Posted by: lokahipath | June 18, 2011

Widow couldnot get to Larsen’s for Memorial Ceremony for Husband

Widow Ngoc-Lan Pham and her Vietnamese – American family flew in from California for a Memorial Ceremony at Larsen’s Beach/Lepeuli where her husband died thirteen years ago.

Mrs. Ngoc-Lan Pham (in red shirt) attempts to get to Larsen's Beach, one day after Paradise Ranch fences off the Alaloa!!!

Mrs. Ngoc-Lan Pham attempts to use Public Access to get to Larsen's Beach for Memorial Service for her husband who drowned there 13 years ago.

She flew in from California on 5/21/11 – one day too late for her to use the traditional, ancient trail to Larsen’s Beach -the Coastal Alaloa.

She tried to go down the bluff on the new County Easement, but could not because it was too steep and dangerous.

The trail was ALWAYS open and accessible before May 20, 2011. Mrs. Ngoc-Lan Pham could not get down to the beach because Paradise Ranch fenced off the lateral Alaloa. The new County Easement is not Family Friendly and the county-owned Right-Of-Way (Lot 4) is blocked by vegetation and not defined or maintained. Mrs. Pham came from California but could not get down to Larsen’s Beach.

“My husband, years ago, he came here and he goes snorkeling and he passed away down there. And I never got a chance to see the beach so today my daughter took me here so I can go down there and see the water and feel the water and see where he died.

But because the steep road I cannot go down because I got brain injured about two years ago. So I couldn’t go down.

Thirteen years ago he passed away down there. And that’s why when I looked at that I said no – I might be able go down but I might not be able go back up. And so my son and my daughter try get me down there but I say no. I just say nothing and look at the water.

Too steep. Too steep.”

Mrs. Ngoc-Lan Pham was prohibited from performing her memorial ceremony at the beach where her husband died because the traditional lateral trail was fenced off by Paradise Ranch.

Perhaps Mrs. Ngoc-Lan Pham could have used the more gradual County Right-of-Way, built in 1979 by the Boy Scouts. This trail is blocked by vegetation – naupaka and milo – and has not been adequately maintained by the county. The Kilauea community has been asking the County for Ka`aka`aniu Trail maintenance to Lepeuli/Larsen’s Beach for over 2 years. Why does the County of Kauai fail to maintain Public Access on this county Right-Of-Way?
Why can’t Mrs. Ngoc-Lan Pham get to the beach for her husband’s Memorial?

§115-9 Obstructing access to public property; penalty. [Repeal and reenactment on June 30, 2013. L 2010, c 160, §7.]
(a) A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:

(1) A public right-of-way;

(2) A transit area;

(3) A public transit corridor; or

(4) A beach transit corridor;

and thereby obstructs access to and along the sea, the shoreline, or any inland public recreational area.

(b) Physical impediments that may prevent traversing include but are not limited to the following:

(1) Gates;

(2) Fences;

(3) Walls;

(4) Constructed barriers;

(5) Rubbish;

(6) Security guards;

(7) Guard dogs or animals; and

(8) A landowner’s human-induced, enhanced, or unmaintained vegetation that interferes or encroaches within beach transit corridors.

(c) Obstructing access to public property is a misdemeanor.

(d) Minimum fines for violation under this section shall be as follows:

(1) $1,000 for a second conviction; and

(2) $2,000 for any conviction after a second conviction.

(e) As used in this section:

“Landowner” means the record owner of the property or the record owner’s agent, including a lessee, tenant, property manager, or trustee.

“Person” means a natural person or a legal entity.

“Public recreational area” means public lands or bodies of water opened to the public for recreational use. [L 2004, c 169, §2; am L 2010, c 160, §4]



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