ACLU Hawaii and the civil rights firm Goldstein Borgen Dardarian & Ho filed a lawsuit on July 26 challenging sweeps and other enforcement actions that disrupt and disenfranchise unsheltered residents of Oahu. This is the second lawsuit filed by ACLU Hawaii contesting these sweeps.

The first, Martin v. City and County of Honolulu, filed in November 2015 by ACLU Hawaii and the law firm Alston Hunt Floyd & Ing, alleged that the city violated the U.S. Constitution when it destroyed personal property belonging to houseless individuals during sweeps to enforce the stored property ordinance and the sidewalk nuisance ordinance.

Last month’s second lawsuit, Mahelona v. City and County of Honolulu, challenges sweeps and other enforcement actions that disrupt and disenfranchise unsheltered residents of Oahu. Plaintiffs assert that the city is violating various constitutional rights, including the right to be free from cruel or unusual punishment, and the rights of free movement and due process. The plaintiffs seek class certification in this case, which would potentially bring relief for other involuntarily houseless individuals on Oahu.

While Martin focused on the destruction of personal property during sweeps, Mahelona challenges a broader range of enforcement actions and asserts violations of additional constitutional rights. It also notes that there is an insufficiency of sheltered space for those living on the streets.

Similar lawsuits have been filed in other parts of the country.

In Portland, Ore., a class- action lawsuit was filed against the city over the way it conducted homeless sweeps, alleging that city contractors were illegally discarding the personal belongings of people living outdoors while dispersing homeless encampments. The city settled with the group and implemented a new set of rules dictating why, when and how campsites will be removed.

Another case challenged enforcement of Boise, Idaho’s camping and disorderly conduct ordinances, which allowed people experiencing homelessness to be ticketed or otherwise criminally punished for sleeping in public spaces. The 9th Circuit Court ruled that criminalizing people experiencing homelessness for sleeping in public constitutes “cruel and unusual punishment” and violates their Eighth Amendment rights. The U.S. Supreme Court rejected a petition to review the case.

These and other lawsuits have resulted in settlements or changes to city policies regarding homeless sweeps.

Why does Honolulu continue these sweeps, which do not result in clearing the sidewalks? Those affected merely relocate, often just a block or two away from the original location. It is not unreasonable to describe these sweeps as both cruel and ineffective.

A lawsuit seemingly distances and relieves us of considering our own responsibility and the responsibility of those we elect to represent us in government. For example, a large-scale city operation in 2014 in Kakaako resulted in the destruction of tents and personal possessions, including medicines, money and ID of about 100 persons. How could someone take those things — or a kid’s school stuff — and throw them into the compactor at the back of a garbage truck, to be destroyed? Since the raid was conducted during the daytime, some people were off at work or at school.

Where is the so-called “aloha spirit,” or for that matter, any trace of humanity? And what of you and I, who have not objected to the cruelty demonstrated by this punitive approach to what is a larger — in fact, national — societal problem?

There must be a better way. And we should not wait for lawsuits to find it, because they won’t.

Larry Geller is president emeritus of the Kokua Council, writing in his individual capacity.