Homeless can’t stay on sidewalks

The adequate response to Honolulu’s homelessness crisis, as many experts point out frequently, will require the use of every tool in the toolbox.

The proposal to convert the open pavilions at Waikiki’s Kuhio Beach is one element that should be pursued, a small but positive step down what is still a very long road to resolution. A holistic solution will require a more comprehensive enforcement strategy to maintain communities throughout Oahu, and much faster delivery of alternative accommodations for the island’s homeless population.

In Waikiki, Mayor Kirk Caldwell has directed an accelerated enforcement at the beachfront pavilions — once used by the public for their shade and tables until they became a draw for homeless encampments, substance abuse and crime.

One of them was reclaimed last May when the city struck a partnership with a vendor, Service Systems Associates, which launched the open-air Waikiki Grass Shack Bistro.

In the next two months, Caldwell said, the city will consider proposals for other pavilions lined up toward Diamond Head to be commercial enterprises of some sort.

That is basically a good plan, as long as the city makes efforts to keep them open rather than impeding beach access and views, and to incorporate public functions.

The suggestions so far sound like the right approach. Caldwell wants to convert one pavilion to a kind of informal cultural center, which could provide a welcome diversion. Another idea — to replace a pavilion with a sundry store with lockers where beachgoers could stow their belongings — could serve as a convenience to visitors and kamaaina crowds alike.

It is unfortunate that something as benign as a string of sheltered tables, where for years people have rested or stopped for a game of chess or checkers, has become a problem instead of a pleasure, but that’s the city we live in now.

Along those lines, the City Council has been contemplating an expansion of the areas covered by the "sit-lie" ordinance, which reserves sidewalks as pedestrian pass-throughs, preventing any lingering there 5 a.m.-11 p.m., the range of hours when most businesses operate.

Bill 6 would expand the restricted zones to include abutting areas, a response to people who would get around the rule by crossing a street. The sit-lie crackdown, which started in Waikiki then extended to other key business districts, would now encompass the Aala Park and McCully areas as well.

The bill is advancing, as it should, for further discussion at the planned April 22 hearing. Ultimately it is unfair to keep sidewalks clear during business hours in some areas but not others.

Taken by itself, Bill 6 is the logical next step in this slow march toward what eventually should happen: adopting an islandwide policy that discourages blocking free passage on sidewalks. The Council should consider taking that step soon, if not through a revision to the current legislation.

City lawyers rightly advise caution because of constitutional concerns. Interference with commercial activities is the primary basis for sit-lie restrictions. But it’s worth testing the limits of sit-lie protections if it means residential sidewalks can be kept clear as well. Neighbors deserve free passage to their homes, too.

However, one reason to hold off on that action would be the city’s current capacity to shelter the scattered homeless communities. Lois Perrin, an attorney with the American Civil Liberties Union, said the principal constitutional concern is the criminalization of a person’s presence in any given area if they have nowhere else to go.

The "Housing First" program of rehousing the most vulnerable homeless individuals is essential, but plainly, more short-term accommodation is needed for all, including some variation on the "safe zone" theme.

A "safe zone" is an area set aside, with sanitation facilities and security, for those who can’t or won’t go to conventional shelters. The proposal to use a 4-acre Sand Island site, which the city previously explored, must be revisited. Such an encampment should have safety, shade, services and places to shower.

The state and city must find more spaces and repurposed structures that can serve as emergency shelter. And they must develop and redevelop properties that can provide so-called micro-units for individuals and living spaces for the homeless.

It’s well past time for some "out-of-the-box" thinking about homelessness to come out of the box, creating decent places so people can get back on their feet and stop living on public streets.