HomeMy WebLinkAboutCrusat, Angelina
Tsuneda, Kaci
From:Angelina Crusat <ancrusat@gmail.com>
Sent:Thursday, November 5, 2026 10:12 AM
To:Council Testimony
Subject:Opposition BIL 154 Draft 02 2024-2025
To the Hawaiʻi County Council,
I strongly oppose BIL 154 Draft 02 2024-2026, which seeks to prohibit and severely restrict privately
operated commercial parking lots and garages throughout Hawaiʻi County.
This proposal represents an unreasonable government intrusion into the lawful use of private property
and appears unsupported by substantial evidence demonstrating that privately operated parking
facilities create the alleged impacts claimed in the bill's findings. The ordinance broadly assumes that
charging for parking contributes to traffic congestion and undesirable land-use patterns, yet provides
no traffic studies, economic analyses, or empirical data sufficient to justify such sweeping restrictions
on private property rights.
The bill creates an arbitrary distinction between publicly owned paid parking facilities and privately
owned paid parking facilities while allowing government-operated parking to continue charging the
public. Such unequal treatment raises serious questions regarding fairness, equal protection, and
whether similarly situated land uses are being regulated in a consistent and rational manner.
The proposal also threatens existing and future investments by depriving property owners of
legitimate economic opportunities without demonstrating a compelling public necessity. Parking
facilities serve important community needs, including supporting local businesses, tourism, special
events, transportation access, and areas where public parking infrastructure is unavailable or
inadequate. Restricting new commercial parking facilities may harm local businesses and consumers
while driving parking shortages in already constrained areas.
Moreover, the ordinance appears vulnerable to legal challenge. The County acknowledges that it is
attempting to eliminate future commercial parking uses in multiple zoning districts while forcing
existing operators into nonconforming-use status. Although the bill asserts that it does not deprive
owners of all economically beneficial use, that statement alone does not immunize the County from
claims that the ordinance constitutes an unconstitutional regulatory taking, violates substantive due
process, exceeds a rational exercise of police power, or unlawfully interferes with vested property
rights.
If enacted, affected property owners and businesses may have grounds to pursue legal remedies,
including declaratory and injunctive relief, as well as claims for damages and attorneys' fees where
authorized by law. The County should carefully consider the substantial litigation risk and taxpayer
expense that could result from adopting a measure that singles out one lawful business activity
without adequate factual support.
Rather than imposing a near-ban on commercial parking operations, the Council should consider less
restrictive alternatives, such as permitting standards, operational requirements, traffic mitigation
measures, occupancy limits, landscaping requirements, or district-specific regulations supported by
actual evidence.
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For these reasons, I respectfully urge the Council to reject BIL 154 Draft 02 2024-2026 in its entirety.
Failure to do so will likely expose Hawaiʻi County to avoidable legal challenges while harming
property owners, businesses, residents, and visitors who rely on safe and lawful parking options.
Na’u me ke aloha, na
Angelina Crusat
Puna, Hawaii
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