Just before dawn Friday, more than 15 homeless individuals and couples slept on a sandy swath of Fort DeRussy Beach in Waikiki, oblivious to the sand sweepers cutting circles around them and the occasional early risers strolling past.
With the city’s proposed Sand Island homeless tent city months away and its new ban on sitting or lying on Waikiki sidewalks just beginning, some Waikiki homeless residents have moved to oceanfront accommodations in the heart of the tourism district.
Honolulu police routinely move homeless sleepers on city-managed Waikiki beaches after closing hours, but they don’t have the authority to move them from Fort DeRussy Beach, which is the stretch of sand that runs from the Hale Koa Hotel to the jetty by the Outrigger Reef on the Beach.
The state Department of Land and Natural Resources has authority over Fort DeRussy Beach and jurisdiction of all beaches up to the high-water mark except for Kuhio Beach, Ala Moana Beach Park and Kapiolani Park, which fall under the city, said Jesse Broder Van Dyke, spokesman for Mayor Kirk Caldwell.
As a result, police say, when it comes to Fort DeRussy Beach, they can’t execute the city’s so-called "compassionate disruption" sweeps, park closures or no-camping policies or the laws signed by Caldwell on Tuesday banning public urination and defecation as well as sitting or lying on sidewalks in Waikiki.
And worse, others say, since a jurisdictional loophole exists, the city’s coming enforcement of those new laws could drive more homeless to the beaches, particularly Fort DeRussy Beach.
"Now that the homeless won’t be permitted on Waikiki sidewalks, it’s no surprise that they’ll want to be on the beaches," said state Rep. Tom Brower (D, Ala Moana-Waikiki-Kakaako).
Honolulu Police Capt. Lisa Mann, acting commander in Waikiki, said complaints about homeless individuals at Fort DeRussy Beach are coming daily.
"It has recently been brought to our attention that the number of campers has grown," Mann said. "HPD has been advised recently that they can’t move them because the area is under state jurisdiction and the district attorneys won’t prosecute."
Mann said police could enforce rules prohibiting camping at Fort DeRussy, but proper signage would have to be posted first.
The Honolulu Star-Advertiser contacted DLNR about these concerns Thursday. On Friday, DLNR spokeswoman Deborah Ward said, "The department is currently reviewing jurisdiction issues and is not prepared to comment on these questions."
State Sen. Brickwood Galuteria (D, Kakaako-McCully-Waikiki) said he discussed the loopholes with DLNR last fall during a interagency meeting on homelessness.
"I’ve since called DLNR and told them that I want their answer, especially in regard to Fort DeRussy Beach, by this week," Galuteria said.
Waikiki Neighborhood Board member Jeff Merz said the beach debacle is a classic example of why fellow board member Jo-Ann Adams proposed a resolution to make Waikiki a special enforcement district free of multijurisdictional entanglements.
"The more that we push the homeless out of one area, the more loopholes that they find. First they took over our parks, then it was our sidewalks, now it’s our beaches. Fort DeRussy Beach could become the new tent city," Merz said. "We need a blanket organization to enforce our laws."
In the interim, Waikiki resident Steve Caplan said he and his neighbors are frustrated. Homeless beach camping has grown in the weeks since police stopped responding, he said.
"What has occurred in just the last few weeks is a massive influx of tents and individual sleepers from the 10 p.m.-to-6 a.m. range because they know they are in a safe zone exempt from HPD control," he said. "It’s Little Switzerland."
Caplan, who jogs past the encampment nightly, said homeless campers hurt Waikiki tourism. "In the morning they just get up, do whatever they do all day but leave their belongings on the beach to come back to at night," he said. "I’ve found used needles in the sand. There are fire pits, buckets of bodily waste dumped into the ocean."
Jasmin Iwasaki, a Waikiki resident who brought her husband, Wesley, along for security during a Friday-morning walk, agrees that officials must act promptly.
"There are always homeless people sleeping on this beach, but lately I’ve seen about 10 percent more," she said. "It really bothers me to see this in the tourist area. It is a concern for safety. There are quite a few addicts, and there’s crime. One time we saw a tourist set down their bag and shoes, and within five minutes someone scooped it up."
Caplan said stories like this led him to HPD, who told him that they have been working for several months to address similar complaints, mainly from the nearby Hilton Hawaiian Village Waikiki Beach Resort and the Hale Koa Hotel.
Caplan said he also contacted the military police who patrol the grounds of the Hale Koa Hotel, which is limited to guests who are military and Department of Defense employees.
"The military police have told me that their authority ends at the sidewalk," he said. "Everyone told me to contact DLNR, which I have. I want them to enforce the no-camping laws."
Barry Wallace, executive vice president of hospitality services for Outrigger Enterprises, said the city and state need to resolve Fort DeRussy Beach’s jurisdictional issues.
"The current level of homelessness is just awful. It’s very frightening to our guests and employees. It’s unsanitary, unattractive and totally not what people want to see when they come to Hawaii," Wallace said.
Wallace said it’s imperative that the city and state share resources to ensure that Waikiki’s no-camping, sit-lie and other laws are effective.
"We supported the sit-lie bill with the idea that it would give police a tool to move people off the streets and connect them with shelters and help. We’re even working with a nonprofit to provide more services," Wallace said. "I would hate to think that there was one area in Waikiki where the rules didn’t apply."
