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Maui Waena Intermediate School
Good evening ladies and gentlemen.
I am Dr. George R. Harker, aka Dr. Leisure
I have been a resident of Kihei for the past five years.
I have been studying nude beaches around the world for over twenty years.
(It is hard work, but
somebody has to do it!)
Before residing in Maui I lived in Illinois. For twenty-one years I
was a professor in the
Department of Recreation and Park Administration at Western Illinois
University.
While at the University I became recognized as an authority on public
nudity or recreational
nudity as practiced around the world. I have travel extensively researching
the phenomena
throughout the world. I have written a number of books either on or
related to the topic.
Today I am recognized as an expert in the area of public nudity and
have offered testimony in
state and federal court in the states of New York, Florida and Hawaii.
A copy of the materials
required by Federal Rule 26(a)(2). Disclosure of Expert are presented
as an attachment for your
information.
I am fairly knowledgeable with regard to the issues associated with
Makena State Park having
been involved in consulting with State Department of Land and Natural
Resources officials over
the years since 1987. I first visited Maui and Little Beach at
the behest of Friends of Little
Beach, then under the direction of Peter Rowley.
The issue of nudity in state parks was address in 1989 with the Department
of Land and Natural
Resources expending hundreds of thousands of dollars to go through
the process of properly
formulating rule changes.
Although the public input on the issue clearly showed an overwhelming
support for nude
bathing, some 2,400 letters in support with only 400 letters
in opposition, the DLNR put forth
regulations contrary to that public interest and prohibited nudity
in state parks.
In 1990 I wrote the book, Creation and Management Guide to Public Clothing
Optional
Beaches and Parks. I wrote the book because park professionals throughout
the country were
having difficulty grappling with aspects of the growing interest in
clothing optional bathing.
Material in the book is based on my study of beaches in North America.
Since its publication, it
has become the standard reference for park officials throughout North
America involved with
nude beaches.
Little Beach is prominently feature in that guide. The activities of
Friends of Little Beach
demonstrated the positive synergism that can come from concerned citizens
working with a
government entity to the benefit of the public at large.
Because of the book and my studies on the topic I have been consulted
by park officials from
Vancouver, British Columbia to Miami, Florida. The nude beach in Canada
is Wreck Beach
(formally recognized in 1990) and the one in Dade County Florida is
Haulover Beach (basically
established in 1995) following and incorporating many of the ideas
in my book.
Incidently Little Beach is ranked 10th by the Travel Channel in their
show dealing with world
class nude beaches.
The issues being raised by Charlie Maxwell today, have been raised by
him in the past. Review
the transcripts of the November 1989 Maui public hearings on State
Park Regulations changes as
but one example. It was clear from that hearing that the majority of
other native Hawaiians did
not share his views.
Indeed, there are a number of Little Beach users that are native Hawaiians
and very in tune with
their heritage. Perhaps it is time for Charlie Maxwell to pass whatever
mantel of authority he has
to one of these individuals who could better serve the greater good
both with regard to the
interest of native Hawaiians and the public at large on this committee.
(Charlie Maxwell gaveled the presentation to an end at this point.)
Lets not be naive, the proposal to limit nudity at Little Beach is an
attempt by a select few to
close Little Beach to a very popular form of recreation enjoyed by
a vast majority.
I have no doubt that there are segments of society that are adamant
in their disdain for nude
bathing or nudity in any form. The most prominently in the news
these days is of course Osama
bin Laden and his followers’.
Ironically the underlying culture of the US stems from similarly conservative
and puritanical
beliefs. Religiously persecuted individuals with very conservative
belief systems based on
Calvinism and Puritanism founded the New England colonies of the developing
United States.
Missionaries of those early colonies found their way to Hawaii in the
1800's and instilled their
belief system rather effectively in the native Hawaiians.
However, belief systems evolve and change. We see that clearly in Hawaii
with regard the issue
of nudity.
In 1970 State v. Rocker two nude sunbathers were arrested after an anonymous
caller notified
police they were nude at Pu’Ola’i Beach. The Supreme Court of
Hawaii decided that the
defendants exposed themselves in a location open to casual observers.
(I have a problem with
this remembering how hard it was to get to Little Beach in 1970.)
