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Nohea
Trad climber
Living Outside the Statist Quo
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Topic Author's Original Post - Jan 28, 2014 - 01:16am PT
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Aloha Tacostand, my bud mike said it best in an email so here it is...
"Attention hikers, mountain bikers, paragliders, trail runners, and other HAWAII mountain trail users:
We have urgent news that requires your attention in order to improve and preserve access to Hawaii public lands. If you're in a hurry, skip below for links to help us.
Some of you may already know that liability concerns have driven the State of Hawaii to shut down numerous hikes and climbing areas in the past year and a half as a result of two large 2012 settlements ($20+million) for hiking related deaths. The good news is the climbing community and other sports enthusiasts collaborated with certain legislators and the Hawaii Attorney General’s office to develop a new bill, Senate Bill #SB1007 (HD1), currently up for reconsideration by Hawaii’s 2014 legislature.
This new bill will amend, and make Act 82 permanent, thereby resolving some State liability concern, return access to several Oahu closed sites, and prevent further closures of public lands. Act 82 in its current form protects the State from NATURAL hazards (strong currents, steep precipices, loose rock, etc.) when the State posts signage warning of such. The new bill will amend Act 82 to give the State protection from NON-natural hazards on unimproved land as well. Non-natural hazards could include bolts installed in cliffs, unauthorized / unsanctioned trails, paraglider launch sites, fixed ropes on unofficial hiking trails, downhill biking tracks and ramps, etc.
Because our mountain sports are inherently risky and injuries and deaths on State lands occur regularly, the Attorney General’s office has said this legislation must pass if they are to reopen closed areas and to prevent additional closures. If you do not want to see more of Hawaii’s public lands shut down, please tell your legislators how you feel. (We will provide below, some links for you to easily do this).
Senate Bill #SB1007 (HD1) is a carryover from last session and already has tremendous support from the Senate, where it passed unanimously in the 2013 session. However, we need to make sure it passes this week’s upcoming hearing by the House Judiciary Committee on Thursday, January 30th at 2:00 p.m. in Room #325.
Keep in mind there is strong opposition to the passage of the bill, and they lobbied hard in the last session to ensure that our efforts were stalled. Known as the Hawaii Association for Justice (formerly the Consumer Lawyers of Hawaii) and representing Hawaii’s approximately 4,000 trial attorneys, this group has opposed similar liability reform legislation for the past 12+ years. It is their opinion that the public is better protected with existing laws which hold the State entirely liable for the actions of individuals on State land, but we all know this is simply not true. We value our sports and the mountains because they include some inherent risk and we believe those who engage in such activities should assume responsibility for their actions. Instead of making our mountain sports safer, the efforts of the Hawaii Association of Justice result only in the enrichment of trial attorneys at the expense of taxpayers along with the closure of public lands to those who value them most – us. The only way to overcome a well-financed and well-connected lobby is with large numbers of vocal people. So this week is really when we need to come together - we ideally need a few hundred mountain enthusiasts to submit testimony and attend this hearing!
What exactly you can do, and when, in order of importance:
1) Plan to attend the Hearing - Senate Bill #SB1007 (HD1) is scheduled for a hearing this Thursday, January 30th, at 2:00 p.m. in room #325 inside the Capitol. Please contact your employer now and request some time off (if you can). A group of us will meet on the Makai side of ground floor of the building 20 minutes beforehand for a briefing. Sometimes the hearings run a bit long, so plan to be there for two hours if possible.
2) See the attached sample testimony letter, copy it, click this link: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=1007&year=2014
which will take you to the Legislature’s website for submitting testimony on this specific bill, fill out the form, and submit the sample letter. Of course, we welcome and encourage you to modify the sample letter or write and submit your own.
3) In addition to the above, take just a few seconds to click this link: http://www.change.org/petitions/hawaii-state-legislature-please-pass-sb1007-sd1-and-protect-access-to-public-lands-in-hawaii which will lead you to our most recent change.org petition.
4) Please forward this letter by email, tweet, Facebook, etc., to everyone you know including mainland friends or related interest groups (eco-tourism is an important part of the local economy, too) that have interest in keeping Hawaii’s public mountain areas and sports open and ask them to support this effort.
We are optimistic that we can get SB 1007 HD1 through the legislative process this session and protect our access to public lands. However, we really need everyone who enjoys the mountains to please join us and support this effort! "
Now I gotta get Thursday off
Aloha,
Will
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L
climber
California dreamin' on the farside of the world..
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Jan 28, 2014 - 10:01am PT
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Will,
I signed the petition, but where's the attached sample testimony letter?
