Council passes bill governing protests

People holding a protest or other "expressive activity" in a city park would be required to obtain a permit, under a bill approved Wednesday by the City Council.

Bill 38 allows groups of fewer than 75 people to convene at parks without permits. Gatherings of up to 150 people would be allowed without permits at Ala Moana Beach Park and Kapiolani Park because those venues are larger.

The bill, supported by the American Civil Liberties Union Hawaii chapter, was prompted by a court order.

The ACLU had sued the city over its lack of rules on expressive activity, brought to light during the Asian Development Bank gathering in 2001, when groups seeking to demonstrate tried to obtain permits.

While the city worked with groups to find areas where they could protest and hold marches, the courts told the city it needed to establish rules for the long term.

Expressive activity is defined as speech or conduct used to express, disseminate or communicate "political, religious, philosophical or ideological opinions, views or ideas" by verbal, visual, literary or auditory means, provided no fee is charged.

Sports events, fundraisers, beauty contests, commercial events, cultural celebrations or other entertainment-focused gatherings are not considered expressive activity under the bill, nor are art fairs or open markets.

City officials said the bill does not conflict with the so-called "stored personal property" law, which allows the city to seize property left in city parks, or laws governing park hours, because restrictions on time, place and manner of public speech are allowed by the courts.

Councilman Ikaika Anderson, who cast the sole "no" vote Wednesday, said he is worried about the possibility that city officials could use the law to disband groups if their numbers are larger than organizers had anticipated.