Be Careful Where You Sit in Honolulu!
The Honolulu City Council is considering a proposed
anti-loitering ordinance that would ban routinely sitting or lying on public
sidewalks in Waikiki. The ban, proposed by the Mayor of Honolulu, Rick
Caldwell, has only been proposed for Waikiki, but the City Council is
considering expanding the scope beyond Waikiki, to include the whole
island. The Council is also considering expanding the bill to make the
ban effective 24 hours a day, seven days a week, with the only exceptions
during parades and protests. Proponents of the bill argue that a 24 hour
ban is necessary due to the presence of numerous 24 hour businesses in the
area. The goal of the bill is to clean up the tourist areas of Honolulu.
The “sit-lie” ban, as it is called, is patterned on a similar
ordinance in Seattle. However, critics are now concerned that expansion
of the ban to all of the island, all of the time, opens the City up to
potential legal challenges, as similar ordinances have faced First Amendment
challenges. The issue will become whether the sit-lie ban regulates
conduct or free speech. If the ban is found to regulate free speech, it
will be found unconstitutional.
The Seattle sit-lie ban was both limited as to geographic
scope, and was limited to certain places at certain times. It has
survived challenges due to its limited scope, as the 9th Circuit has
found that the ordinance only regulated conduct. However, a similar
ordinance was struck down by the 9th Circuit in Los Angeles, as the
court concluded that a 24 hour ban amounted to cruel and unusual punishment,
which criminalized the homeless.
If the bill is enacted into law, violators face fines up to
$1000.00 and up to 30 days in jail. The Council will review the bill at a future meeting.
Post Authored by Erin Baker, Ancel Glink
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