A judge yesterday found that former women’s world-title surfing champion Margo Oberg shouldn’t be held accountable for a glitch in the state’s surf-school permitting process. District Court Judge Walton Hong said Oberg doesn’t need a commercial permit in order to
A judge yesterday found that former women’s world-title surfing champion Margo Oberg shouldn’t be held accountable for a glitch in the state’s surf-school permitting process.
District Court Judge Walton Hong said Oberg doesn’t need a commercial permit in order to operate her Po‘ipu surfing school, despite charges from the Department of Land and Natural Resources that she is required to do so.
The reason? The permits don’t exist.
“It’s like saying you have to get a driver’s license and when you get to the DMV, they don’t know how to make them,” Hong said.
Oberg had been charged with operating a commercial establishment without a DLNR permit and failing to register her equipment.
Hong threw out the first of the two charges. The second wasn’t on the table for dismissal.
Though the DLNR Division of Boating and Ocean Recreation has cited several Kaua‘i residents in recent years for failing to have such a permit, when those ticketed have shown up to remedy the situation, they’ve been told to put their names on a waitlist until a permit process is created.
Until that day comes, business owners such as Oberg and surf school mogul Titus Kinimaka have been told to pay a $15 fine and to re-register next year in the hopes that permits at that time will be available.
Oberg said she has signed up to be on the list each year for several years, but got cited anyway.
Attorney Dan Hempey, one of Kinimaka’s attorneys, along with attorney Greg Meyers, said his client also has had to maintain his spot on the waiting list for several years.
Meyers recently had another, similar DLNR permit case dismissed.
Though yesterday’s hearing resulted in the dismissal of one of the charges against Oberg, Oberg will still have to interpret the law regarding the requirements for registering surfboards.
Though a trial date to determine facts of the case is set for March, defense attorney June Ikemoto said she anticipates filing motions in advance of that date.
• Amanda C. Gregg, assistant editor/staff writer, can be reached at 245-3681 (ext. 252) or agregg@kauaipubco.com.