Move forward to 1998. Six men are arrested for indecent exposure at
Polo beach on Oahu. They
are nude on what many on Oahu consider a nude beach. In September 29,
2000 the convictions
of those that appealed are overturned by the Supreme Court of Hawaii.
The court said there had
to be intent on the part of the one nude and the person affronted by
that, had to be there. A more
complete analysis is presented in an attached
article and on my web site. The bottom line,
however, is that being nude at the beach or anywhere else is not indecent
exposure. A view
pretty much held throughout all fifty states since the early 1990's.
Financial Implications of the Nude Beach
The financial input into the community is quite significant. With the
closure of Kaloko-
Honokohau beach on the Big Island, I had an opportunity to objectively
study the financial
impact of the closing of a nude beach. Using the drop in visitors
and the Hawaiian Travel
Authorities expenditure allocations I determined that the amount was
approximately $60 million
a year. ( A copy of that analysis is
in the document I have prepared for the board and available
on my web site DrLeisure.com.)
In my opinion there is little comparison between the draw of Kaloko-Honokohau
and Little
Beach. The draw for Little Beach could be many times greater. But for
the sake of discussion
assume it is the same.
Closure of the beach would result in the loss of millions of dollars
of revenue to the Maui
economy. With that loss of revenue would be the loss of hundreds if
not thousands of jobs.
Let me say again this is a multi-million tourist draw for the island
of Maui. The loss of revenue
to Maui will be all that much more catastrophic given the events of
September 11, 2001.
Like it or not, Makena State Park is the crown jewel of state parks
and the attraction is clothing
optional bathing.
Just talk of possibly changing the use at Little Beach is having an
adverse effect on the economy
as we speak. Visitors to nude beaches don’t come to be hassled. I have
had numerous call
regarding the status of the beach. A number have indicated they will
not be coming if there is
any question regarding the quality of their visit.
Conclusions
Any action, even just talk, is or will have a multimillion dollar impact
on the local economy.
Closure or limiting nudity would be contrary to the will of the public
as demonstrated at public
forums over the last dozen years.
Arresting nude bathers would be contrary to contemporary interpretation
of state law and would
be illegal.
Recommendation:
Work hard to regain and maintain the status quo. Significant energies
need to be directed toward
correcting the damage done by the way this matter is currently being
handled. The Hawaiian
Tourism Authority and the Maui Chamber of Commerce in conjunction with
the Department of
Land and Natural Resources should come out with a definitive statement
regarding their support
of the finest nude beach in the world. This should be done as soon
as possible!
Meet with the established clientele and find out what their needs are.
These are the established
customers that have been blessing Maui with their dollar’s for many
years. Many even live here!
Have numerous public meetings and encourage the input of the public.
In working with the
Greater Vancouver Regional Authority and their planning for Wreck beach,
I found that they not
only had public hearings similar to this but they also had more informal
meetings. These
meetings were like a social tea. Individuals could interact with the
planners and discuss their
thoughts and concerns on a one on one basis. I would strongly recommend
a number of such
meetings before any decisions are made.
I have enjoyed this opportunity to speak with you. And I would be pleased
to meet with the
committee or anyone else with an interest in the management of nude
beaches. Aloha and
Mahalo
Dr. George R. Harker,
November 7, 2001
P.O. Box 1137
Kihei, HI 96753
808-250-4160
MATERIALS IN SUPPORT OF PRESENTATION
All may be found on the Internet site DrLeisure.com
Creation and Management Guide to public clothing optional beaches and
parks by George
R. Harker
Selected pages from Recreational Nudity and the Law by Gordon Gill, published by Dr. Leisure
What is the Value of a Nude Beach by George R. Harker
Is it Legal to be Nude on a Nude Beach in Hawaii by George R. Harker
World’s Best: Best Nude Beaches by Melanie Mize
Rule 26(a)(2). Disclosure of Expert Testimony
--Writer
Dr. George R. Harker can be reached by email at drleisure1@aol.com.
Article may be reproduced with appropriate credit: drleisure.com
Copyright 2001, Dr. Leisure
©Copyright
2001 Dr. Leisure. All rights reserved.
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