Hawaii’s beaches are out of bounds for commercial activity without a permit, and a federal appeals court has ruled that includes weddings, as small as those limited to a minister, bride and groom. The matrimonial rules on sand were adopted by the state Department of Land and Natural Resources, and the broad regulations are justified and were long in coming only a decade ago.
Last week’s ruling by the 9th U.S. Circuit Court of Appeals was a timely reminder that the public has first rights to Hawaii’s beaches. No longer can they be commercially congested, and beginning in 2002, a business is rightfully required to buy a state permit to make a profit on the beach, with certain limitations. Beach weddings continue to be popular on Oahu and the neighbor islands, as more than 7,000 vows were made by couples during the first year of the permit requirements.
Commercial activity at beaches is of growing concern. Honolulu’s City Council is grappling with restricting or banning companies that operate tour buses as well as those that conduct kayaking, windsurfing and other activities from operating at Kailua and Kalama beach parks.
The state wedding rules were designed to limit conflicting uses of beach areas. The late U.S. District Judge Samuel King noted they were justified in "keeping public beaches open to the public, toward minimizing congestion, promoting maximum use, encouraging safety and cleanliness, and assuring accountability for possible damage."
The terms for weddings forbid alcohol, amplified instruments, tables, tents, tarps, ocean recreation equipment or chairs, except for chairs for the elderly, infirm or disabled people attending the ceremony, among other things. The wedding party is not allowed to reserve an area in advance or remain for more than two hours, and cannot displace people already on the beach. The fee for a permit is small — a dime per square foot of the requested beach area, with a minimum of $20 per wedding.
One objection by those performing the ceremonies was a requirement that they obtain "comprehensive public liability insurance" of at least $300,000 per incident and $500,000 covering the assemblage. That seems a lot, but the cost of insurance amounts to as little as $250 a year. One minister said she does only a few weddings a month; if that means three a month, the appellate court noted, the cost would be about $14 per wedding.
Hawaii remains among the favorite venues for couples to marry under spectacular scenery. Those services were essentially unregulated in previous decades, and the requirements are necessary to maintain the beautiful setting for visiting couples and resident beach goers alike.
