Dr. Troy Andrade, Law Professor at the William S. Richardson School of Law, joins producer/host Coralie Chun Matayoshi to discuss unique Hawaii laws that protect the beauty of our natural environment and wildlife and even laws regarding the Aloha Spirit.
Q. Hawaii is the most isolated population on the face of the earth with a distinctive history and legal system. And we have some unique laws, including those that prohibit certain behavior in parks, protect natural resources, and address safety concerns. Today we’re going to dive into a few of these unique laws. Can you give us an example of a unique law in Hawaii that perhaps folks don’t realize is a law?
I would start with billboards! You travel throughout the continental United States, and you will see huge billboards lining the freeways on top of building. These billboards are advertising, especially for legal help. The ban really came about in the 1920’s as a response to advertising efforts and the ways in which that conflicted with the state’s natural beauty. I think we can all agree that we have some pretty unique natural features in our islands. Lush green mountains, bright rainbows, scenic ocean views, and beautiful waterfalls. We also know that it is generally these natural features that bring others to our shores, which obviously helps our economy. So, the ban on billboards was to accomplish many different purposes, including preserving the sightline of natural beauty for residents and tourists alike, and to a small extent preserving cultural and environmental rights. As you can see there really is a rich context to this unique law.
Q. What has the impact of the billboard ban had on Hawaii?
Well, I think obviously Hawaii would be a very different place if along the H-3 or the Pali Highway there were large billboards advertising for personal injury lawyers or accountants - no offense to lawyers and accountants. Imagine having large billboards that blocked the ocean view as you drove along the west side of Oahu. I don’t think it would be beneficial for anyone. So, I think it has had a positive impact for all of us. It does also promote our wellbeing and connection to this place we call home. To be honest I think tourists don’t even notice that we don’t have billboards, but I think if we did have billboards, I imagine that tourists would notice. But you know businesses have had to find workarounds to advertise (and I think they’ve been fairly successful). Some now have wrapped their vehicles in ads or focused on traditional print and now digital advertising avenues.
Q. While we’re on large billboards, are there other unique laws to protect the beauty of our natural environment?
I’ve heard some talk about a law in Kauai that precludes buildings from being taller than a coconut tree. I was just on Kauai and you look around and there really aren’t a lot of tall buildings. I checked the building code and there is a four story height limitation on buildings in Kauai County. I didn’t see anything about coconut trees. But, these types of height limitations are, like billboards, generally intended to protect the view plane so we all can enjoy the beauty of the mountains, oceans, and natural environment. To assure our peace of mind, there are also unique noise laws that prohibit loud amplified music. Recently, for example, the Honolulu City Council passed a law that prohibits loud amplified music from playing near homes or hotels in Waikiki after 7:00 pm. The City Council wanted to ensure peace of mind and tranquility for Hawaii citizens and tourists alike.
Q. Not every state has monk seals, whales, and turtles that people want to post Instagram photos of themselves with. Are there laws to protect our wildlife?
We have other laws that protect our unique wildlife. We have, for examples, laws that require people to keep their distance from humpback whales and laws that prohibit feeding monk seals and other marine mammals. Technically, there are no formal distances to keep away from other animals like turtles, or monk seals, but the government does provide some recommendations for distances from animals to protect you as well as the animals. They recommending staying at least:
- 10 feet away from sea turtles
- 50 feet away from Hawaiian monk seals
- 50 yards away from dolphins or small whales
Over the last few years, we have seen some folks getting into trouble with monk seals. All of which could have been avoided if they just kept their distance. To protect our reefs and oceans, our Legislature passed a law right to ban certain types of chemicals to be present in sunscreen. They banned sunscreens with the chemicals oxybenzone and octinoxate as those chemicals caused genetic damage to marine life, including coral reefs. This new law forced the sunscreen industry to provide alternative sunscreens with more mineral-based components. We still have some tourist bringing in sunscreens that don’t satisfy the law, but stores have quickly adjusted and no longer sell these harmful sunscreens.
Q. Is there really a law regarding the Aloha Spirit?
One of my most favorite and absolutely unique laws to Hawaii is often called the “Aloha Statute” or the “Aloha Spirit Statute.” And this law is found in Hawaii Revised Statues Section 5-7.5. The law defines the “Aloha Spirit” as “the coordination of mind and heart within each person. It brings each person to the self. Each person must think and emote good feelings to others.” The law asks lawmakers in Hawaii, including the legislature, governor, lieutenant governor, executive officers, and all justices and judges to “contemplate and reside with the life force and give consideration to the ‘Aloha Spirit,’” when they are making decisions that affect all of us. Interestingly, the law, which was crafted by Aunty Pilahi Paki, uses the word aloha as a pneumonic to describe various traits that comprise aloha, and I think it’s worth sharing those traits with your audience because it is in the law.
Q. What are those traits?
So, the first “A” in aloha stands for akahai, which kindness to be expressed with tenderness. The “L” stands for lōkahi, meaning unity, to be expressed with harmony. The “O” stands for ‘olu‘olu meaning agreeable, to be expressed with pleasantness. The “H” stands for ha‘aha‘a, meaning humility, to be expressed with modesty. The final “A” in aloha stands for ahonui, meaning patience, to be expressed with perseverance. These five character traits, according to the law, express the charm, warmth and sincerity of Hawaii's people. In the law, “aloha” is more than a word of greeting or farewell or a salutation. “Aloha” means mutual regard and affection and extends warmth in caring with no obligation in return. It is the essence of relationships in which each person is important to every other person for collective existence. Again, these traits are what the law expects of our decision makers and, to a large extent, all of us as members of this community.
Q. Sounds nice, but has this law ever been used?
There are examples of a few cases where judges have used this law to throughout history as a way to provide an obligation on decision-makers in our beloved Hawaii. Earlier this year, for example, in a Hawaii Supreme Court decision that, in essence, concluded that there was no state constitutional right to publicly carry a firearm. Among his many arguments was a reference to this Aloha Spirit law. He wrote, “The spirit of aloha clashes with a federally mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities. ... We hold that in Hawaii there is no state constitutional right to carry a firearm in public. … The history of the Hawaii resident Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others.” In another example, from 1996, Judge Daniel Heely used the Aloha spirit statute to conclude that the Office of Hawaiian Affairs was entitled to a portion of revenues from public lands. In ruling in favor of the Office of Hawaiian Affairs on its request for the state to provide it funding, Judge Heely wrote “[t]he court cannot conceive of a more appropriate situation in which to attempt to apply the concepts set forth in the Aloha Spirit law, then ruling on issues that are directly related to the betterment of the native Hawaiian people.” So, this law is really unique and special to Hawaii.
Q. How do you see these unique laws continuing to play a role in Hawaii?
I would say that most “unique” laws are created in response to addressing some critical need or to protect something of vast importance. I think these examples I’ve shared are special and uniquely designed and tailored around protecting the things that make Hawaii unique. Especially on the “Aloha spirit” statute, I hope lawmakers and judges continue to practice these values. We should make large posters and post them in every government office to constantly remind our civic leaders of their larger obligations to everyone in Hawaii.
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Disclaimer: this material is intended for informational purposes only and does not constitute legal advice. The law varies by jurisdiction and is constantly changing. For legal advice, you should consult a lawyer that can apply the appropriate law to the facts in your case.