At what point do we become responsible for our own actions? An absurd bill working its way through the state Legislature — introduced by Kaua‘i’s very own Rep. Jimmy Tokioka and freshman Sen. Ron Kouchi — would seem comical if
At what point do we become responsible for our own actions?
An absurd bill working its way through the state Legislature — introduced by Kaua‘i’s very own Rep. Jimmy Tokioka and freshman Sen. Ron Kouchi — would seem comical if its consequences weren’t so serious.
Senate Bill 1207 would hold authors and publishers of visitor websites and publications liable to readers who suffer injury or death as a result of being enticed to trespass while exempting property owners from liability.
In practice, this could mean a guidebook, a blog, a visitors bureau — any entity or person who posts a photo or a few favorable words about a scenic spot on Kaua‘i or anywhere else in Hawai‘i that happens to be on private property — could face financial consequences or worse if someone sees the image or reads the text, trespasses to visit the spot and gets hurt or killed.
This could be as asinine as someone seeing a photo of Kipu Falls, thinking it looks like a beautiful spot to check out, ignoring the “No Trespassing” sign along the way as dozens do daily, enjoying the splendor of this tropical wonder, accidentally falling on the rocks there and then suing the author of the publication or website for his or her own lack of common sense.
We’re fine with the property owners not being held liable. Some have graciously enabled access to some of the state’s most amazing locations for years. But to try to pin the blame on whoever tipped you off to go visit the site is ridiculous.
In this age of information, we have the ability to learn about incredible places off the beaten path and their inherent dangers. We are personally responsible for weighing this knowledge against the risks and then deciding how we want to proceed. Government does not need to step in and protect us from ourselves.
Have our lawmakers failed to notice the continued high unemployment plaguing our state? Let’s spend some time figuring out how to plug an $800 million budget shortfall over the next two years. Or what about legislators devoting their attention to the increased and continued drug problems and mediocre performance of our public school system?
Lawmakers should dedicate their time to these and the many other high-priority issues instead of wasting taxpayer dollars on knee-jerk reactions to high-profile but infrequent incidents. Enforce the laws on the books and don’t try to legislate common sense despite its feel-good sensation.
If we encounter troubles along the way, we must accept that as part of our own actions. Isn’t that the message our keiki should receive? Don’t look for a scapegoat when you fail to apply common sense to your decision to ignore a clearly marked “No Trespassing” sign.
We don’t need another law that passes the buck to a third party. No book or blog, pamphlet or publication made you go jump off a cliff at Maha‘ulepu as a summer swell battered the coast below.
We must heed the signs, both literal and based on common sense. There is, for instance, a wooden sign with tally marks indicating the number of people who have drowned at Queen’s Bath along with warnings about the surf and other dangers. If we digest this information while utilizing our five senses, we can make lasting memories in relative safety instead of putting ourselves in scary predicaments and trying to blame someone else for our own negligence.
And let’s not even begin to try patching up all the holes this bill pokes in the First Amendment. We don’t need our state lawmakers eroding our free-speech rights.
The legislation itself admits that the guidebooks and websites “inadvertently” lure visitors to trespass. And the bill tries to pass off a blatant falsehood as truth when it claims these enticements “often” lead to death or serious injury.
Fortunately, only a handful of people have drowned over the past several years at Queen’s Bath and Kipu Falls combined, two of the most frequently noted places when these issues periodically arise. Yet dozens visit each site daily. This is hardly an “often” occurrence of death or serious injury.
And of those deaths, many are simply unexplainable. A person jumps off the falls, comes up for air, waves and seems fine, then disappears under the surface. Tragic? Absolutely. Some guidebook’s fault? Not at all.
Sadly, these things happen. Hawai‘i brims with wild wonders; visitors sometimes forget this is not a climate-controlled amusement park.
Could guidebooks and other visitor publications do more to warn people about the dangers of certain places around the state? Definitely. Should they be held liable because they don’t? No.
We strongly encourage guidebook publishers and tourism websites to be responsible by providing adequate warnings to spots known to have inherent dangers. Water safety advice should also be a standard component in these publications to ensure our visitors understand how to safely and legally enjoy these at times perilous places.
State lawmakers must return to reality. We have to accept responsibility for our own actions. The Legislature should scrap this bill and all its companion pieces of legislation and focus on the bigger issues facing Hawai‘i today.
