HomeMy WebLinkAboutCOM 0047.018 2020-2022 cowcll
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Comm 4-7
From: Lori Johnson
Sent: Saturday, December 19, 2020 5:29 PM
To: Council Testimony
Subject: Bill 217; Draft#2 - current version to be heard at full Council on 12/23/20
COUNTY CLERK
COUNTY OF HAWAIII
Dear County Councilmembers, RECEIVED
Time
Mahalo for allowing us to submit testimony on Bill No. 217, Draft#2 - date DEC 1 g 200
Our ohana embraces and supports the main purpose of this Bill . . . safety on Waipi'o Road. We also support the preservation
of the culturally and biologically significant area of Waipi'o Valley. However, closure of the road to pedestrians is not what we
believe to be the best answer to either of these issues; nor does it provide a long-term, visionary plan for the area. Since Draft
#2 is so far from any plan otherwise (there were lots of testimonies submitted with some great thought and options provided,
but apparently not considered), we believe it's critical to point out that the exemptions to the pedestrian restriction in the
current version of the Bill is missing a critical and important part of the population . . . Hawaii residents. Be aware, as the Bill
stands, a significant part of the Island's population will NOT be able to walk this road. First, as taxpayers, they most likely
have that right, legally. Second, by excluding them, racial(and quite possibly religious)discrimination is also present.
Issues with Bill No. 217, Draft#2
As the Bill stands, by limiting the bill's restriction exemptions to "residents of Waipi'o Valley" and "Native Hawaiian cultural
practitioners",the County would be engaging in both racial and religious discrimination, and would expose itself to multiple
legal actions. Furthermore,these exclusions would be impossibly difficult to police. For example, what percentage Hawaiian
blood qualifies a person as Native Hawaiian, and how does one prove that?And what exactly constitutes and positively
identifies a cultural practitioner? How can our information officers effectively control such segregation?
As the Bill stands, non-native Hawaiian residents who work in Waipi'o Valley farms, but live outside the Valley, are prevented
from walking to work.
As the Bill stands, descendants of immigrant plantation workers,who have adopted and embraced Hawaiian culture for four
generations, can no longer walk into Waipi'o Valley to experience and appreciate its mana.
As the Bill stands, most people who have purchased homes on the rim of Waipi'o and in the nearby village of Kukuihaele, some
for the sole reason of being close to this natural and historic wonder, are now barred from entering it on foot, despite paying
taxes to support this public road.
Of course, each of the people in the above examples can still drive into Waipi'o Valley,while spewing pollution from their cars,
increasing traffic that impedes Valley residents, and multiplying the chances of collision and injury. . . thereby, offsetting this
Bill's main purpose.
And finally, why would the County want to preclude Hawaii residents from enjoying this outdoor activity- regardless if the
road was not originally intended for recreation- particularly during this time of shut-downs. If the Council is looking at issues
proactively and economically, the road should truly be promoted for physical, mental and emotional health—ultimately saving
the County millions of dollars in health care costs. With minimal signage and education, it can be done safely. But, literally
none of this has been done.
Solution
Please consider a simple, but very powerful, adjustment to Bill No. 217. If the exclusion is simply changed from "residents of
Waipi'o"to "residents of Hawaii", all of the above problems disappear.
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This adjustment would eliminate illegal discrimination and disputes from Hawaii taxpayers over their right to use of a
public road.
This adjustment would greatly simplify enforcement, because residents of Hawaii can be quickly, easily, and positively
identified bytheir existing Hawaii driver's license orState ID.
This adjustment would reduce vehicles on this road, and improve traffic flow. Along with that comes reduced wear of
the road surface, reduced pollution, reduced risk of collision, and reduced risk of liability for the County. . . ultimately
improving upon the purpose ofthis Bill.
The cost ofthis adj�cAM4entwould be a slight increase in pedestrians, as only a small number of Hawaii residents walk this road
onany given day. And fhbse`pedestrjansaretheonesvvhonspectVVaipi'oVa||eyanditsresidents,whomoveoutof1heway
for cars, and who do not trespass on private lands; because this,too, is part of their home. Do not dismiss nor underestimate
this group; as they, too, embrace Hawaiian culture and extend its reach and power!
K4aha|ofor your consideration and understanding.
Ron 8' Lori Johnson
Kukuihae|e
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