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Nohea
Trad climber
Living Outside the Statist Quo
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Topic Author's Reply - Jan 28, 2014 - 10:32am PT
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Good question, here's a cut/paste of the letter below. Just as a refresher, Mokuleia has been closed by the state for the past year and a half since a sad rockfall incident. There are also many hiking trails that are closed as well. If the state treated ocean fatalities like they they do land based ones each beach access point would have a closed sign with the threat of a $1000 fine.
Aloha,
Will
"We, the undersigned residents of Hawaii and/or possible visitors to Hawaii very strongly support the passage of SB 1007 (HD1) and any provisions that will make this legislation permanent.
We support this measure because we cherish our right to freely enjoy a wide variety of recreational activities in Hawaii’s mountains including hiking, biking, trail running, climbing, paragliding and other activities. We are baffled by the State’s current absence of liability protection, which has led to ongoing closures of climbing areas, hiking trails, and other scenic sites due to the State’s legitimate fear of lawsuits. We strongly believe that public lands need to remain open to the public. It is patently absurd that the State should decide when, where, and how people are able to experience Hawaii’s natural wonders - especially when such decisions are made largely based on liability risk assessments. It is time to take a significant step toward tort reform and shift our landowner liability paradigm toward something sensible, sustainable, and sane.
In comparison to other Western States, Hawaii’s recreational liability statutes are sorely lacking. We do not want to see access to mountain sports across the Hawaiian Islands denied or restricted because a minority group of 4,000 trial attorneys holds the rest of hostage. We strongly disagree with previous testimony against liability reform in Hawaii that suggests that the status quo is in the best interest of the public, or that status quo will keep us safer by holding the State liable for accidents (such as the Brem case in 2012). We are a responsible group of citizens who recognize the assumed risks in engaging in recreational activities on State lands. We believe that individuals who choose to go hiking, climbing, mountain biking, paragliding, or who choose to engage in any other recreational use of public lands, should do so at their own risk.
Without the passage of this bill, the State of Hawaii is left with very little protection from litigation resulting from injuries that occur on State lands. We believe the lack of liability protection is wholly untenable, especially given the ever-growing popularity of mountain recreation to residents in Hawaii and visitors comprising our tourist economy.
This bill is an agreeable compromise. It notably does not provide the State with absolute immunity, but does require that those engaging in hazardous recreational activities accept the risks associated with their actions. This bill will effectively balance State responsibilities (to maintain public trail systems and to warn of possible hazards) with the responsibilities of individuals to keep themselves safe and adequately prepared. Thus, we fully endorse this essential legislation and urge the Hawaii State Legislature to pass it into law.
Sincerely,"
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L
climber
California dreamin' on the farside of the world..
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Jan 28, 2014 - 10:42am PT
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Thanks--letter submitted.
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pud
climber
Sportbikeville & Yucca brevifolia
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Jan 28, 2014 - 01:37pm PT
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I signed and support your efforts Nohea.
The scourge of litigation wiped out my sport in the late 70's (outdoor motocross in California) and it continues to take public lands away from those that rightfully own it.
Best luck to you!
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Nohea
Trad climber
Living Outside the Statist Quo
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Topic Author's Reply - Jan 28, 2014 - 04:35pm PT
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Thanks for the support; it’s really for every outdoors enthusiast who may stop by this sweet little corner of the world. There are so many special places to get away even on crowded Oh-Wah-Hoo. The state has paid millions because of liabilities and they really need to wake up to 2014. Of course there are some who benefit from these accidents because of the liability and they are the ones who oppose this bill.
In regards to the accident that caused the initial closure, here is the original thread from that. Looks like over 1200 people signed that change.org petition. I hope we can really get our representatives attention and see this bill through to passage.
http://www.supertopo.com/climbers-forum/1881799/PETITION-Please-Sign-and-Help-Hawaii-reopen-Mokuleia-Crag
Big Mahalo’s
Will
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Nohea
Trad climber
Living Outside the Statist Quo
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Topic Author's Reply - Apr 4, 2014 - 10:27pm PT
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Good news! The bill finally made it out of committee yesterday and should go to vote/conference/and final vote.....maybe? This week was a huge effort, I saw access fund emails, read over 260 testimonies saw a few taco dwellers, made calls and sent many emails.
I was surprised, the chair of the finance committee where it's been stuck since 2/10/2014 is a member of the state bar and her own campaign is well funded by attorney's.
So let's keep our eye on sb1007 and believe that the Moke will be opened.
Aloha,
Will
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