Mayor Kirk Caldwell said he plans to veto an expansion of the sit-lie laws, which prohibit people from sitting or lying at specific times in areas of Waikiki, Chinatown and downtown that are zoned for commercial and business activities.

Bill 6, which the City Council passed this month, applied the sit-lie prohibition to both sides of the street and extended its reach to other Oahu areas that have seen a rise in campers.

Caldwell told the Hono­lulu Star-Advertiser on Wednesday that the expansion violates the intent of the sit-lie laws by applying it in areas that are not commercial or intended for public use. He said he fears the expansion could cause costly legal disputes and challenge the legitimacy of the current sit-lie laws.

However, the mayor said he supports an alternate bill from the city’s corporation counsel, which he thinks would pass legal muster.

Corporation Counsel Donna Leong, the city’s top civil attorney, said the alternative bill applies only to public sidewalks and excludes areas that are zoned for apartment, residential or preservation use.

Now, the Council has two choices: override the veto or work with Caldwell to pass the bill he favors.

City Councilman Joey Manahan said the Council knew of the corporation counsel bill, but did not consider it so he doesn’t know how it will be received.

The Council was "under so much pressure to do something from our constituents and the media. We felt we needed to take a position so we moved forward with the Council’s bill," Manahan said. "Hearing corporation counsel’s bill would have delayed the process so much more. How can they say they can’t defend Bill 6 without knowing what we’ll get challenged on?"

Manahan said, based on previous votes, that the Council might be able to meet the two-thirds override requirement. However, he added, the Council has not discussed an override.

Caldwell said he hopes the City Council will support a "proper application" of the measure, which he believes is reducing complaints and crime especially in the state’s top tourism destination. Caldwell pointed out improvements during a Monday walk through Waikiki, which piloted the sit-lie law in September.

"We had a criminal element, who were not necessarily homeless, mixed in with the homeless. By us initially not doing anything and allowing sitting and lying, it was an invitation to commit a crime," Caldwell said. "Now, it’s harder for people to commit crimes because they stand out more. I support the sit-lie law because it works."

The current sit-lie laws prohibit obstructing sidewalks in parts of Waikiki, Chinatown and downtown business districts from 5 a.m. to 11 p.m., making it a petty misdemeanor punishable by fines of up to $1,000 and/or 30 days in jail.

Honolulu police have made only three arrests in Waikiki since sit-lie went into effect. However, Honolulu police Maj. Lisa Mann said the 751 warnings and 184 citations officers have issued for sit-lie through May are starting to send a message that such behavior will not be tolerated.

"Some people were stubborn so it took a while to ramp up, but the number of sit-lie warnings, citations and arrests have gone down since the beginning of the year," said Mann, who oversees HPD’s Waikiki enforcement.

Sit-lie efforts also have reduced property crime, she said. From January to May, HPD statistics show that property crime has dropped 14 percent year-over-year and burglary has dropped 31 percent.

However, for that time period, property crime and burglary rates also have dropped on average 14 percent and 11 percent, respectively, for the entire island, most of which is not covered by sit-lie laws.

Mann said islandwide police efforts to combat property crime have had positive effects in Waikiki and elsewhere. But she stressed that the sit-lie law has been a major factor in property crime reduction in Waikiki because it, along with other enforcement such as park closure rules and the ban on public urination and defecation, have resulted in a blanket of regulations to disrupt criminals.

"Before sit-lie, there were a lot of people hanging out on the sidewalks peddling and drinking in public," Mann said. "It gave us a tool to get people up. We’ve seen a correlation between the sit-lie law and a decrease in property crimes."

Prior to the sit-lie law, Mann said police weren’t always able to roust people in response to complaints from hotels, businesses, residents and visitors.

"Before, if they said no, there was nothing that we could do," she said. "And we were finding that a lot of the people that we were dealing with on a daily basis for these complaints were also responsible for thefts. They were getting very aggressive. Sit-lie was the tool that put us over the top."

Beyond the crime statistics, a reduction in complaints is another metric that shows HPD and the city are having success in Waikiki. "I used to receive about five complaints every week about homelessness, and now that is down to less than one a month," Mann said.

Caldwell added that he once signed responses to complaints about homelessness almost every day, but that the number has dropped to a couple of times a month.

Caldwell’s Monday stroll revealed mostly clear Waikiki sidewalks. Parks workers, businesses and residents told him that city efforts must continue.

The city has to stay vigilant, said Mike Corpuz, owner of the Waikiki Grass Shack Bistro, located in a city-owned pavilion as part of a pilot program to clean up Waikiki.

"After hours, the homeless come back," Corpuz told Caldwell. "We see them at night hanging out and charging their mopeds and wheelchairs. I spend mornings cleaning up shishi."

Caldwell introduced Corpuz to Mann, who explained that the permit gives police the right to kick out after-hour visitors. "I’m glad to hear that and I’m going to be calling all the time," Corpuz said.

Caldwell and police say that while they are intensely focused on the tourist business districts, they also enforce sit-lie in Chinatown and downtown.

Mann said police have seen results in Chinatown, where the measure went into effect in December. Honolulu police have made only three arrests in Chinatown since sit-lie went into effect. However, they say the 3,023 warnings and 19 citations that they have issued for sit-lie also are starting to have a positive impact on property crime. From January to May, property crime in Chinatown fell 6 percent and burglaries declined by 8 percent.

Waikiki Neighborhood Board member Jeff Merz said he understands Caldwell’s trepidation in expanding sit-lie, but hopes for compromise.

"It’s been effective for Waikiki and for Chinatown and we don’t want other neighborhoods to be burdened by what we’ve done," Merz said. "It’s a constant cat-and-mouse game."

Opponents have complained that various city crackdowns have criminalized the homeless, who are merely moved from one district to the next.

"Sit-lie legislation moves the homeless and issues associated with it from wealthier business districts to the front door of people’s homes," said Councilwoman Kymberly Marcos Pine, who has consistently voted against the measure. "We need to focus on solving the problem instead of moving it from one community to another."

But Caldwell said the city can’t stop enforcement measures until it figures out how to house more people. "If we don’t figure out how to use these laws, they’ll go back to places and expand like in Kakaako," he said.

In the meantime, Caldwell said the city is continuing to work on a Sand Island homeless encampment and has made a $3 million commitment to making a dent in chronic homelessness.

"(City-funded programs) have housed 70 families and there’s a commitment to house 120 by the end of the year. We are on target and may exceed that," he said.