Updated on the Wedding Permits!
Nuff said
AN UPDATE ON THE WEDDING PERMIT LAW
The first amendment of the United States of the constitution clearly states that, and I quote:
Many wedding companies, including myself, banded together to repeal the beach permit by hiring a constitutional lawyer early last year. A ruling was recently handed down to us that gave the wedding industry both a win and a loss. Unfortunately, the State of Hawaii was found not-guilty of violating 1st amendment rights, therefore the beach permit law stayed intact....but wait, there's more. On the upside, the judge did rule that if the State of Hawaii were to enforce their permit law, and to stop a wedding, they would then be 100% guilty of violating your 1st amendment rights. In summary, the judge ruled that the State of Hawaii cannot be found at the time, guilty of committing a crime because they had yet to stop a wedding. This is not what the State of Hawaii wanted to hear. See...good news, bad news for us.
So what now? Well, our case has been bumped up to the federal appeals court. In the meantime, the State of Hawaii continues to collect beach permit fees for a law which they cannot enforce. If any wedding is stopped in Hawaii, they would then be guilty of violating your 1st amendment rights, then we would get our day in court and this beach permit law would go away quickly. But, of course, the State of Hawaii is not enforcing it, just collecting money, and following this path....for obvious reasons.
Am I getting a permit for my weddings? The answer is no. And many other companies are doing the same. Plus, I did some research into it and found that it is almost impossible to get an insurance company to cover what I do, wedding planning. The State of Hawaii wants companies to attain umbrella insurance coverage over the beach and State of Hawaii in order to become eligible to apply for a beach permit. Not one reputable insurance company would cover me. A lot of online sketchy ones would...but not anyone reputable like State Farm.
What happens if the DLNR stops one of my weddings? Well, my couple would probably end up about $20,000 richer. That's what the 2001 settlement called for when a wedding in Maui was stopped by the DLNR. Shortly after, the beach permit law was then quickly repealed. It resurfaced this past year as a "Right of Entry Permit." Same thing, different name. Chances of the DLNR stopping one of my weddings? Zero percent. Since I do all of my weddings at secluded beaches, the DLNR, who is underfunded and short staffed, couldn't find me if they wanted too. So unfortunately, no hitting the 20K lotto on your wedding day if you book with me. In town, at Waialae Beach Park, where 10 weddings happen per day, the DLNR has not showed up once to check for permits, according to a friend of mine who does all of his weddings there.
By the way, most wedding companies who charge you for permits, are not getting permits either. They charge you for it, then don't follow through with it. In a way, this permit law has given birth to more corruption in the wedding industry if you ask me.
Anyway...that's the wedding permit update :) It's kinda good, kinda bad. But hey...this is me, shooting to you straight from the hip. I tell you the way it is.
Steve
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."When getting married in Hawaii on a public beach, you are practicing your freedom of speech and right to peacefully assemble. In many cases, if your wedding is a religious one, then you are practicing your freedom of religion. The State of Hawaii, by enacting a beach wedding permit law, is therefore selling you back your 1st amendment rights for $30.00. This of course, is unconstitutional on many levels. You are guaranteed these rights as an American, and those rights are not for sale.
Many wedding companies, including myself, banded together to repeal the beach permit by hiring a constitutional lawyer early last year. A ruling was recently handed down to us that gave the wedding industry both a win and a loss. Unfortunately, the State of Hawaii was found not-guilty of violating 1st amendment rights, therefore the beach permit law stayed intact....but wait, there's more. On the upside, the judge did rule that if the State of Hawaii were to enforce their permit law, and to stop a wedding, they would then be 100% guilty of violating your 1st amendment rights. In summary, the judge ruled that the State of Hawaii cannot be found at the time, guilty of committing a crime because they had yet to stop a wedding. This is not what the State of Hawaii wanted to hear. See...good news, bad news for us.
So what now? Well, our case has been bumped up to the federal appeals court. In the meantime, the State of Hawaii continues to collect beach permit fees for a law which they cannot enforce. If any wedding is stopped in Hawaii, they would then be guilty of violating your 1st amendment rights, then we would get our day in court and this beach permit law would go away quickly. But, of course, the State of Hawaii is not enforcing it, just collecting money, and following this path....for obvious reasons.
Am I getting a permit for my weddings? The answer is no. And many other companies are doing the same. Plus, I did some research into it and found that it is almost impossible to get an insurance company to cover what I do, wedding planning. The State of Hawaii wants companies to attain umbrella insurance coverage over the beach and State of Hawaii in order to become eligible to apply for a beach permit. Not one reputable insurance company would cover me. A lot of online sketchy ones would...but not anyone reputable like State Farm.
What happens if the DLNR stops one of my weddings? Well, my couple would probably end up about $20,000 richer. That's what the 2001 settlement called for when a wedding in Maui was stopped by the DLNR. Shortly after, the beach permit law was then quickly repealed. It resurfaced this past year as a "Right of Entry Permit." Same thing, different name. Chances of the DLNR stopping one of my weddings? Zero percent. Since I do all of my weddings at secluded beaches, the DLNR, who is underfunded and short staffed, couldn't find me if they wanted too. So unfortunately, no hitting the 20K lotto on your wedding day if you book with me. In town, at Waialae Beach Park, where 10 weddings happen per day, the DLNR has not showed up once to check for permits, according to a friend of mine who does all of his weddings there.
By the way, most wedding companies who charge you for permits, are not getting permits either. They charge you for it, then don't follow through with it. In a way, this permit law has given birth to more corruption in the wedding industry if you ask me.
Anyway...that's the wedding permit update :) It's kinda good, kinda bad. But hey...this is me, shooting to you straight from the hip. I tell you the way it is.
Steve
Labels: Hawaii Wedding Permit
posted by Dream Weddings Hawaii @ 9:23 PM
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