On Feb. 25, Mayor Mitch Roth closed the Waipi‘o Valley Road to the general public. The decision came with no prior public notice or input. Mayor Roth claimed emergency powers, but no recent or imminent storm, earthquake, landslide, change in the condition of the road, or other event had created an emergency. The road closure took many in our community by surprise and has provoked emotional divisions among groups of people who regularly come to the valley, including Hawaiian cultural practitioners, surfers, and fishermen.

A small group of us came together to talk story, and Mālama i ke kai ‘o Waipi‘o (MaKa) was formed. We share a lifelong personal history and aloha for Waipiʻo and we each felt deeply impacted by the closure. MaKa began listening to our ocean community, sharing the dramatic impacts people are experiencing due to the closure, reaching out broadly to stakeholders including Kalo farmers, and trying to bring the County to the table to find an acceptable short- and long-term solution.

After many failed attempts to meet with the Mayor and meetings with county officials from the closure on Feb. 25 to late April, MaKa decided to join the lawsuit against Mayor Roth, to represent a large portion of our community that is being negatively affected by the closure. This lawsuit contends that poor science was used to create an "emergency." And that reasonable accommodations should be provided for ocean access during the closure.

Ocean access is extremely important for the perpetuation of cultural practices and the overall health and well-being of our community, and that reasonable accommodation for access should be made during this closure and future road repair. 3 or more years without ocean access in Waipio will be detrimental to the health and wellbeing of our local community.

While we never wished for this to be decided in the courts, the County made it clear this was the only way for our voices to be heard and taken seriously.

We agree that the increased levels of visitors, both tourists, and locals, accessing Waipiʻo needs to be addressed and a collaborative management plan put into place. This Emergency Proclamation provides no long-term management solution.

Waipio is the latest of multiple closures to ocean access in east Hawaii during the last several years, which cumulatively are causing a detrimental impact on the health and wellbeing of our residents. The use of Mayoral powers to close public access to the ocean is a dangerous precedent to set and one we are hopeful our lawsuit prevents.

On April 22, 2022, a lawsuit was filed against the county, Mayor Mitch Roth, and Public Works Director Ikaika Rodenhurst. This suit was filed in response to an Emergency Proclamation issued by Mayor Mitch Roth, which effectively closed Waipi'o Valley Road to all but valley residents, landowners, and farmers in the valley, stating that "upon scientific information and expertise available, Waipi'o Valley Road is in imminent threat of slope and roadway failure threatening the health, safety, and welfare of the people." The basis of the lawsuit alleges that the closure of Waipi'o Valley Road to all but a handful of people is unlawful. The civil complaint was filed in Hilo Circuit Court by Hilo attorneys Steven Strauss and Christopher Bridges on behalf of Malama I Ke Kai' O Waipi'o, David Anderson, Sarah Anderson, Winter Anderson, Heather Nahaku Kalei, Ariel Tergeoglou, Dean Edwards, Sally Lundburg, Keith Tallett, Roland Shackelford, Jerry Bess, Joel Gollaher, Steven Roberson, and Steven Strauss. Several important witnesses voluntarily came forward, such as retired BLNR member, attorney and former Planning Director Chris Yuen, Mack Asato, former DPW road supervisor, and Ron Terry, Ph.D a retired UH professor of Geography and principal of Geometrician Associates. UH Manoa Professor Emeritus Panos Prevedouros agreed to serve as an expert engineer witness. Read the Hawaii Tribune-Herald article here…

On May 27, 2022, the County filed a Motion To Dismiss our lawsuit. Judge Kubota heard arguments regarding the Motion To Dismiss on June 14, 2022 and he rendered his decision against the Motion To Dismiss on June 21, 2022. At MaKaʻs request and Judge Kubotaʻs recommendation, both parties entered into mediation on August 15, 2022 and then again over a week later.

On August 26, 2022, a mediation agreement was reached to amend the Emergency Proclamation. Terms of the agreement include restored 4WD vehicular access to Hawaiʻi island residents and Native Hawaiians. The County also included the resumption of licensed and insured tour operations. Within six months, Director of Public Works Steve Pause will prioritize a traffic management study to address pedestrian access and road safety. Those wishing to access the valley on foot may apply to the County for an exemption.

“We are extremely happy with the County's willingness to mediate and take our community's input into consideration when utilizing its emergency powers.” says Roland Shackelford, President of MaKa. “We thank the County for it's commitment to the development of collaborative solutions, and MaKa looks forward to engaging our membership in support of this work to mālama ‘āina.”