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Legal Analysis: Problems With Steven Tyler Act

civilbeat:

That comes from a Justia.com Verdict column byJulie Hilden. Excerpts:

The Hawaii law is called the Steven Tyler Act (“the Act”), after the well-known musician and former “American Idol” judge, who has a home on Maui. With the Hawaii legislation, too, as with the California legislation, some First Amendment issues arise, as I’ll explain. …

Will the Act truly serve its stated purpose of bringing more celebrities to Hawaii? Unfortunately, it’s quite possible that it won’t, based on a longstanding principle of Hawaiian law that holds that all Hawaii’s beaches are public and open to all. As a result of that principle, no celebrity can buy a slice of private beach in Hawaii, as he or she might be able to do elsewhere in the world. And in Hawaii, if a celebrity’s house and/or grounds can be seen from a nearby beach, there is nothing the celebrity can do except sacrifice his or her own beach view by installing a high fence or the like.

In short, despite the Act, there are some good reasons why celebrities may still want their vacation homes to be located not in Hawaii, but elsewhere in the world. …

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Photo courtesy Carlos Varela.

—Chad Blair

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