Conflicts over two big issues — land use and liability — are all but inevitable in a state where both can add so much to the cost of doing business. But it doesn’t have to be a fight to the death, and it’s good to see the state and the owners of the Haleiwa Farmers Market on the path toward a negotiated solution to their particular problem.
For the past three years, the Haleiwa business, one of three farmers markets managed by Pamela Boyar and Annie Suite, has brought vendors of local produce and crafts to a triangular lot at the junction of Kamehameha Highway and Joseph P. Leong Highway, also known as the Haleiwa bypass road. It is bounded on the makai side by the remnant of Kamehameha that was abandoned when the bypass junction was completed.
But it still borders a state highway, and under Hawaii Revised Statutes 264-101, vending from a highway is prohibited. The remnant portion of Kamehameha, state attorneys discovered, is still classified as a highway. Until it is formally redesignated, they have decided it’s unwise to put the state in a legally liable position should there ever be a mishap, and they’re right to be cautious.
Dan Meisenzahl, state transportation spokesman, said redesignation would take a year. Until that accommodation can happen, it makes sense to give the market a little time to find a suitable place to relocate.
This is what has happened, and both parties should explore various public locations — parks and school campuses are commonly used for farmers markets — that are both accessible and affordable. The Haleiwa market was not paying rent; certainly a reasonable rent should be part of any longer-term lease.
In addition to the modest revenue, the state receives public benefits by making an allowance for this business. For starters, the markets give local farmers a way to get their goods to buyers without a large investment; the market charges each of its roughly 60 vendors $35 for a booth.
Meisenzahl said the farmers had been seen initially as the primary beneficiaries of the arrangement, because state policy had favored the support of local produce and because the economic downturn made their needs more urgent. More recently, the number of non-farmer vendors has grown to include many crafters, but Boyar said this was a response to the community, which has a well-known, well-developed artisan business sector.
She said all goods sold must be grown or manufactured locally, however, and a final deal between the market and the state could seek to make a sensible balance a condition of the lease.
In addition, farmers have been demonstrating a determination to achieve self-sufficiency, and that is an impulse that should be encouraged. Tan Luangsiyotha, who owns Fields of Aloha, said sales of her produce generates nearly $1,500 each week, which helps her pay rent and support her three small children.
A market that enables farmers to make a living and consumers to buy local produce, should be a win-win.
Both sides need to negotiate in good faith to make that happen.
