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SPECIAL INTEREST: DRUG BUST MARCH 13, 2004?

Behind the scenes and what really happened on March 13, 2004 at Little Beach adjacent to Makena State Park.  A great deal of effort in both time, energy and manpower went into the "drug bust" of March 13, 2004.

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 public park.
 
 
 
 
 
 
 
 
 
 
 
 
 



Little Beach, Makena, Maui

WARNING TO TOURIST!!!! This could happen to you!

On Saturday March 13, 2004 Uniformed officers converged with undercover agents in Makena State Park to "clean up the beach." The agents weren't there to pick up trash but rather to trash any semblance of constitutional rights.
Four individuals were arrested. Three were released the same day. Sol was not. He was incarcerated in the Maui Community Correctional Center and still remains there as of  March 31, 2004.

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.
 

Police take unattended bag from Little BeachPolice 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.)
 
 
 
 
 
 
 
 
 
 
 



 

BOOKS RELATED TO LITTLE BEACH

 

He Wouldn't Drink the Hemlock: The Firing of Dr. Leisure (Special Hawaiian 2nd Edition)

a True Story

by Dr. George R. Harker
 

List Price: $23.99   Direct from the publisher  $20.00 plus $3.50 shipping, hit the PayPal button.

Book has some fifty pages of information that detail events at Little Beach in 1987 and subsequent years. Just how Dr. Leisure was involved in the development of Little Beach as an internationally recognized nude beach is explained. The consequences to Dr. Leisure of that involvement with his position at Western Illinois University is also exaimed.
 

The Mostly True Life Adventures of Dr. Leisure Vol. II, a mostly true story.


by  Dr. George R. Harker

 Amazon.com

List Price: $23.99   Direct from the publisher  $20.00 plus $3.50 shipping, hit the PayPal button.

This is the sequel to the book above. Portions of the book deal with what has happened to Little Beach during the mid 1990's and beyond. More information on the consequences to Dr. Leisure of being an international authority on nude beaches.
 

Recreational Nudity and the Law

Compulation of 101 abstracts dealing with nudity and the law (1934  - 1995)

Compiled and Edited by  Gordon Gill


 

List Price: $19.95   Direct from the publisher  $12.00 plus $3.50 shipping, hit the PayPal button.

Recreational Nudity and the Law includes four or five abstracts that specifically deal with the nudity issue at Little Beach. Additionally the book documents how recreational nudity has been treated across the country for the last fifty years or so. A must read if you have any interest in the social dynamics of recreational nudity.
 

Paperback - 199 pages Second edition ( 1995)
Dr. Leisure; ISBN: 1-887471014; Dimensions (in inches): .43 X 9 X 6



Creation and Management Guide to public clothing optional beaches and parks by George
R. Harker

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
 
 

Subscribe to Dr. Leisure's Newsletter by hitting this link   DrLeisure-subscribe@topica.com


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.
 
 

--Writer Dr. George R. Harker can be reached by email at drleisure1@aol.com.

Article may be reproduced with appropriate credit: drleisure.com

Copyright 2004, Dr. Leisure

©Copyright 2004 Dr. Leisure. All rights reserved.
 

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.

Useful Information About Maui

 

 

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: hanacave@maui.net or call 808-248-7308
Dr Leisure
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