Hawaii State Law would prohibit WS within 200' of a surfer

[swchandler]

Seems to me like many of the government folks on Maui are ready to exit windsurfers and what they have to offer. Already county actions have targeted certain rental scenarios on the Northshore trying to disrupt certain vacation opportunities there.

While I enjoyed windsurfing Maui's Northshore on 6 different trips during the 90s (and they were certainly great), I'm thinking that this place is appoaching being over as a vacation destination. Prohibitive restrictive rules are just a way deny different types of participation they don't want. Let's write the spot off.

Nowhere is that great, especially if they hate you.

[geohaye]

Instead of pulling the 'panic alarm', then, we can just rightfully weigh-in as stakeholders. And that is, in fact, all that we have done.

Clearly HI residents must take the lead on this one. There is nothing new under the sun: there have been many battles like this in the past, and there will be many more. To get involved and stay involved is the key.

It will be interesting to hear how this Hearing goes down.

[gregorvass]

Sieg Heil MOFOS!!!!!

Don't forget to wipe your helmets with Lysol!!!!!!

Oh yeah, and wear a SEAT BELT while you carry the rig down the stairs.

NO TURNING, Just Straight back and forth in an orderly faschion.


I THINK ITS TIME FOR AN UPRISING!!!!!!!!!!!!!!!!!!!!!!!!!


WAKE UP USA!!!!!!!!!!!!!!!!!!!

[kurtmagness]

I think the reason you are seeing this type of thing in Hawaii is because these type of encounters between windsurfers/ surfers or kiters/ surfers/ canoes, etc. happen many times every single day there! I myself have been on both sides many times. Hookipa I believe has a 11 surfers rule. If there are 11 in the water then no wiindsurfing and of course no kiters at all unless it is a contest. I myself have been in the water surfing a Kanaha with 4 other surfers on a perfect offshore day only to be driven out of the water by 3 crazed windsurfers (probably euros) trying to sail in marginal sailing conditions. The main idea is to be cool, respect each other and do not endanger anybody. It's not worth it to hurt somebody or yourself. And don't be a wave hog.

[FredBGG]

[tsokat]

It is also a shame that they are apparently trying to pass a law applicable to all of Hawaii instead of allowing each island or even park to enact rules that are specific and appropriate to each setting. I think the user agreements on the north shore of Maui have worked remarkably well for years. I am not sure what is behind all of this. One problem we have as windsurfers is that our economic impact on Maui is a drop in the bucket. As luxury development has taken off in places like Wailea, where one night at one of the top resorts can cost you $750 or more, the local government is becoming less and less concerned about a bunch of economy minded lifestylers from the mainland. With this proposed law and the law banning short term rentals on the north shore, I see perhaps a trend to cater to increasingly more wealthy tourists on the south shore and begin returning the north shore to the more or less exclusive use of ethnic Hawaiian locals.

[nealpar]

[gerritt]

Not necessarily. Any time you are mounting a defense to a criminal charge there basically two ways to go:

1. Factual - your honor, I didn't do what he/she says I did. When coming up against a cop, it is correct to say that most of the time the Judge will side with the cop. Citizen against citizen is a 50/50 crap shoot.

2. Legal. Don't argue with the description given by the cop of what your did. Just state I did it on a windsurfer/kite and therefore have not violated the law. All crimes have elements. Here a Judge would have to decide whether a windsurfer/kite is propelled by machinery. As stated, all cases point to internal combustion engines as the basis for decision and what the statute was written to protect against. Most Judges enjoy a good legal argument. He said she said is fundamentally boring and listening to people quibble over triffles while usually disrespecting each other and the court will piss off any Judge and result in poor outcomes for those who lose and sometimes even for those who win.

BTW - I checked wikipeida for a definition of machine and found the scientific definition includes any device that transforms energy from one form to another. Airfoils are listed. However, science and the law make notoriously poor bedfellows.

I would still fight it. No Judge is going to hurt you for raising an interesting legal defense.

That being said - use common sense and don't get cited to begin with.

[gerritt]

Two more things:

It is important to understand what you are chaged with. If it something other than the Harbors and Navegations code section mentioned above then find out what the elements of the offense are for the crime chaged.

Also, wikipedia is not legal precident and is not binding on any court. It can be used to guide a court where precident appears lacking. I wouldn't cite it to the court were I defending against such a charge. I doubt the lifeguards will have thought to check it.

So, to recap:

First don't get cited. Second if this is between surfers,swimmers and windsurfers fighting for territory, FIGHT FOR YOUR RIGHT TO SHRED!

[madspaniard]