The American Civil Liberties Union (ACLU) of Hawaii is pushing for a more immediate response to its July civil lawsuit seeking to bar Honolulu from homeless sweeps, and from enforcing sidewalk “sit lie” bans, park closures and other laws that prevent homeless people from living in public areas. If a judge accepts the motion for a preliminary injunction, scheduled for a hearing Oct. 4, it could force an immediate pause to the city’s practices.

ACLU’s suit argues that the sweeps constitute cruel and unusual punishment, and are unconstitutional. While the city does currently offer shelter to those displaced, it doesn’t have availability for estimated 2,300 people, along with any pets and belongings, living on the streets.