10/12/21-KAUA‘I WEDDING PHOTOGRAPHERS COMPLY WITH CEASE-AND-DESIST ORDERSPosted on Oct 12, 2021 in Main, Media, News Releases, slider, slider, State Parks
|DAVID Y. IGE
SUZANNE D. CASE
For Immediate News Release: October 12, 2021
KAUA‘I WEDDING PHOTOGRAPHERS COMPLY WITH CEASE-AND-DESIST ORDERS
(HONOLULU) – One of two commercial wedding photography companies, operating on Kaua‘i, has deleted promotional photos on its website at the direction of the DLNR Division of State Parks (DSP).
Last Thursday, Bradyhouse Photographers and The Foxes Photography received cease-and-desist-orders from DSP, after multiple complaints from other photography companies and the Kaua‘i Visitors Bureau. The complaints revolve around wedding photography happening without permits and/or in closed areas where commercial activity is banned.
Meg Bradyhouse, the principal for her company, immediately contacted DSP after receiving the order and yesterday reviewed her website with DSP Assistant Administrator Alan Carpenter.
Carpenter told Bradyhouse, “I cannot legally compel you to take certain photos down. However, if you don’t take promotional photos down that were likely taken in closed areas, it will make it difficult to consider issuing your company permits for future work on lands under DSP jurisdiction.”
Bradyhouse explained that some of the photos have been featured on the company website for several years. She also acknowledged that an officer from the DLNR Division of Conservation and Resources Enforcement (DOCARE) warned the company in January to refrain from further unpermitted commercial activity. At that time, Bradyhouse was advised that certain areas in State Parks and State Forest Reserves are closed, and say they’ve been in compliance since.
Carpenter agreed that state and county rules governing not only photography, but many other commercial activities under the jurisdiction of DLNR divisions can be confusing and unclear.
“We’re the least-staffed state park system in the nation, though we are #20 in terms of visitation and this has impacts on our ability to enforce our rules, protect natural and cultural sites, and to protect park visitors. With the return of visitors and new fee structures in place, in the coming year’s DSP hopes to dedicate more staff resources to addressing unpermitted commercial activities.”
Bradyhouse told Carpenter during a virtual “scrubbing” of her company’s website, “We never had any intention of not cooperating with you. Our standing with you is how we feed our family. We want to make sure that we are on the same page.”
DSP did not receive a response from The Foxes Photography, a Washington-based company, which advertises “elopement adventure photography” in several western states. However, the company’s hyperlink to its Kaua‘i adventures has been disabled.
Carpenter added, “Our intent is not to shut down any commercial venture, but to make sure the playing field is level. Many commercial photographers on Kaua‘i and around the state get required permits and follow the rules. It’s not fair to them, fair to couples searching for wedding photographers, or fair to people visiting our State Parks to have a double-standard.”
Additional photographers, who it’s believed, have shot in closed areas or without permits will be receiving cease-and-desist orders and it’s hoped they will voluntarily comply by ceasing their activities and by deleting promotional or advertising photos that were taken illegally.
DSP is also working with the Kaua‘i Visitors Bureau, other DLNR divisions, and the State Film Office to review and clarify film permitting rules and to stage a virtual seminar for photographers on what’s allowed, what’s not, and how to apply for county and state commercial photography permits.
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Senior Communications Manager