KRYSTLE MARCELLUS / KMARCELLUS@STARADVERTISER.COM
Samuel G. Williams sits by his cart on Kalakaua Ave. in Waikiki on Monday
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A U.S. District Court judge barred Hawaii County police officers Friday from interfering with a homeless man’s attempts to use a sign to solicit donations in public.
Judge Susan Oki Mollway entered a temporary restraining order against Hawaii County that effectively affirms that plaintiff Justin Guy’s "Homeless Please Help" constitutes a lawful expression of free speech.
On June 3, Guy was cited for violating a county ordinance that prohibits panhandling in specified public areas. Officers had previously approached Guy as he stood on the side of Kaiwi Street in Kailua-Kona with his sign and directed him to leave the area.
The criminal charges against Guy were later dropped, but Guy pursued the temporary restraining order with the help of the American Civil Liberties Union of Hawaii Foundation, which provided legal representation in conjunction with the law firm of Davis Levin Livingston.
In granting Guy’s request, Mollway questioned the county’s claim that Guy’s actions were a threat to public safety, indicating that such concerns could be addressed with less restriction than is provided by the ordinance.
Mollway clarified that the temporary restraining order is specific to Guy using signs to seek donations in public areas along streets and roads and does not prevent law enforcement officers from applying the panhandling ordinance to "oral or other forms of solicitation for money or such solicitation in all locations other than areas along streets and roads."
Guy’s attorneys nonetheless hailed the ruling as a victory for free speech.
"All people have a constitutional right to express their views publicly — whether those views are popular or not," said attorney Matthew Winter. "This right of free speech applies with equal force to an unsheltered person asking for help as it does to a politician asking for votes."
The court set a hearing in this case for Jan. 21 to address the constitutionality of several county laws restricting solicitation.