Council bill bans lying down on public sidewalks

Lying down on Oahu’s public sidewalks would be banned except in certain circumstances under a bill introduced by a Hono­lulu City Council member last week.

Bill 59, introduced by Councilman Stanley Chang, will get its first airing before the Council at its meeting Wednesday.

Chang said that someone lying down on a public sidewalk creates a safety concern by impeding pedestrians’ movements.

The bill does provide for significant exceptions, however. Someone with a medical condition or in an emergency would be allowed to lie on the sidewalk. Lying on the sidewalk while engaged in an "expressive activity" such as a protest or a street performance would also be OK under the bill.

Also allowed would be those who can show proof to an officer making a citation or arrest that he or she attempted to obtain — but couldn’t get — overnight accommodations from a homeless shelter on the same day, according to the bill.

The bill is not targeted at the homeless, Chang told the Star-Advertiser on Friday, pointed out the exemption for those turned away from the shelter.

"Our aim with this measure is to ensure that our public sidewalks are kept free and clear for all members of the public to pass," he said.

The measure is being introduced in response to complaints from residents across Oahu who are frustrated their walking paths are being obstructed, he said.

"We’re certainly not trying to target any individual group of people," Chang said. "There may be some homeless people who are obstructing sidewalks. There may be not-homeless people who are obstructing sidewalks. The main aim of this measure is to ensure the safety of the sidewalks for public transportation."

Far from punishing the homeless, Chang said, the Council recently approved the use of $10 million in federal dollars to provide hygiene and service centers for the homeless and also gave the green light to Mayor Kirk Caldwell’s Housing First pilot proj­ect.

That project will take $3 million to $4.5 million in additional federal housing money to provide housing for up to 100 chronically homeless by the end of 2015.

"I think it’s fair to say that in this year the Council has done more to provide compassionate services to the homeless than in any other time in recent memory," Chang said.

Violations would carry a fine of up to $50, although the language in the bill states that a person would be cited only if "the person knowingly or recklessly continues to engage in the conduct prohibited … after having been notified by a law enforcement officer that the conduct is unlawful."

Chang said he introduced the measure after consulting with the Hono­lulu Police Department. He said a prohibition on lying down on city sidewalks would provide enforcement officers another tool to deal with the impediments faced by pedestrians. The priority is "the safety of the traveling public," he said.

Bill 59 is coming forward as city officials, through the Department of Design and Construction, Department of Facility Maintenance and Department of Parks and Recreation, continue to remove homeless encampments along the Ala Wai Promenade, various parks in McCully-Moiliili, Pawaa, Kakaako, Thomas Square, Chinatown, Iwilei and elsewhere with the aid of the 2011 Stored Property Ordinance, the 2013 Sidewalk Nuisance Ordinance and long-existing park closure laws.

The American Civil Liberties Union Hawaii Chapter and members of the protest group (de)Occupy Hono­lulu argue that the homeless are wrongfully and unnecessarily being booted from the only places they can call home.

Caldwell said he supports the intent of any new legislation "that makes sure that our sidewalks are open to everyone."

Caldwell said he likes that the measure does allow for First Amendment protection of free speech, but wants city attorneys to conduct a legal review of its language before he gives it his official support.

Chang last week also introduced Bill 58, which bars people from "affixing personal property" to city property. "Affix," under the bill, is defined as "to attach, fasten, join, stick, or hang upon."

The bill allows the city to remove the personal property summarily but requires the city to post notification of such action for three consecutive days. Items may be reclaimed within 30 days provided the owner pay the city a $200 fee for "removal, storage and handling."

The language is similar to language in the Sidewalk Nuisance Ordinance that provides for retrieval of confiscated items. Opponents of the bill argue that the proviso is too onerous.

Sugar Russell, a spokes­woman for (de)Occupy Hono­lulu, said in a statement that both bills 58 and 59 are "morally incorrect" and a waste of city resources.

Estimates show 10,000 individuals on Oahu without a home "with about 750 shelter beds with very few openings available," Russell said.

"We are not allowed in the parks, beaches, sidewalks or roads," she said. "I guess the only place the houseless are allowed to sleep is in jail."

Supporters of (de)Occupy Hono­lulu have maintained a 24-hour presence in and around Thomas Square since November 2011 despite repeated enforcement actions by the city.

An ACLU Hawaii chapter spokes­woman said the group wants to review the bills before commenting on the proposals.