The city is preparing to take an important step in regaining control of the public spaces and pedestrian routes when the implementation of a new law barring sidewalk storage of "nuisance" gear begins July 1.
The new set of rules Honolulu officials have been hammering out arise from the passage of Bill 7, an act that replaces the city’s existing Stored Property Ordinance.
A new regulatory approach was necessary because that ordinance gave 24-hour notice to those cited for storing property, such as tents and other personal effects, on sidewalks.
The old law was ineffectual at keeping sidewalks clear because some would simply substitute other tents or equipment during those 24 hours. In effect, eliminating the notice period is no different from enforcement of parking restrictions on city streets, in which vehicles can — without notice — be towed away and a fine imposed to reclaim them.
The ordinance has drawn criticism from the American Civil Liberties Union, which argues that it targets the homeless and is unconstitutional. The city will need to enforce the law consistently wherever sidewalks are obstructed illegally — whether it’s fronting a downtown business or in the various encampments scattered around town.
The new ordinance serves the public interest the same way that parking regulations do in keeping congested roadways clear. Many people will point to examples where sidewalk tents impede the safe movement of pedestrians and make it less safe to enter and exit cars parking legally alongside encampments.
By itself, eliminating the notice period won’t make the new law effective. That will require rigorous enforcement, and not only in the initial months. Squatters move to where they can live without being challenged, so the job of the city will be to hold firm for the long term.
Further — and most important — the city must do a much better job at finding solutions for its homelessness problem, which has grown steadily worse in recent years. Figures released in April by the National Alliance to End Homelessness show that Hawaii now has the highest rate of homelessness — a count of 45.4 per 10,000 people — of any state (the District of Columbia far outdistances it, however, with a rate of 112.5 homeless per 10,000 population).
So far, the city is taking the right approach. The coming sweeps of sidewalks — what the administration of Mayor Kirk Caldwell calls a "compassionate disruption" — will be conducted by teams encompassing city parks, facilities and community services agencies. In past sweeps, a social service provider has been engaged in directing the homeless to available housing alternatives — primarily the emergency shelters.
That surely must continue now, in the hope that eliminating the escape hatch of the 24-hour notice will make the existing options more compelling. It’s especially important for shelters to make accommodations for families, given the lack of safety and stability for young children living on the streets.
City officials have pointed to the existence of federal block-grant funds to aid with efforts, including their use in placing the most vulnerable homeless populations in scattered rental units under the new Housing First program. Every effort must be made to meet the early 2014 target launch date for this program.
And although this program gives priority to those with mental illness and substance-abuse problems, city officials need to tap resources for other homeless groups as well. The City Council has shown determination to steer money toward the nonprofit sector: Those organizations that help the homeless should be placed first in line.
Finally, efforts to find alternative sites and approaches — including secured and supervised "safe zone" encampments — still should be explored. This is not an optimal solution, of course, and the goal remains enabling people to sustain themselves in permanent housing.
But the deterioration of Honolulu’s homelessness situation must prod city officials into giving the issue the priority it deserves, and a full range of options to get the problem under control.
