PAHOA, HAWAII 鈥 Dozens of Hawaii National Guard members in combat gear arrived in Pahoa Thursday to help local officials man checkpoints and patrol the area.

But the effort to restrict access to this small town 20 miles southwest of Hilo is causing friction between the civil authorities and journalists here to cover the disaster. At issue is a new law that gives local authorities sweeping powers in times of natural disasters.

The current eruption began in June, 13 miles upslope at the Pu鈥檜 O鈥檕 vent of Kilauea volcano. Over the weekend the slow-moving flow crossed Apa鈥檃 Road on the outskirts of Pahoa and crossed onto private property.

At that point Hawaii County police blocked access to the street, restricting entry only to property owners, family members and those helping them move their possessions out of their seemingly doomed residences.

鈥淥ur primary concern is the safety of everyone and the privacy of those potentially losing their homes,鈥 said Darryl Oliveira, Hawaii County Civil Defense director.

National Guard members stand at a road block at Pahoa Village Road and Post Office Road. No media are allowed past the road-blocked areas.

Cory Lum/Civil Beat

As far as visual reporting of this story, the FAA is allowing low-altitude helicopter flyovers of the active flow, and the County of Hawaii is posting short video clips to a public website on a daily basis.

However, Oliveira has instituted a complete ban on any news media getting anywhere near the active flow, or even coming as invited guests to the homes of the 鈥渓ava evacuees.鈥 He cites the need for safety and security of residents on the flow front, as well as their need for unimpeded egress on the narrow road as they move away from their homes forever.

Both local and national news outlet are bristling at what they see as unnecessary impediments to them being able to do their jobs.

鈥淚t was nothing like this during Kalapana,鈥 said Hawaii-based news videographer Mick Kalber, referring to the lava flow that destroyed the town in 1990. 鈥淏ack then we could walk right up to the flow and talk to anyone we wanted.鈥

But that was before Act 111 became law. The by Gov. Neil Abercrombie. It gives local authorities sweeping powers in times of natural disasters 鈥 including exemptions from usual environmental and historical preservation regulations, as well as expanded rights of eminent domain.

Hawaii County officials say this law gives them the power to completely restrict all access to the lava flow. In contrast, reporters say they are being prevented from legitimate newsgathering that is allowed elsewhere.

Hawaii County Police Officer Dwight Walker stands at a road block.

Cory Lum/Civil Beat

One example is the California law that restricts public access to any site of any 鈥渃alamity including a flood, storm, fire, earthquake, explosion, accident, or other disaster.鈥

The law further says authorities 鈥渕ay close the area where the menace exists for the duration thereof by means of ropes, markers, or guards to any and all persons not authorized by the lifeguard or officer to enter or remain within the enclosed area.鈥

Yet the law carves out a special exemption for reporters. 鈥淣othing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section,鈥 says the California law.

Journalists are not afforded such protections in Hawaii.

鈥淎ct 111 was passed with the best of intentions. There is no legislative testimony that shows anyone even thought of the ramifications of this broadly written law,鈥 Brian Black, executive director of the Civil Beat Law Center for the Public Interest, said Thursday.

Meanwhile, 83 soldiers and airmen with the Hawaii National Guard arrived in Pahoa Thursday to assist local police with manning checkpoints, patrolling lower Puna and providing engineering assistance. Guardsmen provided similar aid after Hurricane Iselle struck the same area in August.

Although they are not armed, these military troops arrived on the streets of Pahoa wearing combat helmets and body armor.

鈥淭hose are our orders; it鈥檚 our uniform of the day,鈥 said one soldier manning the checkpoint at Pahoa Village Road and Apa鈥檃 Street.

According to Maj. Jeff Hickman, the normal uniform for such duty is hats and jackets, not helmets and flak jackets, but he wasn鈥檛 sure about the reason for the change here.

The National Guard rolls into a staging area located near Puna Geothermal Venture.

Cory Lum/Civil Beat

After a quick phone call to his superior, he said that the battle gear was requested by Hawaii County Police Department 鈥渇or the protection of the soldiers.”

鈥淭he soldiers will be the eyes and ears of the police,鈥 said Hawaii County Deputy Police Chief Paul Ferreira, 鈥渂ut we did not ask for them to be in full gear 鈥 only to have it available should it become necessary.鈥

But as of dinnertime on Thursday, the soldiers manning the checkpoints were still sweating in their heavy gear.

The ongoing Puna lava flow has yet to destroy any homes, nor has it crossed Pahoa Village Road.

Natalia Chambers packs her truck up on Thursday as lava advances.

Cory Lum/Civil Beat

Support Independent, Unbiased News

Civil Beat is a nonprofit, reader-supported newsroom based in 贬补飞补颈驶颈. When you give, your donation is combined with gifts from thousands of your fellow readers, and together you help power the strongest team of investigative journalists in the state.

 

About the Author