Hawaii bill would criminalize trespassing on state lands
CRAIG T. KOJIMA / CKOJIMA@STARADVERTISER.COM
At the recommendation of Budget Chairwoman Ann Kobayashi, the committee restored $1.79 million for operations at Hale Mauliola.
Gov. David Ige’s administration wants to make it a crime to trespass on all state lands, but homeless advocates worry that could give homeless people a criminal record by expanding the areas that are off-limits to set up camp.
A bill in the Hawaii Legislature would apply criminal trespassing laws evenly across state lands, said Josh Wisch, spokesman for Hawaii Attorney General Douglas Chin, who’s pushing the bill.
Honolulu already has a law banning sitting and lying down on sidewalks, and critics see the state bill as a way to expand that type of law to state properties.
“There is a trend across the country to criminalize homelessness,” said Maria Foscarinis, founder and executive director of the National Law Center on Homelessness and Poverty. “It’s part of a very misguided and harmful effort to respond to visible poverty, through criminalization.”
Right now, criminal trespass laws don’t apply to improved state lands — meaning land that’s built or improved in some way — and it’s unclear whether Hawaii’s trespassing laws apply to state land under freeways or in boat harbors, Wisch said.
Officials are trying to combat problems like copper theft and arson, and the proposed trespassing law would apply to everyone, not just homeless people, Wisch said. Before someone is arrested for trespassing, the state follows federal case law which requires that the state would have to confirm that there’s a shelter vacancy and would have to ask the person to leave, he added.
“The state can’t just target homeless people and arrest them,” Wisch said.
But Mandy Finlay of the ACLU of Hawaii was worried that the bill would disproportionately impact homeless people, many of whom live in harbors or under freeways. Hundreds of people are living on state land near a boat harbor on Oahu’s west side.
“On any given night, there’s going to be at least one or two thousand unsheltered individuals, and only a couple of hundred available shelter beds,” Finlay said. “So until there’s sufficient housing for homeless individuals and families, we should not be expanding criminal trespass law to target homelessness.”
The Department of Land and Natural Resources supported the bill, saying it would allow immediate removal of offenders trespassing or conducting illegal activities on state land. May of the state’s small boat harbors, trails and forest reserves are used for illegal activities like unpermitted camping, illegal alcohol consumption and disorderly conduct, said Suzanne Case, chairwoman of the Board of Land and Natural Resources, in testimony supporting the bill. That trespassing can kill native wildlife, she said.
The Department of Transportation also supports the bill because it’s been having a tremendous problem with copper theft on state land, Wisch said.
10 responses to “Hawaii bill would criminalize trespassing on state lands”
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“illegal activities like unpermitted camping, illegal alcohol consumption and disorderly conduct, said Suzanne Case, chairwoman of the Board of Land and Natural Resources, in testimony supporting the bill. That trespassing can kill native wildlife, she said”. – Sounds like Case thinks the native wildlife is more important than the homeless people that live on the state land near the waianae boat harbor.
Next they’ll be proposing a law that allows people without money in their pocket to be arrested for vagrancy. That’s how the small towns and cities on the mainland deal with their homeless problem.
Ige is right but the question is whether the law will or can be enforced.
Current laws not working. They (homeless) brought this upon themselves.
Agree. Those testifying in support of this bill points to illegal activities or destruction of property and damages incurred. They did it to themselves. If the homeless do not care what they do, why should we?
Make a choice, shelter or jail!
Plain and simple English. This is a positive first step. David had better have the shelters ready…..and he better start plans to build a big jail on Kahoolawe.
These actions/”Bills” are happening across The USA. It’s all about LAND GRABS! Soon, you won’t be able to walk across the streets without paying a Toll Charge and subject to search and seizures. Follow what’s happening with The DLNR and BLM… What about State Parks and State Recreation Areas? Here today and gone tomorrow (NO Not Maui)… The Governments are taking away the Parking in Downtown areas and forcing you to take Government owned and controlled rapid-transit(s), and motivating you to locate in Downtown areas to avoid commutes. Then, they can CONTROL THE MASSES… Because, as The Public becomes more aware and educated and breaks-down the veils hiding The Truths–Transparencies–there is a fear of revolt… It’s a step-by-step process outlined in the United Nations “Agenda 21/2035”. That’s Governments biggest FEARS re: “Trump” (he doesn’t need The Military Industrial Complex or The Federal Reserve Banking Systems). In the event that Trump somehow navigates himself through the mine-fields being set by The Bush Family, Obama, The Clinton’s, et al–YES, they WILL assassinate him (Multi-Trillions are at stake). REMEMBER JFK? Trump is basically trying to do the same things–with a different ego-style and personality…
There is a lot of government land. This bill should prohibit certain activities that are well defined … not a general trespass law. We all own the state land collectively.
we own this land but now we will be trespassing, or not, based on the whim of a law enforcement guy?
Lots of hiking trails on state land. Would hikers be trespassing?