Thank you rightguard for taking the time to try to answer my questions.rightguard wrote:Richard I can't tell you why it's such a big deal to kiters or swimmers but I might be able to help a little.
The west side of Ka'a point is known as the Pro Pool and the only flat water spot on the whole island. Let me repeat that... The only flat water spot on the island. There are tons of great places to kite on Maui but this one is special.
Now of corse there are tons of different ways to kite around the swim pond other places to go, or to just swim but that is not the point.
For years kiters have been using this spot and for convenience kited threw the swim area. Depending on the wind derection it can be required, but most of the time its just easier. Of course you could always just land a mile down the beach and just walk back. Would you walk a mile back when you could just kite threw the pond where everyone else goes. There are two other swim areas close by and they are roped off. For some reason this one has never been roped off. I would guess that is because no one cared if the kiters where there. Kiters and families have been getting along forever.
People love to join a fight and are now taking sides. There are more people on the beach now then ever. Everyone wants to be a part of it and often just get in the way to prove a point. What is the solution, I don't know, but I hope both sides get something they want.
Hope that answers some of your questions without taking sides.
I have no intention of kiting there and the situation does not affect my travel plans etc.
My only concerns are:
A. How the situation might negatively affect access in general.
B. How the situation may relate to inappropriate kiter attitudes and conduct.
C. How the situation relates to deficient beach use management.
D. Attacks upon people who go through the effort to stand up for their rights – probably by people who are too lazy and/or afraid to ever stand up for their own rights.
So far EVERY bit of evidence so far divulged about the situation indicates the following:
1. Legally, non-kiters have exclusive use of the pond and kiters are prohibited.
2. Kiters have been violating this prohibition for a long time.
3. It has apparently only recently become a problem FOR KITERS because some non-kiters have been insisting that that the prohibition be enforced.
4. Assuming that it is true that there have not been previous serious objections to kiters violations (I personally think this is unlikely), this in NO WAY indicates that previous violations did not interfere with the non-kiters’ enjoyment. It is possible (likely) that annoyed non-kiters simply let their rights be infringed rather than deal with conflict resulting from complaining.
5. These currently complaining non-kiters have a PERFECT RIGHT to insist on enforcement. This is the PURPOSE of legislation that creates prohibitions. People that are afraid to enforce their rights DON”T HAVE ANY.
6. There is NO NECESSITY for kiters to use the pond. They do so ONLY because it allows them to enjoy their sport more conveniently. And apparently this convenience is magnified with offshore winds.
7. Rather than change or attempt to change the prohibition such that kiters are not prohibited, some kiters simply keep violating the non-kiters’ right to a kiterless pond, creating wrongful conflict which BESIDES violating the non-kiters’ rights to the pond ADDITIONALLY destroys much of the general pleasure associated with peaceable beach use. Furthermore, it is a likely inference that a significant portion of some kiters’ motivation for continued violations is SPECIFICALLY to create enough unpleasantness for the non-kiters such that they are ILLEGALLY driven from their entitled area.
8. There are a relatively small number of violators, but for reasonable and justified reasons, the non-kiters don’t want ANY.
9. So far, the authority charged with proper beach management has abdicated its responsibility to enforce the prohibition such that NO ACTUAL ENFORCEMENT has EVER occurred.
10. Because of the high visibility of the location as the premier kiting spot in the WORLD, its kiting problems can be expected to attract the MAXIMUM amount of attention.
11. If it appears that kiters arrogantly FORCE non-kiters to concede their rights regarding beach use, especially for NO other reason than CONVENIENCE (not wanting to get WET ?), this is extraordinarily BAD public relations material which can be used by anti-kiters for YEARS to come, WORLDWIDE.
12. So far, the situation appears to be the result of the 100% unjustified conduct of a few selfish kiters who, because of no enforcement, feel that they are somehow entitled to ILLEGALLY FORCE the non-kiters to concede their legal rights.
Malibu Kitesurfing - since 2002
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