The “sit-lie” measure and “urination-defecation” ban await the mayor’s pen

Bills designed to clean up Waikiki sidewalks were approved Wednesday by the Honolulu City Council.

Mayor Kirk Caldwell, who introduced the measures with much fanfare in June as part of his “compassionate disruption” plan to battle homelessness, said he will sign them both into law in the coming days.

Mixed in with opponents of the bills was a contingent of supporters including Waikiki business leaders and retailers who said homelessness is a growing concern for both visitors and Oahu residents who work in the tourism industry.

Andrew Kawano, executive vice president of Food Pantry Ltd., said homelessness is among the greatest challenges Waikiki and the visitor industry has faced in decades.

“They go through our trash cans; they pull out anything that looks edible, like uneaten fruit,” he said. “They eat it and they toss it on the ground. They panhandle and eat whatever they can get nearby the entrance … they defecate and they wipe their feces on the side of our building. They harass customers and use foul language. They walk through our store, making our customers uneasy and afraid.”

Bill 42 bans people from sitting or lying on sidewalks in Waikiki, defined as the area bordered by Ala Wai Canal and Kapahulu Avenue. There are a number of exceptions, including having a medical condition, engaging in free speech, or sitting for a parade.

The vote was 7-2, with Breene Harimoto and Kymberly Pine opposed.

Bill 43 bans people from urinating or defecating in public places, which can be on private property if open for public use or “where such an act is likely to be observed by any member of the public.” That measure was approved 9-0 after city Managing Director Ember Shinn said a 24-hour restroom next to the Waikiki police substation should be up and running by Monday.

Violating either ban would be a petty misdemeanor, punishable by up to a year in prison and a $1,000 fine.

Council members also voted 8-1 to pass Bill 46, imposing a ban on urinating and defecating in public throughout Oahu. Harimoto cast the lone no vote.

Caldwell told the Honolulu Star-Advertiser after the meeting he is still weighing the pros and cons of the bill, and pointed out that constitutional concerns have been raised about applying the urination-defecation ban islandwide.

The Council rejected, 5-4, Bill 45, which would have extended the sit-lie prohibition across Oahu. Joining Pine and Harimoto in opposition were Stanley Chang, Joey Manahan and Ron Menor. Still alive after receiving a 71 preliminary vote Wednesday is Bill 48, which would establish a sit-lie ban in five Oahu business districts, but only from 5 a.m. to 11 p.m. Harimoto voted “no,” while Pine was absent during the vote.

The testimony was passionate from both sides.

For the first time, Waikiki merchants showed up en masse to describe their daily experience dealing with both visitors to Hawaii and the homeless.

Barbara Campbell, an Outrigger Hotels and Resort executive, said Waikiki’s sidewalks are used by an estimated 30,000 people a day.

“Our sidewalks are just too narrow for the homeless to sit and lie … with their belongings and solicit our visitors,” she said. “Some have used our landscaping and common areas as toilets and the overall conditions are simply unsanitary and a hazard to our health.”

Chris Colgate, regional manager for Duke’s Waikiki and Hula’s Grill Waikiki, said that while many of the effects of the homeless presence in Waikiki are apparent, unseen is the impact on Waikiki workers with late shifts.

“Many of those employees get off of work at midnight or late evening hours,” Colgate said. “We’re really experiencing a large influx of issues and complaints coming from our employees walking home, or walking to their cars.”

But Kathryn Xian, executive director of the Pacific Alliance to Stop Slavery, said there was no way to prove that homeless are to blame for the crimes and unruly behavior that occur in Waikiki late at night. People drinking and partying at clubs are as likely to relieve themselves, Xian said.

Beatriz Cantelmo, of Amnesty International’s Hawaii chapter, said all the bills do is punish people for being homeless.

“There are more efficient, cost-effective and humane alternatives to criminalizing homelessness bills to address poverty and homelessness,” Cantelmo said. As a city, she said, Honolulu “has an obligation to fulfill the right to design, support and sustain adequate housing programs, and to prioritize the most marginalized members of our community.”

The “compassionate” part of Caldwell’s homeless plan includes a Housing First initiative that will infuse about $42 million, approved by the Council, for permanent shelter and related services to assist the island’s chronically homeless. Administration officials earlier this week announced that they intend to place a 5-acre “temporary center” on Sand Island for those waiting to go into Housing First units.

On Tuesday, however, opponents of the plan found Department of Health documents stating that the Sand Island site was part of a former landfill and potentially dangerous to the public.

Shinn said the city is looking into the findings with the help of the state Department of Health. Caldwell said late Tuesday that the city will not put its temporary facility there if it is found to be dangerous or unhealthy.

State Deputy Health Director Gary Gill said that historically, most of Sand Island was made from dredged material from Honolulu Harbor.

“There is some evidence that there is some contamination potentially from old incinerator ash along the site,” he said. “This is no different than the kind of material which is currently at the Kakaako Waterfront Park or the kind of material historically at Ala Moana Park.”

Such contamination can easily be negated and protected against, he said.

Also Wednesday, the Council voted 9-0 to approve Bill 38, which includes biodegradable plastic bags — but not compostable ones — in an upcoming ban on single-use, point-of-sale bags. The ban is slated to begin July 1.