A state Probate Court hearing on whether long-running art sales, craft fairs and other commercial activities should be allowed in Kapi'olani Park has been postponed until August so a court-appointed attorney can examine the issue.

Bruce Graham, of Ashford and Wriston, was appointed as a special master to the court. The new hearing has been set for Aug. 1.

Graham will produce a report on the "permissibility of the art fence and craft fairs at Kapi'olani Park," according to a court order. Graham will also recommend how the issue should be resolved.

The hearing, which was to be held Friday but was postponed, stems from a 2003 petition in which City Council members asked the court for guidance on whether a weekend art sale on the zoo fence and nearby craft fairs violate the Kapi'olani Park trust, which was designed to preserve the park as a public space.

The City Council filed the petition after pressure from the Kapi'olani Park Preservation Society, which calls itself a watchdog for the trust and wants an end to commercialism in the park.

After the filing, the society and state attorney general's office requested that a special master be appointed. The state attorney general's office, which serves as guardian of the trust, also weighed in on the debate in an April 2006 court filing. The document stopped short of saying the park's trust bans all commercial activities.

But it did say the city appears to be violating its own rules — irrespective of the trust — regarding private sales on public land.

It also said that by allowing the art on the zoo fence exhibit to operate year after year with a permit, the city is essential granting leases in the park, which is expressly prohibited in the trust.

The Honolulu Zoo fence art show started in 1953. Currently, 35 people exhibit at the fence regularly, and about six people show their work occasionally. Many say they could never afford to show their work in a gallery or other site.

"We're happy we have some more time," said Margaret Giles, treasurer for nonprofit Art at the Zoo Fence Inc., which handles dues and membership for the artists at the park spot. "We're going to continue doing what we've been doing for now."

But members of the Kapi'olani society say it's not about the show. "It's about commercialization of Kapi'olani Park," said Jack Gillmar, secretary of the society. "The issue is craft fairs galore ... the destruction of the grass around the bandstand. Basically, if you're going to restrict commercialization ... the artists have to go."

Reach Mary Vorsino at mvorsino@honoluluadvertiser.com.