Caldwell opposed to altering sidewalk bills

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BRUCE ASATO / BASATO@STARADVERTISER.COM

Mayor Kirk Caldwell held a news event on two Oahu sidewalk bills at Aala Park Monday with Ross Sasamura, left, director and chief engineer of the Department of Facility Maintenance; Pam Witty-Oakland, director of community services; and Marc Alexander, executive director, Mayor’s Office of Housing.

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Mayor Kirk Caldwell wants Honolulu City Council members to pass his bills banning “obstructing” and “lodging” on Oahu sidewalks without language they’ve added that would delay their implementation.

Both bills, which have drawn opposition from homeless advocates, are up for final votes Wednesday .

Bill 51 bars anyone from obstructing a sidewalk between 6 a.m. and 10 p.m. daily.

Bill 52 makes it illegal to lodge, or “to occupy a place temporarily; to sleep; to come to rest and refuse to vacate” sidewalks or other public places.

On Monday, Caldwell held a press conference at Aala Park, where between 40 and 50 homeless people have set up tents on the sidewalks along both Beretania and King streets.

The two Caldwell bills were amended by the Public Works, Infrastructure and Sustainability Committee to include language requiring the Council to approve a comprehensive homeless study for each of the nine Council districts before the city can begin enforcement.

The language, proposed by Public Works Chairwoman Carol Fukunaga, requires the Council to accept the studies via resolution, which would require at least two votes “meaning at least another month or two of delay,” he said.

Community Services Director Pam Witty-Oakland said the administration is already mandated by Resolution 18-158 to submit a report updating the Council on the city’s overall initiatives to help the homeless in the coming weeks.

Council Chairman Ernie Martin said new language would help prevent the city from being exposed to legal risk for violating people’s rights.

Councilman Trevor Ozawa said he’s open to discussing removing the language from the two bills “so long as he promises to give us that report on Oct. 15. I want to see him keep a promise.”

Fukunaga could not be reached for comment.

The ACLU of Hawaii has opposed the bills on the grounds that they criminalize being homeless and has questioned the constitutionality of the bills.

ACLU of Hawaii legal director Mateo Cabellero said he supports adding the reporting requirements language to the bills.