To the Planning Committee

June 25th, 2009

To Whom It May Concern,

I am writing in reference to the permitting process that has been taking place on Maui and in the State of Hawaii in the recent years.

I will start with the quote " small business is the backbone of our country".

The Definition of Free Enterprise - Business governed by the law of supply and demand, not restrained by government interference or regulation.

Right now there is little or no demand in our islands and yet the County and State are doing everything they can to make it worse. Why are you shooting the geese that lay the golden eggs?

A free market system creates competition and encourages entrepreneurs. When all the little companies market their businesses in magazines, TV, radio, etc.... it brings the people to Maui and Hawaii. The same people that will stay in the Hotels, rent cars, eat in restaurants, etc..... This is how the people in these islands make their money to live.

If you take away this advertising in a market that is already a disaster, what is left. Why will anyone come to Maui or Hawaii. Believe it or not there are places that welcome the visitor industry. Las Vegas, Disney, The Bahamas, and even Figi to name a few, are marketing to the visitor industry.

Do you really think that the visitors want to come here to just stay in their Hotel and do nothing? Or is it possible the Hotels will soon be the only venue left for the visitor to use for their wedding, water sport or photography.

First of all if you make rules and regulations they need to be enforced fairly. So far this is not happening. For example the wedding industry has rules and regulations and is now limited to the beaches they can use. Besides discouraging couples to come here to get married these regulations have made it easy for some companies that do not follow the rules to steal business from the ones that do. Meanwhile the Hotel industry thinks that it is benefiting from the independent businesses being shut down.

Wow, are they wrong. Most visitors can barely afford their room let alone the prices that the Hotels charge for weddings and activities. By taking away the less expensive activities that they come here for you take away their reason to come and by stopping the independent companies you eliminate competition which means (most importantly) that an activity that does exist with a permit does not really have to perform well to keep the business. What it does mean is that sooner or later the visitor will become discouraged with the quality of the activities in Hawaii and go somewhere else. Surely you know that there are other places for them to go!
Is this good for the economy in these beautiful islands?

Next I would like to say that I am out on the beaches a lot and I have yet to see in 21 years, an overcrowded beach. I have yet to have anyone come up to me and complain about me being there with my business and I have never had to interfere with the public's use of the beach. There is a lot more behind your making these rules and regulations than you are telling us.

For instance big Corporate Money and control. The whole permit system is being used by Government in Hawaii to control who makes money and who does not. It is not in the best interest of the residence of Hawaii or the visitors. It enables people with the power of permitting to control who survives and who does not. It also encourages corruption and crime. You will never be able to convince me that people with the power do not take bribes or campaign contributions, or gifts, or whatever you want to call them in this permitting process.

While I am at it I would like to touch on selective enforcement. It is very obvious in these islands, who gets away with what. One only has to check the marriage licenses that are being filed with the location of the wedding to see that weddings are very much alive and well on Kaanapali Beach. However my company cannot do weddings on Kaanapali Beach.

I as a Photographer cannot take visitor photos on Kaanapali Beach and yet the Hotels have Hotel Photographers doing it everyday. I have enclosed a photo of a company at Whalers Village that exists today while I have to tell clients I am not allowed to do photography on Kaanapali Beach. What is wrong with this picture?

Is it a conspiracy by the Hotels to control everything? That is my conclusion. I certainly have the proof. If this is the case it should already be obvious that their controlling everything is not going to work.

During the last recession in 1988 and 1989 when businesses in Maui were closing like crazy my wedding business did very well. The reason is that people could not afford large weddings at home so they opted for the Destination Wedding and I was marketing so I brought them to Maui to get married. In this recession it would be the same if it were not for the fact that because of the Rules and Regulations most of us cannot afford to market weddings anymore. This will happen to the activity companies as well. Now, when we are all gone, all of us little people, who will be bringing the visitors to Hawaii? Do you really think that everyone comes to these islands just to stay in expensive Hotels. It is the other way around. We little people bring the visitors and they have to stay in the expensive Hotels. It would be nice if they could stay in a less expensive B&Bs or Vacation Rentals. Then even more would come!

Your tired rules and regulations are forcing the people of these islands into Bankruptcy and starvation. Many good people are leaving to find work on the Mainland. A lot of them that are leaving are Hawaiian. This means that the Hawaiian culture will also go with them. Then what?

You have been given a position of power and it is up to you to do the right thing. You should not do what the money wants you to do. You should do what is right for the people of these islands. Ultimately it will be Pono for you as well.

No business means no tax income as well.

Think! And do the right thing!

Sincerely,

Sandy Barker