Ka Wai Ola - Office of Hawaiian Affairs, Volume 2, Number 5, 1 Mei 1985 — Unfair for Beach People [ARTICLE+ILLUSTRATION]

Unfair for Beach People

By Hayden Burgess Oahu Trustees

A three-year-old carries a sign, "I am homeless, not a criminal," as she waits for Mayor Frank F. Fasi's troops to arrest her parents at Kahe Beach Park. Further down the Waianae Coast, others line the road leading to Keaau Beach Park displaying signs and handing out leaflets. One sign read, "WE PUT FAS1 IN, NOW HE'S

PUTTING US OUT. WHY? WHY?" Fasi, the public believes, has been humane and kind in providing that Makaha relocation site for the families. But, if the public understood the real issues and facts concerning this relocation site, they would conclude that it is not a decent or safe alternative, but is merely a plaee to conveniently and quickly hide the embarrassment of homelessness in paradise. Fasi says he's bewildered by the ingratitude and noncooperativeness of the people because they did not agree without question to move to the site that he and his staff had provided. Tell me, would you squeeze your children and family onto a plot of dirt about one-half acre in size with 60 plus other families? What if the very dirt you pitched your tent and on whieh your children walked was chemical)y untested in view of reports that there may have been ehemieal dumping on that land? What if everytime you took a shower the water ran down onto the dirt creating a muddy mess? What if that plot of dirt was in a flood prone area? And in a tsunami danger

area? What if there was a pond whieh was unfenced and accessible to your children? And what if there was no shade from the terrib!e heat? And what if there was no access to a telephone for any emergencies? WOULD YOU RISK PUTTING YOUR FAMILY IN THESE CONDITIONS? We agree with Fasi that this is not a suite at the Royal Hawaiian Hotel. But the people have never asked for that. What they want is a safe environment to occupy temporarily until they ean find affordable housing either on their own or through government development or referral.

Names of Kahe Point "beach people" are printed on this boxspring as a reminder to city officials. Note park sign just above mattress.

In addition, and just as important, the public is unaware that in order to move onto this relocation site the people are required to sign a contract whose terms are unfair, one-sided and amount to being a "contract of surrender and submission."

Wou!d you sign a contract whieh said that: 1. If anyone died or was hurt or sick on the property, you could not sue the City, but had to "hold harmless the City and all of its officers, agents and employees from all deaths, losses, injuries and damages to persons or property . . ." 2. The City ean make inspections of persons, property and the site at any "reasonable time" between the hours of 7 a.m. and 5 p.m. without giving any notice. If they lived in a house the City would not dare suggest or be able to eome into and inspect your property without a proper warrant.

3. The City ean kiek the people out of the relocation site at any time and for any reason defined by the City as being a "breach of the terms or provisions" of the contract "upon two weeks' prior notice." By the terms of the contract it appears that not only the person who breached the contract is subject to eviction, but upon a breach the City has the right to "enter and obtain possession of the entire premises." 4. Only "the interpretation given and made by the City shall govern and control." This provision cuts off any discussion or legitimate disagreements and concerns the people may have about the contract. It (s important to remember that in a contract the parties must have negotiated and eome to an agreement as to the terms of the contract. In this case, Fasi and his administration have never onee sat down and negotiated with the people, therefore, there cannot be any mutual agreement about the terms of this contract.

When you consider the relocation site in relation to the contract the people must sign in order to relocate there, it becomes clear that Fasi's "solution" solves nothing. It diverts positive energy away from getting to the root causes of homelessness. Is it any wonder then that the people have resisted the move to the relocation site? They prefer to fight for their right to have a home and their right to live like you and me, with a roof over their heads, a warm shower, a home-cooked meal and their right to dignity and to be treated like human beings.