Aggressive Panhandlers in Waikiki May Be Hurting Tourism

Over the last few years, Waikiki residents and the visitors have noticed an increase in the number of homeless and panhandlers asking for money.  Many feel that the panhandlers have become increasingly aggressive in the demands for money often heckling tourists as they walk by. Dennis Ihaksi and his wife Penny, who are Canadian visitors who have been visiting Waikiki since 1977, stated, "We'll probably take next year off. We'd like to come back, but we just don't feel safe anymore. And it's not just us that feel that way. We have friends that have been coming here for years and we all are having the same discussion. It's worse here than in Los Angeles or San Francisco. We've also been to Vietnam, China and Cambodia. In the tourist areas, we didn't see the massive group of people with hands out to the extent that it's happening here."

Several residents and Waikiki businesses are demanding that the Honolulu government change the laws on panhandling, vagrancy, loitering, and public intoxication,  Under Honolulu law, a panhandler has to use aggressive tactics in a prohibited location to be cited for aggressive panhandling.  Aggressive panhandling is forbidden within 10 feet of an ATM, a facility with an ATM, or a check cashing business.  The penalty is $25 for each offense. The city of Honolulu does not have any laws against vagrancy, loitering, public intoxication or homelessness.

Source: Honolulu Police Department; A panhandler can be arrested by the police if they:

1.  Persist in soliciting money from, follow, or approach a person after that person has given a negative response by either words or conduct to a solicitation for money

2.  Intentionally touch or cause physical contact with a person being solicited without the person’s consent

3.  Intentionally block or interfere with the safe or free passage of a person exiting or entering a vehicle near an ATM

4.  Use violent or threatening gestures toward a person being solicited

5.  Use profane or abusive language that is likely to provoke an immediate violent reaction from the person being solicited

6.  Approach or follow a person being solicited in a group of two or more persons in a manner intended or likely to cause a reasonable person to fear imminent bodily harm or damage to or loss of property or otherwise to be intimidated into giving money or other thing of value.

Source: ACLU; A panhandler or street performer has the following rights:

A.  Panhandlers and street performers have a First Amendment right to be on the public ways and sidewalks provided they are not obstructing the flow of traffic or peddling. Peddling is defined as selling, renting, or offering to sell or rent goods, wares, merchandise, food or other kinds of property or services. A person offering goods or services in public places in Waikiki who does no more than solicit or accept a donation, leaving the amount to be determined solely and freely by the donor, is not in violation of the peddling ordinance.

Source: Honolulu Star Advertiser, 1-19-2014, www.staradvertiser.com
Posted by Jeff Uyemura-Reyes, Principal Broker, REALTOR®
Global Executive Realty, LLC
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