Author of state homeless bill sees conflict with city laws

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DENNIS ODA / doda@staradvertiser.com

Louise Jane Brown, right, got emotional Tuesday talking about her troubles being homeless. "People walk by and look at us like we are disgusting when they don't know anything about us. We're not hurting anyone. We're just sitting here," she said. Her fellow homeless friends Jamie McClurken, Troy and an unidentified man sat around a tray on the sidewalk in Waikiki with a sign saying "Please Help."

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State Rep. John Mizuno has introduced a bill to create a "Homeless Person’s Bill of Rights."

"I knew going in this would be a little controversial," said Mizuno (D, Kamehameha Heights-Kalihi Valley). "With that said, though, I think it’s a worthy endeavor. It’s something we have to address."

Mizuno’s bill would establish the rights of homeless individuals to move freely in public places without being harassed or intimidated by law enforcement officials; to have equal opportunities for employment; to receive emergency medical care; and to vote, among other rights dealing with privacy and equal treatment.

Homelessness "doesn’t preclude (a person’s) right to emergency medical service, nor (his or her) right to vote," he said, "but I think on a measure of this magnitude, dealing with a population that sometimes falls off our radar in the political arena, I think it’s a symbolic statement."

The bill is likely to stir up controversy because parts of it would directly conflict with various city laws aimed at dealing with sidewalk nuisances, homeless encampments and other homeless-related issues, Mizuno said.

"With complete respect to the county of Honolulu, I think its important that we respect humanity," he said. "In doing so we need to find a balance between a homeless person’s rights and good regulation for public safety and sanitation."

Mayor Kirk Caldwell’s office said the city has no official comment regarding the proposed measure. Caldwell has said in the past that he supports the city’s laws aimed at removing stored property or "nuisance" items from city sidewalks because he says no one person has the right to occupy the sidewalk.

Mizuno said he agreed to introduce House Bill 1889 at the request of a number of advocates because he felt it has merit.

Although the measure brings to light many gray areas regarding how to address homelessness, he said it ultimately could spark a conversation about how to humanely deal with homeless people.

"There are no throwaway people in our society," Mizuno said. "So I’m hoping we can get a hearing and work with the city on measures to help the plight of our homeless."