Maui wedding coordinator disputes DLNR permit issue
By Edwin TanjiMaui News City Editor

WAILUKU — A 2001 case involving a Maui wedding coordinator established that there is no basis for the state to require permits for weddings held on public beaches, a Wailuku attorney said last week.

But Laura Thielen, chairwoman of the state Department of Land and Natural Resources, told The Maui News that the department did not sign off on any agreements. She said she is unaware of any documentation in court that the department agreed to a settlement that would bar the department from requiring permits for a commercial activity.

The DLNR is proceeding with a "clarification" of its position on commercial weddings conducted on state beaches and other state lands, instructing all wedding coordinators that beginning Aug. 1 they are required to have a permit for a commercial activity on state land.

"DLNR has been addressing the growing impacts of unpermitted use of the unencumbered public lands by commercial operators statewide," she said in a statement issued Wednesday.

At the same time, attorney James Fosbinder, who represented wedding coordinator Sandra Barker and Lahaina minister Laki Kaahumanu in a dispute with the DLNR in 2001, cited a settlement in which the state agreed that no permit is required for "a wedding on any State of Hawaii beach area open to the general public."

A copy of the agreement dated June 22, 2001, and signed by Deputy Attorney General Lane Ishida, includes a $29,200 payment to Fosbinder and his clients over the actions of the state based on a complaint filed in U.S. District Court.

Thielen said she was not familiar with the 2001 settlement but said she has not seen any agreement signed by anyone with the Department of Land and Natural Resources. The agreement in the 2001 case allows a wedding to be held on a public beach whether it is a commercial wedding — one set up by a commercial business — or a wedding set up by a private individual.

Thielen said the permitting requirement being imposed by the department is a standard right-of-entry permit required of any commercial operator providing an activity utilizing public lands. The effect is to treat a wedding coordinator the same as a tour guide or activity operator utilizing public land.

"We have been using the right-of-entry permit for multiple years and a number of industry members have been complying with the permit process with no complaints," Thielen said. "The fee is $25. That was set up by the board, and it's very nominal.

"The purpose is for us to be able to monitor the level of activity in the different places and to make sure that the residents and recreational users, and the resources, are not infringed upon by the commercial activities," she said.

Fosbinder said it is unreasonable for the department to claim it has no knowledge of the 2001 agreement since the Legislature had to authorize the payment of the settlement.
"Do they know the state Legislature had to vote to approve their settlement? It involved the state Legislature because of the amount of money involved that had to be approved by a vote," he said.

He said he would be reluctant to take the issue back to court, but "if we have to we will, I guess . . . I'm not sure why they would want to pay my attorney's fees again."

The agreement cited by Fosbinder specifies that neither side admitted to any negligence, liability, fault or wrongdoing. It specifies:

"It is legal to have weddings on State of Hawaii public beaches. No permit is required under current law, nor was any permit required under previous state law, for wedding on any State of Hawaii beach area open to the general public, regardless of the size of the wedding or whether the wedding party uses portable chairs, folding tables, or similar items, providing that the wedding party does not fence off the beach or otherwise exclude the general public from the area."

"The State of Hawaii agrees that under current law weddings on State of Hawaii public beaches open to the general public are not required to pay any fees, obtain any permits, or be subject to any restrictions or requirements to which family picnics, family reunions, and/or religious or political gatherings are not subject, regardless of whether the wedding was planned and organized by the wedding couple, their friends and relatives, or a paid wedding planner/coordinator/consultant."

Thielen said the department had been working with wedding coordinators across the state for some time, but realized there were commercial operators holding weddings on beaches without permits.

"We understand that there are many people who want the opportunity to be married on our beaches. We want a system to provide data on where are they going and how frequently," she said.

"DLNR has been addressing the growing impacts of unpermitted use of the unencumbered public lands by commercial operators statewide," she said.

The department has a "public trust responsibility" to manage state lands and natural resources with the top priority being protection of the resources, followed by public recreational access. She said the lowest priority is to allow commercial activity "only if it does not impact the natural and cultural resources, or the public's recreational use."

To assist wedding operators, she said the department plans to set up an online registration system that would make it easier to apply for a permit but also help the department in assessing use and capacity limitations of popular sites.

Edwin Tanji can be reached at citydesk@mauinews.com. Additional Maui News stories are posted at http://www.mauinews.com/