Bill Would Make Lying Down on Honolulu's Public Sidewalks Against the Law

Honolulu City Councilman Stanley Chang is proposing Bill 59, which would make it against the law to lie down on a public sidewalk, except in certain circumstances.  According to Chang, lying down on a public sidewalk creates a safety concern by impeding pedestrians' movements.  Under the bill, someone with a medical condition or in an emergency would be allowed to lie on the sidewalk, as would "expressive activity" such as a protest or a street performance.  The fine for a violation would be $50.  Chang did add that the bill is not targeted at the homeless, but stated, "Our aim with this measure is to ensure that our public sidewalks are kept free and clear for all members of the public to pass.  We're certainly not trying to target any individual group of people.  There may be some homeless people who are obstructing sidewalks. There may be not-homeless people who are obstructing sidewalks. The main aim of this measure is to ensure the safety of the sidewalks for public transportation."

Honolulu Mayor Kirk Caldwell commented that he supports any new legislation "that makes sure our sidewalks are open to everyone."  Caldwell added that he will wait until city attorneys have had a chance to review the language of Bill 59 before he gives his official support.  The ACLU Hawaii Chapter stated that they will also wait until they have had a chance to review the bill before making and comments.

Source: Honolulu Star Advertiser, 9-9-2013, www.staradvertiser.com
Posted by Jeff Uyemura-Reyes, Broker-in-Charge, REALTOR®
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