House member calls off shopping cart raids

State Rep. Tom Brower is packing away the sledgehammer he has used through the past few weeks to wreck stolen and abandoned shopping carts homeless people use to carry their belongings.

"It’s time to put down the sledgehammer. The point that I was trying to make has been made," Brower (D, Ala Moana-Waikiki) told the Hono­lulu Star-Advertiser on Tuesday. "Now that the issue of shopping carts is on our minds, the question is, Are we going to move forward and try to solve it or just let it become status quo?"

Brower’s unusual cart-destroying tactics made national news and sparked a storm of controversy after the Star-Advertiser on Monday first reported his actions. If the carts were clearly marked with a store’s logo, Brower said he returned them. If they were not, he would pound them with his sledgehammer and either drop them at a recycling center or leave them for city crews to pick up.

"I’m not trying to attack the homeless," Brower said. "I’m trying to attack the issue of cleanliness, but some people interpreted it as an attack on the homeless."

Mental Health America of Hawaii Executive Director Marya Grambs said Brower’s change of heart was probably prompted by the flurry of phone calls, emails, Facebook postings and critical commentary in national news.

"Yesterday he said about 70 percent of the feedback that he was getting was positive. That certainly wasn’t the case today. We all came together to say that this kind of behavior is wrong, and really all we think that he succeeded in doing was to make Hawaii a laughingstock," Grambs said. "I’m relieved that Rep. Brower has ceased his divisive and destructive actions."

Earlier Tuesday, homeless advocates called upon legislative leaders to take disciplinary action against Brower. House Speaker Joe Souki and Vice Speaker John Mizuno did not return calls from the Star-Advertiser. House Majority Leader Scott Saiki said there was no basis for disciplinary action against Brower. However, he planned to outline safety concerns to him.

"His overzealousness was born by frustration with the homeless situation. I think my comment is that perhaps there may be a way for him to temper his overzealousness. There’s room for that," Saiki said. "It’s his decision if he continues."

However, others felt strongly that the state should intervene. Victor Gemi­ni­ani, executive director of the Appleseed Center for Law and Economic Justice, a legal advocate for low-income people in Hawaii, said Brower’s actions put him as well as the state at legal risk.

"We need him to make systemic change, not these sound bites. Is this a war on the people living on the parks and beaches? It’s disgraceful," Gemi­ni­ani said. "What he did is theft or aggravated theft, and it’s absolutely vigilante. Is the next step clubbing people to death?"

Richard Aberdeen, the Nashville, Tenn.-based owner of Freedom Tracks Records, also called upon the Hono­lulu Police Department to arrest Brower for willful destruction of private property and urged the ACLU to bring a suit against Hawaii for illegal harassment and other actions.

"According to my understanding, it is a crime on federal, state and local levels to destroy someone’s personal belongings or other private property anywhere within the borders of the United States and, it is a crime for the state of Hawaii and/or local law enforcement officers to not arrest Tom Brower, as it is their sworn duty to uphold the law," Aberdeen said in an email. "And it is Tom Brower’s sworn duty as a state representative, to uphold the laws of the state of Hawaii."

Jesse Broder Van Dyke, a spokes­man for Mayor Kirk Caldwell, also weighed in, saying that the city does not support the retrieval of carts by private citizens.

"We would ask people to report it to police if they see someone stealing a shopping cart," Broder Van Dyke said. "They can report abandoned shopping carts to (the Department of Facility Maintenance). When we go, we have the Hono­lulu police on standby to ensure that no incident occurs."

The city already has removed more than 100 carts from city parks and streets, he said.

Brower thanked those who supported him. He said his main purpose was to raise awareness of homeless issues. If he has a regret, it’s that he choose a sledgehammer to make his point.

"If I had gone out with a wrench and a screwdriver, we wouldn’t be having this conversation," he said. "The good thing that has come from this is that I don’t think that people can go back to how it was after this much passion and feeling has come out on both sides."

State Homeless Coordinator Colin Kippen, who was a strong critic of Brower’s approach, said that he appreciated the legislator reconsidering his actions.

"I’m really glad that he’s listened to the counsel of his better angels. It’s a very positive sign. It shows me that he’s a thoughtful man who is able to change his mind."

Waikiki Neighborhood Board Chairman Bob Finley said the controversy that Brower created could prove positive because it raises awareness of homelessness issues.

"My phone hasn’t stopped ringing. His name is certainly out there now," Finley said. "It’s kind of neat. Maybe it will push our public officials to more actively look for a resolution. We’ve been waiting 20 years for someone to take a proactive approach."

Saiki said he hopes Brower can bring parties together.

"He has a great opening now to sit down with community leaders and homeless providers to have a substantiative discussion on short- and long-term homeless solutions," he said.

Brower said he wants to review the idea of creating homeless safe zones and building more affordable housing.

"When there is a natural disaster, the first thing that the government does is provide shelter. During an economic disaster the government should provide that service. Because we won’t talk about safe zones, by default we have campsites all over the place. There really haven’t been good solutions for the chronic homeless," he said.