Waikīkī Fights to Keep Beaches Public; Threatens $5K Fine to Luxe Hotels

But Hawaiʻi is stepping in to ensure beaches are for everyone, and making the public have just as much right to sandy space as anyone else. On August 2, 2024, the state’s Division of Boating and Ocean Recreation (DOBOR) within the Department of Land and Natural Resources issued cease-and-desist letters to four Waikīkī oceanfront resorts and five Waikīkī Beach activity operators.

DOBOR delivered cease-and-desist letters in person to resorts and operators for which it had photo evidence of violations. Photo: Hawai’i Department of Land and Natural Resources

The letters warned the hotels and businesses that they were violating a law against “pre-setting” beach supplies. Essentially, it means businesses aren’t allowed to set up beach items like chairs and umbrellas in the morning. While that’s certainly easier from a staffing perspective, the law alleges that it effectively takes space away from public beach-goers and makes it seem like the section of beach in front of that resort is just for resort guests. Instead, hotels and rental companies are supposed to only set up items like chairs and umbrellas when a guest want to use them, and should remove them from the beach when the customer leaves.

A photo showing pre-set chairs taken by the state’s DOBOR in July 2024. Photo: Hawai’i Department of Land and Natural Resources

In July of 2023, DOBOR sent notices to many properties on Waikīkī Beach to inform them of the law. The nine properties that just received the formal cease-and-desist letters were observed disregarding that instruction during site visits between July 2023 and July 2024. The DOBOR release includes photo and video evidence of violations at the Royal Hawaiian Hotel, the Moana Surfrider Hotel, the Outrigger Waikīkī Hotel, and the Sheraton Waikīkī Beach Resort. The five activity operators that received similar letters include Waikīkī Beach Services at the Royal, Waikīkī Beach Beachboys at the Sheraton Waikīkī, Faith Hawaiʻi Surf School, Aloha Beach Services, and Aqualani.

The cease-and-desist letters were delivered in person, and while it may seem contentious, no penalties or fines have been issued to any businesses. If DOBOR did decide to penalize businesses, fines range from $5,000 for the first offense to $15,000 for three or more offenses, plus the potential to rescind the properties’ beach or event permits.