Laki Kaahumanu v. State of Hawaii, Department Of

Good Law
682 F.3d 789·2012 WL 2018171·42 Envtl. L. Rep. (Envtl. Law Inst.) 20118·2012 U.S. App. LEXIS 11391
United States Court of Appeals for the Ninth CircuitJune 6, 201210-15645California9,290 words

Opinion

Opinion

Fletcher, J.

Plaintiffs are Laki Kaahumanu, a Native Hawaiian pastor who performs religious wedding ceremonies, and Maui Wedding and Event Professionals Association (“Event Professionals”), an association of individuals and businesses providing commercial services for weddings. Defendants are the State of Hawaii Department of Land and Natural Resources (“DLNR”), which manages, controls and administers public lands in Hawaii, and William J. Aila, Jr., Chairperson of the Board of DLNR.

Plaintiffs bring a First Amendment and other constitutional challenges to regulations and associated guidelines that require permits for “commercial weddings” on public beaches in Hawaii. We uphold the regulations and guidelines in all respects but one.

I. Background

Over 200 public beaches in Hawaii are under DLNR’s jurisdiction. See Beaches, Hawaii Department of Land and Natural Resources, available at http://hawaii.gov/ dlnr/land/forms-l/WikiPermitLocations. pdf (last visited Feb. 10, 2012) (listing beaches). These include such beautiful beaches as Wailea Beach on Maui; Waimea Bay Beach on Oahu; and Papohaku Beach on Molokai. Many commercial companies provide services for recreational activities on…

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