Council OKs getting tents off sidewalks

A proposal to ban the practice of storing personal items, including furniture and clothing, in public areas such as sidewalks and parks now goes to Mayor Peter Carlisle, who is expected to sign the bill into law.

City Council members approved Bill 54 at their Wednesday meeting, which attracted a sizable crowd of advocates for the homeless and supporters of the Occupy Honolulu movement, who say the legislation could be used to remove the group’s encampment at Thomas Square.

The Carlisle administration has consistently supported Bill 54 as a means to make public spaces accessible to all users and establish a process for dealing with property that is stored in public space.

The measure would not apply to groups that obtain camping permits at city parks.

Lori Nishimura, executive assistant to the mayor, said the bill would apply to anyone who is noncompliant, but added that enforcement would largely be complaint-driven. She repeated that the measure does not target homeless people.

"If there’s no complaint about public health and safety, it’s not our intent to do anything other than apply it evenly," Nishimura said.

The Council vote was 8-1, with only Councilman Romy Cachola voting in opposition.

Cachola unsuccessfully tried to amend the bill to have it expire after one year, giving the Council the opportunity to review it and determine its effectiveness.

His concerns focused on what he said was the bill’s likelihood of targeting the homeless and on the costs of implementing the bill. The city has said it would work within its existing budget, but Cachola scolded the administration for not providing specific numbers in writing to the Council.

"We should at least look at better ways to do things," he said. "We’re just spending money like crazy. We’re just driving the homeless all over the place."

Councilman Nestor Garcia voted in support, changing his stance from previous votes, saying he wanted to see the measure pass to give the city and state a tool to expand outreach to the homeless and help get people off the streets.

He said he changed his mind after having a conversation this week with Marc Alexander, the state coordinator on homeless efforts.

"It looks like the city and the state are finally working together to deal with the homeless," Garcia said.

Alexander said that while the bill does not specifically refer to homelessness, it would give outreach workers a chance to affect more homeless people.

"What we want to do is encourage people to see that a sidewalk is not an appropriate habitation for a human being and we want to give people a better option, working with them," he said.

Under Bill 54, people found in violation would be given a written notice and 24 hours to remove their property. After that, the property would be impounded and stored by the city. Owners would be given at least 30 days’ notice to recover it before it would be discarded or sold at auction.

Advocates for the homeless and Occupy movement backers showed their support throughout the meeting with impassioned speeches and enthusiastic applause, but were not disruptive.

David Cannell, who said he has been homeless and now is staying at a shelter, opposed the bill, saying the seizure of personal property amounted to "thievery from the poorest of the poor."

Carlisle has 10 working days from the time the bill reaches his desk to sign Bill 54, veto it, or let it become law without his signature.