Kalani Oceanside Retreat asks for help

[Rob Tucker]

Aloha Friends and Neighbors….please read the following email from Kalani….and help keep EMAX open…this important gathering place hosts many events…including our elections, meetings, ecstatic dance, etc.

Thanks for your consideration….and please pass this along to our friends and neighbors here along the Red Road….

Mark


Kalani's Hawaii County Planning Department Appeal

Aloha Kalani friends,

Here's an opportunity to assure the continuance of community programs with a quick e-mailed note of support. The ideal support is to show up at the Appeals Board hearing on September 11 with your letter in hand, ready to read it! Next best is a paper copy mailed to Kalani (see mailing address at the bottom of this page). Next best is an email version. Mahalo for your support!
The County's demand:

That the EMAX greenhouse (in memory of beloved dancer co-founder Earnest Morgan), located near the entrance of Kalani, can only be used for working with plants, and Kalani must remove the free-floating wood floor and stop having all other activities, particularly dance.
Kalani's response:

Kalani has appealed the notice, and a public hearing is scheduled for 9/11/09, 10 a.m., in the County of Hawaii Aupuni Center Conference room, 101 Pauahi Street, Hilo.

I and Kalani ask that you please attend and send a support letter to:

BJ Leithead Todd, Planning Director, County of Hawaii Planning Department, 101Pauahi St. #3, Hilo, HI 96720 planning@co.hawaii.hi.us

Mayor Billy Kenoi, County of Hawaii, 25 Aupuni St, Hilo, HI 96720 cohmayor@co.hawaii.hi.us

and please copy to me, and I will print your letter and bring it to the meeting Richard Koob, richkoob@kalani.com, RR2 Box 4500, Pahoa, HI 96778

Kalani should be allowed to continue using the greenhouse for working with plants, dancing, yoga, art exhibitions, lauhala weaving, voting, massage training, and all other uses consistent with Kalani's Hawaii-nature-culture-wellness educational mission, the needs of area residents, and special use permits from the County of Hawaii, allowing and supporting Kalani arts, agriculture and wellness educational activities,
Because...

The greenhouse is fully permitted as an agriculture building within a County approved special use arts-agriculture-wellness area.

The use is consistent with sustainable agriculture practices, which, by definition "address the environmental, economic, and social issues related to agricultural systems; attempt to ensure that arable land is protected so that current and future generations will be able to farm it successfully; and also seeks to preserve the vitality of family-owned farms and rural communities." See www.encarta.msn.com/encyclopedia_761579898/Organic_Farming.html



The use has historic precedent - local and global.

Traditional Hawaiian sustainable agri- and aqua-culture practices are well documented. Captain Cook arrived during the Makahiki Festival, which honored Lono, deity of peace and abundance. The harvest festival included hula, sports and feasting. The ahupua'a site of Kalani has preserved halau and Lono heiau sites - evidence that dancing and other arts and wellness activities have been fully integrated with farming on the land for the past 500 years. Greenhouse-like halau spaces used for weaving, tapa making, dye stamping, canoe carving, poi pounding, etc., were clearly used for arts, wellness and working with plants.

Around the world farming communities have included creative, industrious people that maximize the use of whatever shelters and spaces they have (long-houses, barns, sheds, greenhouses, fala, platforms, lawns, fields, churches,...) to work with plants as well as meet, vote, dance, stretch, massage, drink kava, socialize, tailor, sing, pray, wed, birth, die,...). Farming and dancing (i.e. agri-culture) have been intertwined for 9,000 years. See Yosef Garfinkel, Dancing at the Dawn of Agriculture: Dance and Display at the Beginning of Farming www.amazon.com/Dancing-Dawn-Agriculture-Yosef-Garfinkel/dp/029272845X/ref=ntt_at_ep_dpt_1 Hundreds of video clips can be found on the web showing everything from bon to barn dances, celebrating farming, and sometimes hugely marketing agricultural products, like the hula girl on the pineapple can, or, for a fun banana promo, watch Carmen Miranda www.veoh.com/browse/videos/category/music/watch/e148630AmrwmSKT



The use is common today -- local and global.

