New city law lets private property be cleared from public areas [Honolulu Star-Advertiser (HI)]

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HawaiiNewsNow Video: Storing stuff on public property is now illegal

Amid criticism Friday of adopting another shortsighted approach to dealing with homelessness, Mayor Peter Carlisle approved legislation aimed at removing personal property from public spaces.

Advocates for the homeless and civil rights groups say they plan to closely monitor the enforcement and implementation of the new law.

"The ACLU remains very concerned about the measure's true intent to target Hawaii's homeless individuals because of their homelessness," Daniel Gluck, senior attorney for the American Civil Liberties Union of Hawaii, said in a statement.

Carlisle signed Bill 54 into law on Friday, calling it necessary to curtail "significant problems" in some communities where personal belongings have accumulated. He said enforcement would begin "as soon as practical."

"We do not want this to continue to be a blight on the beauty of the place where we live," Carlisle said during a news conference in his office.

Carlisle signed the bill just two days after the City Council approved it by an 8-1 vote.

"We need to create some disincentive for those who are residing in public areas who are preventing the larger population from taking advantage of what is offered to them," Council Chairman Ernie Martin said. "We hope those who are affected will seek some of the services that are available."

While officials say the measure is not aimed at clearing streets and parks of homeless, they concede the homeless population is likely to be affected most by the new law.

Critics describe it as another piecemeal approach by the City Council and the city administration toward dealing with homelessness. Similar proposals introduced by the Council in recent years have sought, with varying success, to prohibit shopping carts in parks, ban sleeping or sitting on public sidewalks and establish "pedestrian use zones" on sidewalks.

"It is very disappointing that this vulnerable population continues to bear the brunt of the government's power to eliminate them from public spaces," Gluck added. "Instead, government should focus effort on the underlying causes of homelessness."

Gluck notes said that Bill 39 (2010), establishing pedestrian use zones, was passed last year but has run into enforcement obstacles because of logistical problems in defining the zones and a lack of funding for oversight.

Under Bill 54 those found in violation would be given a written notice and 24 hours to remove the property. After that the property would be impounded and stored by the city. Owners would be given at least 30 days' notice to recover it before it would be discarded, donated or sold.

Any proceeds from sales of confiscated items would go toward the implementation of the program, said City Councilwoman Tulsi Gabbard, main sponsor of the legislation. Items will be stored at Department of Facility Maintenance base yards across the island.

No criminal citation would be issued. Officials say they are hoping for voluntary compliance and that some might take advantage of city and state services that are offered to the homeless.

"The efforts are always there to better their situation and make it so that they are people who are going to ultimately get re-integrated into affordable housing and to a job situation," Carlisle said. "I think that's the goal."

Carlisle said enforcement would be largely complaint-driven, but he expected others - officials and the public - to notify his office of potential violations. Complaints can be called into the mayor's office or to the district's City Council member.

Notification, follow-up and removal would be handled by the existing Department of Facility Maintenance staff, Carlisle said. Although the city does not plan to hire additional workers, the budget does allow for additional overtime.

The ACLU said it also will monitor how the new law is enforced in regard to any attempt to curtail First Amendment rights to free speech and assembly. Some critics say they fear the law could be used to break up the Occupy Hono­lulu movement, which has been camping out at Thomas Square for about a month.

"If it fits the law, we will enforce the law against everybody, indiscriminately," Carlisle said.

Credit: B.J. Reyes