The Haleiwa Arts Festival and Wahiawa’s Pineapple Festival can continue as in previous years following a change in the interpretation of a new law governing commercial activity at city parks.
Mayor Kirk Caldwell said Tuesday that city attorneys say it’s OK for nonprofit events such as the Haleiwa Arts Festival and Pineapple Festival to be held, even if they include for-profit vendors who may be brought in to provide anything from food to electronic rides.
Organizers had been turned away when they went to the Department of Parks and Recreation for permits to hold both events in 2013.
"An overly broad interpretation of legislation that was passed last year by the Parks Department … is going to be rolled back," Caldwell said at a news conference. Attorneys with the Department of Corporation Counsel confirmed the interpretation "should be much more narrow."
Caldwell said events such as the Haleiwa Arts and Pineapple festivals are important to the fabric of Oahu’s communities. "It’s (about) pulling together a community around these legacy towns to celebrate all the good in life," he said.
The new interpretation replaces the reading of Ordinance 12-28 by the administration of former Mayor Peter Carlisle. Introduced as Bill 11 (2012) by Councilman Ikaika Anderson, it was intended to bar a growing influx of kayak tours and other commercial activity at Kailua and Kalama beach parks. But Carlisle’s parks officials and attorneys said the language barred commercial activity at all parks, not just at Kailua and Kalama.
Caldwell’s announcement appears to make moot the need for a new bill, Bill 5 (2013), introduced by Council Chairman Ernie Martin, that would have carved out an exemption for nonprofit events that rely on profit-making vendors.
Officials told members of the City Council’s Parks Committee that both the Haleiwa and Wahiawa festivals would need to be canceled unless a change in the law was made. Former Parks Director Gary Cabato, now an executive assistant to Parks Director-designate Toni Robinson, warned that the for-profit portions of other festivals such as the Honolulu Marathon and Lantern Floating Hawaii would have to be nixed, although the events themselves could continue.
The ban on commercial activity will continue at Kailua and Kalama, the mayor said.
Strictly for-profit commercial activity at city parks still will not be allowed unless a vendor has been given a permit to do so specifically, such as a food vendor under city contract or windsurfing instructors operating at certain places, Robinson said.
Anderson said the Caldwell administration’s interpretation confirms what Council members thought all along — that the ban applied only to Kailua and Kalama beach parks. He said it was never his intent, or that of the Council, for it to be applied elsewhere around the island.
Officials with the Haleiwa Arts and Pineapple festivals thanked Caldwell and the Council for their efforts in ensuring their events could be held.
Bob Lormand, vice president of the Wahiawa Historical Foundation, which puts on the Pineapple Festival, said the event relies on food and craft vendors that would have been banned under the old interpretation of the law. Organizers had actually made the decision to scrap the annual festival, which has been held annually in May. With the new law, organizers now say the festival can be held in August.
"We think we have time now to court fundraising and get things organized enough to do it in August," Lormand said, noting that the event is less of a fundraiser for the foundation and more of a community celebration.
"We like to share our story, our unique pineapple heritage," Lormand said. "We were the pineapple capital of the world until the ’50s, and so it’s very important to the community to share that."
Haleiwa Arts Festival Executive Director Moana Bjur said the popular event has been held for 16 years. "We understand the issues that arise from an overabundance of commercial activities in our parks," Bjur said. "We also know that there are several wonderful annual events that strengthen our small communities."
