloha spirit in people's daily activities to promote harmonious relationships among Hawaii's people and visitors.”   Suppression of Naturism, Drumming, Dancing, Fire-Dancing (under the guise of public safety) is suppression of cultural practices that were inherent to pre-contact Hawaiian culture.
   
2. The new unwritten DLNR policy illegally denies the people their constitutional rights.  Those who wish to be clothing free, achieve happiness by being in nature in their natural state and do no harm.  The “pursuit of happiness” is an “inalienable right” under the Hawaii Constitution > Article 1 > Section 2.  Those that wish to be present on the beach through sunset do no harm.  “No law (Park rule) shall be enacted abridging the right of the people to freely assemble” under the Hawaii Constitution > Article 1 > Section 4.
   
3. In March 2020 the first nudity citation in 33 years was issued.  This is willful discrimination based on dress code.  The DLNR is authorized to regulate State Park USE under HRS §184-5 but not dress code or a bigot’s definition of morality.  Little Beach USE is identical to that on Big Beach, e.g. swimming etc.  The State Park's No-Nudity rule HAR §13-146-38(a) is illegitimate because it exceeds the authority granted to the DLNR by the legislature.
4. In May 2020 Little Beach was closed for 4 weeks with an illegal fence and signage, while adjacent Big Beach and Black Sand Beach remained open. Excuse, a scuffle, resisting arrest, by a person never seen before or since.  It was an illegal closure under HRS §115-9, HRS §115-5, HRS §205A-28, HRS §184-6, and State Park rule HAR §13-146-4.
5. In January 2021 Little Beach was closed for 9 weeks. Excuse, a previous isolated incident of reckless disregard for Covid Emergency Rules with no citations issued.  The DLNR management knew the overcrowding was only for 3 hours at a New Year Sunday Drum Circle gathering with 6 minutes of very close proximity dancing.  They knew it was not typical of regular Sunday evening Drum Circle gatherings.  They knew that the Drum Circle gatherings are not typical of Little Beach for the remaining 100 hours per week.  They claimed that the closure was for “public safety” but knew there was no ongoing risk to “public safety.”  In the beach closure notice (with fabricated justification for closure) the DLNR declared the intent to penalize those who did no wrong (which is approximately 99% of the people who use Little Beach).  The closure was facilitated by installation of a gate that obstructs a registered lateral shoreline access corridor and is illegal under HRS §115-9, HRS §115-5, HRS §205A-28, HRS §184-6, and State Park rule HAR §13-146-4.
6. From Jan 5 to March 13 2021 the illegal closure ruined hundreds of returning visitors’ vacations who come specifically for Little Beach.  It shows no aloha to lock out visitors who have traveled thousands of miles.
7. From Jan 5 to March 13 2021 visitors coming to Little Beach were boxed in on Big Beach, the most dangerous Hawaiian beach for spinal injuries, not to mention broken limbs and drownings.  The DLNR management closed the much safer Little Beach with the dubious claim it was for “public safety” with no concern for the “public safety” of those on Big Beach.  They had lifeguards eliminated from Big Beach for cost saving, while money was plentiful for training new police officers, their graduation leis and new trucks.
8. Upon re-opening Little Beach on March 13 2021, the DLNR management abandoned any Covid rule enforcement and pivoted to Nudity rule enforcement - proof of their bigoted agenda.  Garish red signs, with “No Nudity” topping the list, were mounted around Little Beach, but not Big Beach where the same rules apply. 
9. From March 13 2021 onward, the DLNR has issued 33 nudity citations - on orders from the highest level of DLNR management with the full knowledge that nudity did no harm.  Again, this is willful discrimination based on dress code under the State Park's illegitimate No-Nudity rule HAR §13-146-38(a).
10. From March 13 2021 onward, Little Beach was closed early on weekends at 4 PM.  Excuse, falsely claimed “public safety” based on Covid rules and one isolated non-typical Drum Circle gathering on January 3 2021.  Early closure continued after Covid rules were relaxed to the level of irrelevance and then fully repealed on March 1 2022.  The falsely claimed “public safety” is now a cover for the real purpose “administrative convenience.”  The 4 PM closure endangers the public by driving them onto the most dangerous Big Beach at a time when the lifeguards are packing up, ready for a prompt 4:30 PM departure.  These were, and still are, illegal closures under HRS §115-9, HRS §115-5, HRS §205A-28, HRS §184-6, and State Park rule HAR §13-146-4.
11. Since March 13 2021, there were 279 occasions of armed police coming to close the beach at 4PM.  We estimate that there have been about 42,000 instances of a clothing-optional person (doing no harm) forced to leave Little Beach at 4PM, against his/her will, with varying degrees of outrage at the injustice and frivolous waste of tax payer’s money.  This has created widespread disdain for government.
    
12. From March 13 2021 onward, Makena State Park was closed early at 7 PM, knowing it would prevent enjoyment of the sunset in summer months and demonstrating no respect for the public or the law.  The pre-Covid closure of 7:45 PM was set by previous DLNR Chair Peter Young “to allow people to enjoy the sunset.”  The 7 PM closure is illegal under HRS §115-9, HRS §184-6, and State Park rule HAR §13-146-4.
13. From April 19 2021, the DLNR raised already illegal park fees for out of state visitors.  $10 parking + $5/person access fee.  It is illegal for a State to discriminate against residents of another state under law - US Constitution, Article 4, Section 2 and 14th Amendment, Section 1.  The paths via both parking lots are registered Shoreline Access Corridors for which obstructing access by action, e.g. a $5 fee, is illegal under HRS §115-9.  The original blue Shoreline Access Corridor signs (posted by Maui County to inform the public) have been illegally removed by the DLNR.
14. In October 2021 the DLNR misrepresented Clothing Optional Beach demand in a draft SCORP report to the Feds in support of a grant.  Facts: The DLNR has separately recorded that there is considerable demand for Clothing-Optional beach recreation. In the 2021 statewide SCORP “Report on Public Participation” there was an overwhelming 68:1 demand for/against Clothing-Optional beach recreation with many scathing comments about the DLNR’s abuse of power by harassing those who choose to be clothing free at Little Beach. The tabulation of most participated water-based activities ranked Clothing-Optional Beaches #5 out of 16.  Article
15. In February 2022 we discovered a 2-year-old DLNR conspiracy to secretly slash 107 parking spaces from the North parking lot that serves Little Beach - in the guise of improvements.  A new way to restrict access to the State Park and in particular Little Beach.  Article 

We are here to end discrimination, bigotry, vindictiveness and abuse of power directed at the Little Beach community.  JOIN Friends of Little Beach and sign our Petition !