Two members of the protest group (de)Occupy Honolulu are suing to overturn the city’s sidewalk nuisance ordinance, claiming it violates their civil rights.
The ordinance, approved by the City Council in the spring, allows the city to clear sidewalks of any tents, furniture, sleeping bags or items without any more than a few minutes’ notice to those who own the items.
The suit, filed in U.S. District Court on Sep. 19, says that (de)Occupy Honolulu and members Cathy "Sugar" Russell and Terry Anderson have been subjected to "a continuing assault" on their property, due process rights and First Amendment rights. A hearing on (de)Occupy Honolulu’s request for a temporary restraining order could be held in late October.
"Depriving homeless citizens of their property with no warning, no process, no rules and no consistency is very troubling, if not downright evil," (de)Occupy Honolulu attorney Brian Brazier said.
The law requires the city to retain seized property for a minimum of 30 days to allow owners to claim items if they pay a $200 removal, storage and handling fee. The ordinance also allows a property owner to contest the seizure by putting in a written request for an appeals hearing.
But the lawsuit said the city has not responded to such requests for hearings made by (de)Occupy members.
Jesse Broder Van Dyke, a spokesman for the city, said city attorneys are reviewing the suit and had no comment.
The ordinance defines sidewalk nuisance as "any object or collection of objects constructed, erected, installed, maintained, kept, or operated on or over any sidewalk, including but not limited to structures, stalls, stands, tents, furniture, and containers and any of their contents or attachments."
Council members Ikaika Anderson, Ann Kobayashi and Ernie Martin said they introduced Bill 7(2013), which eventually became the sidewalk nuisance ordinance, to address complaints raised over access to city sidewalks impeded by tents and other objects.
City officials have tagged and removed items from (de)Occupy Honolulu’s Thomas Square encampment 13 times since the end of July, (de)Occupy supporters said.
Besides the sidewalk nuisance ordinance, officials have been using the stored property ordinance and park closure laws to remove items from city property. That law bars longtime storage of items on city property, but requires the city to "tag" them with a notice that the property, if left in place, will be removed in 24 hours. (de)Occupy Honolulu has also sued to stop that law. The case has not yet gone to trial.
The raids have been conducted not just at Thomas Square, but other areas where the homeless congregate, including parks, pedestrian malls and sidewalks in Pawaa, McCully-Moiliili, Kakaako, Iwilei and Chinatown.
