Apparently a local DLNR law enforcement individual was not getting enough respect from the beach users regarding commonly accepted activities at the beach, i.e. swimming naked, drinking a beer, and/or smoking a little pot. All issues clearly in violation of rather draconian park rules adopted in 1989 in contradiction to the general sentiment of the majority view articulated during the rule making procedures of the day.
Generally in Maui and in the islands in general there is a live and let live attitude with regard to living life and enjoying paradise. There has always been a give and take interaction between law enforcement and beach users. Smoking a little grass is a rather accepted way of life in the recreational context of an ocean beach park.
It helps to understand that for some part of being a law enforcement type is the idea that one has power over another. If you are not getting the level of respect for having this power over someone you may take steps to let the individuals know who is "the boss." That is precisely what happened at the beach.
The effort to show the beach user who is boss actually began a month or so before the March 13, 2004 drug bust. Undercover officers wrote a number of citations to beach users for such things as smoking or having drug paraphernalia. These issues are all petty misdemeanors and are handled with a ticket and a required court appearance. Payment of a nominal fine and the matter is considered resolved. The violator is admonished that s/he better not do it again or face an additional fine. At the beach the tickets are given out rather quietly so that most people have no idea that anything is happening. No example is being made of anyone so no message is sent out to the other beach users that they must change their behavior or face arrest.
The purpose of this ticketing was not really to make any impact on the rather open and accepted drug use on the beach. It was rather to set the stage for the drug raid of March 13, 2004.
In the March drug raid another law would be cited, 713-1249.6 Promoting a controlled substance in, on, or near schools, school vehicles, or public parks. Under this law the distribution or possession with the intent of distributing is considered a class C felony. Conviction under this statute caries a two to ten year term of imprisonment. The necessary prerequisite for this sentence is that the defendant has a prior conviction under the drug statutes. In other words the previous citations were the necessary prerequisite so that the full force of a felony conviction could be brought to bear on the targeted individuals.
The effort of the DLNR to pull this off is apparent in how the actual drug buy was made. The undercover agent enticed Sol into the park to make the transaction. It was the agents understanding that if the sale was conducted on the beach which is not in the state park they could only write a citation for a much lessor offense. This action speaks so directly to the rather insidious and odious nature of the DLNR's actions. They are not park user friendly and do not have the public park users interest in mind.
Another ironic twist to the matter is that the subterfuge of talking
Sol into the state park was not necessary under the law. Subsection "(b)
Distributes or possesses with intent to distribute a controlled substance
in any amount withinseven
hundred and fifty feetof the real property comprising a public
or private elementary or secondary school or public park; or." Any
place on Little Beach would be within seven hundred and fifty feet of the
Little Beach, Makena, Maui
Solomon was arraigned on March 30, 2004. He has been charged with four counts of promoting a controlled substance. It is alleged that Sol sold a package of marijuana to a couple of tourist that were actually undercover agents.
The law is HRS 712-1249.6 Promoting a controlled substance in, on, or near schools, school vehicles, or public parks. There is no mention of quantify or if a sale even has to take place. Whatever constitute promoting is a Class C felony.
With a prior conviction the charge can bring two to ten years imprisonment.
Sol's trial is set for June 1, 2004. Sol's bail is $1,500. If you want
to help Sol get out of jail please consider a donation via the PayPal button
or mail a check payable to Church and School of International Détente,
P.O. Box 1137, Kihei, HI 96753 (The Church is recognized by the State
of Hawaii as non-profit.
are shown here taking the unattended bag of a visitor to Little Beach.
When the owner went to pick up the bag at the Kihei Police substation
he was booked and arrested for having a pipe in the bag. (An undercover
cop is holding the bag in the center of the photo. He is standing next
to a DLNR officer in uniform.)
by Dr. George R. Harker
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by Dr. George R. Harker
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Selected pages from Recreational Nudity and the Law by Gordon Gill, published by Dr. Leisure
What is the Value of a Nude Beach by George R. Harker
Is it Legal to be Nude on a Nude Beach in Hawaii by George R. Harker
World’s Best: Best Nude Beaches by Melanie Mize
Rule 26(a)(2). Disclosure of Expert Testimony
Contribution sent to Dr. Leisure, P.O. Box 1137, Kihei, HI 96753-1137 are always appreciated. The total amount goes to assist Dr. Leisure when the contribution is mailed.
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Books of particular interest to tourist or others interested in the culture of Maui.
Shoal of Time a History of the Hawaiian Islands
Secrets and Mysteries of Hawaii: A Call to the Soul: Planetary Crossroads and the Key to Our Future
Kahuna Healing: Holistic Health and Healing Practices of Polynesia
A local site with some good photography of beautiful people enjoying Maui au natural, check out www.mauiportal.com
In case you don't know how to find Little Beach just remember it is exactly one mile south of the Maui Prince Hotel on the same road as the Prince. Make a right turn (toward the ocean) and park in the parking lot. Proceed to Big Beach. Turn right and walk to the volcanic outcropping. Than proceed up the path. Turn left where it widens slightly and gets extremely steep to continue straight up the hill. Walk over the hill to the ocean and behold Little Beach.
Word of Mouth Rent-A-Used Car This is the place Dr. Leisure rented
from when he needed dependable transportation at the lowest cost. Dr. L
drove the same cars the surfers used, including surf rack, and thus would
fit right in at any beach scene. Now that Dr Leisure lives on the island
he sets up his visiting guest with a Word of Mouth Rental. They may not
be one of the top ten attractions on Maui, but good inexpensive transportation
is essential and this is the place to go. They will work with you to get
that car to you on a late night arrival! I know from first hand experience.
FAX 808-877-2439 phone 808-877-2436 1-800-533-5929
Hana Cave Tour Dr. Leisure recently took the Hana cave tour and
was most impressed. Check out their site at www.maui.net/~hanacave
or e-mail: firstname.lastname@example.org or call 808-248-7308