Occupy protesters seek dismissal of city charges

Six members of the Occupy Honolulu movement pleaded not guilty Wednesday to charges that they stayed at Thomas Square beyond posted park hours in November.

The two women and four men were arrested Nov. 5 by Honolulu police because they were within park boundaries after the 10 p.m. closure time. The offense is a petty misdemeanor punishable by up to 30 days in jail or a $500 fine.

A motion made by defense attorney Eric Kvam to have the case dismissed was continued until March 7. If the motion is denied, trial should begin shortly thereafter before District Judge Linda K.C. Luke.

The six who were arrested are Jamie Baldwin, 23; Megan Brooker, 26; Lucas Miller, 29; Randal Perez, 28; Luke Satsuma, 19; and Nickolas Wooden, 23. Wooden lives in Kapahulu; the other five said they live in Makiki.

Kvam argued that the defendants should not be punished for exercising their constitutional right to free speech. As with other local actions across the world inspired by the Occupy Wall Street movement that began last fall, Occupy Honolulu claims government and corporate interests have conspired to shape a world economy that benefits the richest and most powerful "1 percent" in the country to the detriment of the remaining 99 percent, the environment and future generations.

Deputy Prosecutor Cathy Lowenberg argued that the city is allowed to place reasonable restraints on the time, place and manner of free speech, and she presented a list of 16 other city-operated parks in urban Honolulu that are open 24 hours and available to Occupy Honolulu supporters. 

After the Nov. 5 arrests, Occupy Honolulu members began camping on the sidewalk fronting South Beretania Street and Ward Avenue, just outside of park boundaries, after park hours.

But last week, under a new city law, city park workers began tagging and removing tents and other personal property belonging to Occupy Honolulu members. The law allows the city to remove personal property left on city property that has been identified, tagged and left in place for 24 hours.

Eight people originally were arrested for violating park rules. Occupy Honolulu supporters said one man and one woman pleaded no contest to a lesser offense of trespassing because they had to leave the island before Wednesday’s hearing.