A federal judge has refused to dismiss a lawsuit brought against the city by members of a protest group that has been camping on the sidewalks around Thomas Square.
The judge also refused to order the city to stop seizing the group’s tents and other property from the sidewalks, as long as city officials tag the property at least 24 hours in advance. The tags provide the owners notice to move their property.
In two separate rulings Tuesday, U.S. District Judge J. Michael Seabright said (de)Occupy Honolulu’s constitutional violation, negligence and criminal property damage claims against the city can move forward. Seabright did dismiss the group’s conspiracy, fraud and punitive damages claims.
In refusing the group’s request for a preliminary injunction, Seabright in essence upheld the constitutionality of the version of the city’s stored property ordinance in effect for the past year. He said (de)Occupy Honolulu has not shown that it is likely to prevail in its constitutional free speech and due process challenges to the ordinance at trial.
Richard Holcomb, lawyer for (de)Occupy Honolulu, had no comment on Seabright’s ruling.
“I haven’t looked at it yet,” Holcomb said.
Mayor Kirk Caldwell praised the judge’s decision.
“Sidewalks are built for everyone in the community to walk across safely, not for individuals to block for their own use,” he said.
Caldwell said the city will continue to enforce the stored property ordinance. And he said he looks forward to enforcing a recent change to the law that lifts the requirement that the city provide 24 hours’ notice before removing private property from public sidewalks. Rules for administering the revised law first must be approved by the city.
Lawyers for the city and (de)Occupy Honolulu told Seabright less than a week ago that they would submit an agreement outlining protections for property seized under the ordinance. The agreement was to include allowing an owner to remove untagged items from a tent before the city impounds the tent.
City landscaping projects forced (de)Occupy Honolulu protesters to move their tents, first from the sidewalk on Beretania Street to the sidewalk on King Street, then to the sidewalk fronting Blaisdell Concert Hall. Their tents are now on Ward Avenue and Victoria Street near Beretania.
