Papa‘a Bay remains one of the more difficult beaches to access on Kaua‘i.
While folks can access the Eastside beach north of Anahola using a steep, rocky crossing, an easier access point through land owned by Tara Ranch proprietor and movie producer Peter Guber remains embroiled in three court cases.
And that’s four months after Kaua‘i Mayor Bryan J. Baptiste, after a study, announced beach access exists to the beach through Tara Ranch. In response, Guber sued the county in federal court.
It’s been 10 months since activist David Denson and three others were arrested for trespassing for trying to go to Papa‘a Bay through the disputed access. Over 10 court appearances later, Denson’s case, as well as the cases of two other Kaua‘i residents, is still pending.
Bill Young, an Anahola resident, still awaits a federal judge’s decision on his motion to dismiss another lawsuit filed by Guber in January claiming slander of title after Young claimed that access existed along the end of Papa‘a Road.
Young did not return phone calls seeking comment.
Denson said, after his 10th court date to face trespassing charges last week in District Court, he’s sick and tired of the case.
“This is not an American system. It’s a kangaroo court,” said Denson, visibly frustrated after his case was continued again, this time to Nov. 18. “Every two weeks I’m here. This is taking money out of my family’s pocket.”
Denson has been ordered to mediation by District Court Judge Gerald Matsunaga, but he and his lawyer said they have yet to be contacted by Guber or his attorneys to settle the matter.
Both Guber’s Honolulu attorney, Paul Alston, and county Deputy Prosecuting Attorney Rosa Flores, did not return calls seeking comment.
“It’s strange the mayor says there’s access in the newspaper, and the prosecutor says there is no access in court,” said Denson’s lawyer, Daniel Hempey. “We’re working on the logistics of David mediating with Goliath.”
Of the three other people charged with trespassing with Denson at the “Beach Access Celebration” on Dec. 28 of last year, two have yet to receive summonses to appear in court after simple-trespassing charges were reinstated against them in May. The fourth pleaded guilty in February.
After declaring access along the end of Papa‘a Road on June 10, Baptiste and the County of Kaua‘i were sued in federal court. A hearing on the county’s motion to dismiss is scheduled for Monday, Oct. 25, said county Public Information Officer Cyndi Mei Ozaki.
“It’s our understanding we have OHA’s support,” said Ozaki. “We’re waiting on correspondence from them.”
Attorneys for trustees of the Office of Hawaiian Affairs will join forces with attorneys from the County of Kaua‘i to fight for beach access at Papa‘a Bay.
The OHA trustees voted unanimously to get involved in the case, said Don Cataluna of Koloa, the OHA trustee for Kaua‘i and Ni‘ihau.
“To me, this is a pivotal case,” not just for Papa‘a Bay, but for all beaches, for access and gathering rights on all islands, and not just for Native Hawaiians, Cataluna said.
OHA’s board attorney Robert Klein will ask a federal judge later this month to dismiss the lawsuit filed against the County of Kaua‘i and other parties by attorneys for Guber, and request the case be brought to the Lihu‘e Fifth Circuit Court, as beach access is guaranteed under state law including the state constitution, Cataluna said.
OHA Chair Haunani Apoliona will write a letter requesting state Attorney General Mark J. Bennett to also join forces with OHA and the County of Kaua‘i, Cataluna said.
There is also a chance OHA trustees may attempt to enter the case as an intervening party, he continued.
The county’s position, now backed by OHA trustees and attorneys, is that a traditional beach access did and does exist across Guber’s land to the beach at Papa‘a Bay. Attorneys for Guber have argued that no such access existed, or exists today.
Paul C. Curtis, associate editor, may be reached at 245-3681 (ext. 224) or mailto:pcurtis@pulitzer.net.
Tom Finnegan, staff writer, may be reached at 245-3681 (ext. 252) or mailto:tfinnegan@pulitzer.net