Greenhouse structures on agricultural land in Hawaii and around the world are used by agrarian peoples for the same uses Kalani employs, and more, including housing, classrooms, art studios, assembly spaces, mechanical and maintenance uses. Green-houses are generally sturdy efficient eco-shelters that can handle harsh arctic weather, or, here in the islands, often embrace natural air, light, and views, using less energy and less non-renewable building material than other structures of similar strength. Like the garages and barns that nurtured American art and invention -e.g. Hewlett-Packard computers and Jackson Pollock paintings - greenhouses are core creative spaces for the farming+culture innovations that characterize contemporary sustainable agriculture.



The use is socially and economically essential on the basis of...

Human rights. The rural Puna coast community has the right to safely and peacefully meet, vote, pray, celebrate, honor, and educate in its own law-abiding way and place. The activities that have been presented in the EMAX greenhouse are standard activities that every community has a right to participate in, being held in a legal permitted structure that perfectly accommodates them, located in a special use designated area that especially approves and supports their arts, farming and wellness character. This is optimum greenhouse use supporting sustainable agrarian community. Diminishing the use of the greenhouse diminishes Hawaii by forcing people to waste energy and risk safety by driving further and crowding public roads to receive the same services that Kalani, without County restriction, generally provides.

Sustainable land use. This appeal meeting is being held on the anniversary of 9/11, a day that awakened the world to the need for more safeguards for peaceful, sustainable living. With full retreat build-out, per existing County approvals, Kalani's land parcels will remain less than 5% retreat structures and over 95% agricultural - forest, soil conservation, organic orchard-gardens, botanicals, farm roads and structures. While the Kalani `#257;ina and heritage sites are being organically stewarded for current and future generations, volunteers and visiting student guests and faculty from around the world are drawn to participate in the unique farming-plus-culture experience that is Kalani Oceanside Retreat. With a dollar spent elsewhere in Hawaii for every dollar spent at Kalani, this annual $5,000,000 eco-tourism stimulus to the local economy has grown to an estimated $100,000,000 boost to the State's economy over Kalani's 34 years of operation, ten acres of which began in 1975 as a papaya field and a cattle pasture.
Conclusion

If the County does not rescind its violation notice and its demand that Kalani stop using the EMAX greenhouse for dance and other sustainable-agriculture nature-culture-wellness educational community activities, then the County is restricting people's rights to assemble and forcing people to drive further or move for services, or the County will eventually tax citizens to provide such services. Additionally the County is, in times that are already economically challenging, acting to curtail bona fide educational eco-tourism and sustainable agriculture income, and risking increased unemployment. And the County is wasting its human resources, and the cost thereof to taxpayers, instead of acting to curtail the many known structure and land abuses that, unlike Kalani, are actually injurious to people, animals and the environment (e.g. methamphetamine factories, cock fights, auto stripping and devastation bulldozing).

Today's global challenges call for inspired leadership at all levels, from those of us who direct centers for learning to those of us who voters have placed in government to help assure that the sustainable agri-culture dance of farming and culture continues for generations to come. This is the kind of cooperative visioning Kalani has had with County leaders since 1975. Let's keep it happening, and growing!

- Richard Koob

[JWFITZ]

Wow. That's a bummer. Anybody have any idea what led up to the obvious complaint somewhere in the works? Noise ordinance or something? I'd enjoy a little more information.

Thanks for the heads up on that, Rob.

[Kelena]

If they weren't so ecstatic with their drumming, things might have gone more smoothly. Reading this though, it is apparent that they did NOT DO the one simple expedient thing: hire a lawyer. County "restricting people's rights to assemble"? This displays a poor understanding of both constitutional rights and the rights of a county to regulate for the general welfare.

So, as a lover of Kalani and almost everything that takes place there, except for ecstatic drumming and certain third-eye explorations, I say: Get a lawyer!

