Law allows street closures that benefit businesses

QUESTION: On Friday evening, Sept. 2, Nuuanu Avenue was closed for a block party. The city listed the event as sponsored by Indigo Restaurant and the Chinatown Business & Community Association. City ordinances prevent street closures for the benefit of a business establishment. The CBCA is not listed as a 501C(3) nonprofit. People collecting money for wristbands at the event could not tell us where all this money was going. Why would the city violate its own ordinance by approving such a street closure?

ANSWER: Your interpretation of the law is not correct, according to the Department of Transportation Services, which issued the street usage permit.

The question of nonconstruction street closures in Chinatown, particularly the frequent closure of Nuuanu Avenue, is a concern within the community, spurring an informal meeting Aug. 29 at the Hawaii Theatre.

Discussions are continuing, with a move to form some kind of neutral review committee to come up with a “collegiate” agreement among all those concerned, said Burton White, vice chairman of the Downtown Neighborhood Board, general manager of the Hawaii Theatre and a member of the Arts District Merchants Association.

Regarding the Sept. 2 event, the permittee, Kapua Productions/Indigo, met all requirements to close Nuuanu Avenue for a “culturally themed event,” said Wayne Yoshioka, director of transportation services.

His understanding is that CBCA had no direct connection to the event. It did write a letter in support of it, “which is not unusual for CBCA to do for events they believe benefit the Chinatown community,” he said.

Yoshioka also explained that street usage permits are granted only if an event serves a “public purpose,” adding, “There is no resriction on issuing the permit to a business.” There is also no requirement that a nonprofit be involved.

(White pointed out that ADMA and CBCA are 501(C)(4) nonprofits, which can engage in unlimited lobbying, as well as political campaigning.)

TOO MANY SHUTDOWNS?

In recent years, there has been an increase in the number of events in the downtown/Chinatown area requesting full or partial closure of streets, Yoshioka said.

For 2011, that number is 37, White said, although Yoshioka said 25 permits have been issued so far, with seven requests still going through the permit process.

The Aug. 29 meeting was attended by more than 60 people, including neighborhood residents, merchants, interested groups and city representatives.

“We did all agree that the reason we’re having this speed bump is because our neighborhood is becoming more vibrant and we wouldn’t have had this meeting 15 years ago because nobody wanted to come down here,” White said.

That said, concerns were expressed about the number of street closures; attendant noise, trash, safety and disorderly conduct problems; and, White said, the “three big” issues: the lack of sufficient advance notice to adjacent merchants and landowners before permits are issued; what the city’s policies, guidelines and procedures are in issuing permits; and what exactly is meant by “public purpose beneficiaries.”

For now, “we’re still in the discussion stage,” White said. The subject will be on the Downtown Neighborhood Board’s October agenda and everyone concerned has “ample time to weigh in,” either by attending meetings or contacting elected officials.

Meanwhile, Yoshioka said his department “will work to facilitate the consensus we hope will emerge” from the discussions regarding the frequency and configuration of street closures.

“We’re just thinking that the goal should be thoughtful and inclusive activities and that communication, collaboration and balance are three key factors,” White said.