Legislating civilized behavior has limited success, especially if the effort obscures a potentially more effective path to a solution.
Deterring people from urinating or defecating in the open has a public health imperative behind it, which is why it’s become a persistent issue, especially in Honolulu’s urban core. And that’s undoubtedly part of the impetus behind House Bill 1595, introduced by state Rep. Gene Ward (R, Kalama Valley-Queen’s Gate-Hawaii Kai).
Ward, who’s been concerned about homelessness in his own district, thinks it’s time to reinstate a ban that lapsed in 2016. State Sen. Karl Rhoads, who represents the Downtown district, first drafted the forerunner to HB 1595 while serving on the Downtown-Chinatown Neighborhood Board.
In September 2014, the city enacted its own ban on urinating and defecating in public places, so Rhoads did not seek an extension of the state law.
That seems a reasonable conclusion. Instead of moving ahead with a duplicative state law, it would make more sense for government at all levels to consider a more straightforward approach: Find ways to place public restrooms where the homeless, and the public at large, can access them and where they can be secured.
The problem is especially acute in the Downtown-Chinatown area, where restrooms are almost entirely within private, commercial premises, most of which close relatively early.
Even during daylight hours, many places offer no restrooms even to those who venture in as customers. Those living on the streets, unkempt and toting belongings, have been quickly recognized as homeless and, in many instances, turned away by private security.
River of Life Mission, a nonprofit serving the needy in the area, is one institution with a long history of providing bathrooms, showers, meals and other services for the homeless. And the city has made some efforts to address this need, as well.
Two years ago, a new “hygiene center” opened at Pauahi Hale, the renovated apartment building that dedicates some of its units to house the chronically homeless.
Residents share their own bathroom-and-shower facility inside, but outside there are two units, each equipped with a toilet, sink and shower, that the homeless can use, said Greg Payton. He is the chief executive officer of Mental Health Kokua, a private nonprofit that runs the Safe Haven permanent supportive housing program.
Payton said the public facility is secured and supervised by staff on premises, 24/7. That, he added, is the key to success: Without tight supervision such bathrooms can attract illegal activity and be prey to vandalism.
In the past two years, the hygiene center has had none of that. Many of the 60 or more people who use these bathrooms daily are homeless people who need to clean up on their way to jobs, Payton said.
The emphasis should be put on partnerships that enable co-location of more centers with establishments that provide security. Some churches have put portable bathrooms on their property as a service. And more permanent facilities should be part of the planning in options dealing with homelessness.
HB 1595 would set aside public places where urination and defecation would be prohibited. Penalties would range from $500 to $2,000. As an alternative to payment, the offender could complete a court-approved drug, alcohol or mental-health treatment program.
Mateo Caballero, legal director of the American Civil Liberties Union of Hawaii, said resources would be better spent on providing restrooms than on criminalizing this behavior.
Agreed. Downtown, for one, is in dire need of these facilities. And that should be government’s focus — not demanding more citations from the beat officer who has better things to do.