[Bob Orts]

What was the reasoning for the violation? Was it an incompatable use, or a fire hazard? Somethings can result in a change via public support and some things are just plain old health and safety which can not be overcome by public support. So, in all fairness, if they want public support, tell us the reason why the violation was issued.

[JWFITZ]

In my experience the "main reason" behind the issue is that some one else wants the real estate. That would be the scent trail I'd pick up on.

Sure, no matter how sustainable or in touch with yourself you might be, it's worth not drumming your butt off all night long. You might expect a complaint. Still, in the context of barking dogs, sub-woofers(not dogs), meth labs, domestic violence all night long, drag racing hondas, or whatever, it seems very low on the priorities list.

Interesting to me, for sure.

[Kelena]

Basically, it sounds like they were using a permitted greenhouse for every possible ecstatic activity they could think of other than growing plants. And, oh, the plants you could grow in there. Kalani is to me the very essence of kooky Puna. I love it. It makes me smile. I never go to Puna without also going to Kalani. But c'mon Kalani.....honestly, I don't think I could address a problem with conditional use permit while the Male Nude Yoga festival was taking place either, but we have to rise to the occasion, identify the problem, make that problem clear and sympathetic to others, and then rally their support.

I am not sure what I am supposed to write to the Mayor other than "I like Kalani alot, it is an important tourist attraction, and you should give them some leeway."

Ah, no.....that guy's doin' a handstand. Lost me there.

[JWFITZ]

Which is why, Glen, you have a moral imperative to do so.

Paraphrasing from you know who;

"Should a man, for a moment, or in the least degree, resign his conscience to the legislator? Why has every man a conscience then?"

And, as follows--

"The Mass of men serve the state, not as men mainly, but as machines, with their bodies. They are the standing army, the militia, jailers, constables, posse comitatus, etc. In most cases there is no free exercise whatsoever of the moral sense; but they put themselves on a leel with the wood and earth and stones; and wooden men can perhaps be manufactured(and are) that would serve purpose as well.

Such command no more respect than men of straw or a lump of dirt. They have the same sort of worth only as horses and dogs. Yet such as these are commonly esteemed good citizens."

If justice would be our aim, and a better future: Here's a resolution: Cool the drumming, and the State leave them alone. That would be the right thing to do. Acting so, and supporting so, as Thoreau says, that's why we have a conscience. I understand the law doesn't understand that. But the law "is an ass."

[Seeb]

is there anyway we can get a look at the text of the citation and the appeal

[Rob Tucker]

I'm working on it.....

[JWFITZ]

Thanks, Rob.

Curious question, idle and aside, perhaps Bob can answer it. It comes from my late great uncle who was chair of the dept at UW for years, and it's a good question.

Why is it, actually, that in a constitutional system where "innocent until proven" guilty is the default, that I need to prove, very often, in civil cases, that I'm innocent in the absence of any violation. For example, locally, why is it my burden to prove my cesspool works, rather than the state's responsibility to prove it doesn't. Or to prove that my house won't fall down. It hasn't, isn't that proof enough? To broaden the conversation, if we get into constitutional issues(Thanks, Clarence) why is it that a cop has the right to not stop anyone on the highway at 55.0000000000000001 MPH over the speed limit. The fact that he lets some people slide is a direct constitutional issue, where the enforcement agents are usurping the judicial agents. A cop does not have the authoritiy to pick and choose, who he'd like to bust, only enforce. That they do, all the time is wrong. Wrong, straight up, and lends to abuse. Many other kinds of examples abound. Anyway, was his opinion(my g-uncle) that a lot of progress could be made in such kinds of arguments. Seems a good point. Actually, what is clear, as I see it, is that a cop doesn't have the right to let anything slide. Even one millionth of a violation. There's the rub, and the interesting issue. We live in a culture in which we've outlawed almost everything and then hope for selective enforcement to favor us. That's hardly justice. This whole issue above seems like one of those.

I think I can answer that. The answer is why my sweet potato patch gets regular overflights of helicopters and Bernie Madoffs accountants never got a single audit.