Waikiki’s streets are not paved with gold, but tell that to the street vendors and performers who line Kalakaua Avenue’s sidewalks.
One cannot stroll down the famed thoroughfare, especially at night, without encountering everything from performance artists to lauhala hat makers to musicians, not to mention people passing out advertising handbills.
No one doubts that they are there to make money. And even though it’s against the law to sell goods and services along Kalakaua, efforts to get around the law persist, for good reason — Waikiki is a densely populated area filled with visitors at their leisure and who are willing to spend.
It’s a situation that can easily get out of hand. So it’s understandable that the Honolulu Police Department, acting on complaints by the community, has stepped up enforcement of city ordinances designed to keep Kalakaua’s sidewalks passable and the visitor experience hassle-free.
Since July 1, there have been 27 individual arrests for peddling, according to HPD. Police have also targeted noise complaints and sidewalk obstruction. It’s unfortunate that such increased action is necessary; but unless those who engage in sidewalk activities understand and follow the law, they should expect more complaints and more police response.
There is more at stake than the fate of hapless vendors. Waikiki is the main engine of Hawaii’s tourist economy, and millions of public and private dollars have been invested in improving the Waikiki experience for visitors.
The city has an obligation to protect this investment. It must do what it can to preserve the aesthetic appearance of Waikiki, promote the safety of pedestrians in a crowded area, and help maintain a prosperous merchant community, which pays a premium for the location and provides a stable source of tax revenue. A flood of street vendors who pay no rent or taxes crowding the sidewalks would be contrary to these interests.
Of course, turning Waikiki into a quasi-police state won’t advance these interests either. The city should also cast a wary eye on donations to HPD that might be construed as a "fee-for-service" arrangement, such as money specifically earmarked for cracking down on illegal activities in certain areas of Waikiki. In response to a proposed $75,000 gift to HPD for this purpose, the American Civil Liberties Union last year rightly raised questions about such deals being contrary to "a democratic system whereby police services are available equally to all."
After all, not all complained-about activity is illegal, and HPD treads a fine line in enforcing the law. First Amendment free-speech rights permit sidewalk performers to entertain, provided they don’t charge for their services.
Those who have wares on display can accept donations in whatever amount the donor chooses, as long as no price is negotiated. And it’s easy to see how some of this street life can enhance the Waikiki experience. Street performers are a common sight in most tourist spots, and appreciative audiences will support them — freely and without obligation.
As long as there’s money to be made, the Waikiki community will grapple with the often-competing interests of commerce, free speech and public safety. A healthy respect for the law — and for each other — can help all of Waikiki’s diverse inhabitants improve their unique neighborhood. With effort and a little luck, they can prosper as well.
