City officials do not appear to have any immediate plans to try to remove Occupy Honolulu members from Thomas Square, where they have put up an encampment in the last month despite a rash of evictions and arrests in mainland cities from New York to Los Angeles.
"The city welcomes and encourages the peaceful exercise of First Amendment rights so long as the individual or group does not violate the law or endanger public health or safety," city spokeswoman Louise Kim McCoy said in a statement Friday.
Occupy Honolulu members say they don’t intend to leave the camp any time soon, although they appear wary of the city’s intentions.
"At this point, we have gotten the sense that they’re waiting to find some reason that we can’t be there," said Megan Brooker, an Occupy Honolulu spokeswoman.
Mayor Peter Carlisle has agreed to meet with several members of the group who want to ask permission to stay within park grounds after hours.
A date and time have yet to be reached, however, said both McCoy and Brooker.
Brooker said the group thought a meeting was necessary given the evictions and arrests that have taken place on the mainland in recent weeks.
"I think with a lot of the cities being shut down … all of the Occupies are in a precarious position," she said.
Carlisle’s agreement to meet comes after city Parks Director Gary Cabato turned down Occupy Honolulu’s request to allow the group to camp in the park overnight.
Cabato said such a decision is not in his purview.
"They asked for a camping permit and it was denied because that’s not an authorized place to camp," he said. Occupy Honolulu now wants a variance, or an exception, from the rule, which Cabato said he also cannot grant.
"Then I’d have do that for the homeless," he said. "I am consistent in applying park rules."
An estimated 20 to 30 people are staying overnight in tents pitched in front of the mauka-Ewa entrance to the park at Ward Avenue and Beretania Street. A common tent serves as a makeshift kitchen, dining room and meeting place. Up to about 100 people have gathered at the site during the day.
Cabato said Occupy Honolulu members must follow the same rules as other park-goers. They are free to be in the park when it is open. After 10 p.m., when the park closes, they must leave as well, Cabato said.
It seems clear-cut, but it’s not.
On Nov. 5, the first night Occupy Honolulu members stayed over, eight people were arrested when they refused to leave the park after it closed, police said.
Lucas Miller, one of those arrested, said he and others were on the grass on the street side of the park wall on Beretania when they were handcuffed and taken to police headquarters two blocks away.
Since then, occupiers have stayed off the grass outside the park after 10 p.m.
Cabato, however, said there continue to be encroachments.
"On the Beretania and Ward side where they’re at, it’s all cemented," the director said. "Most of it is concreted over from the sidewalk to the retaining wall."
As the city interprets the law, "any property from the end of the sidewalk to the stone wall is parks property," Cabato said. "If they’re in that area, that’s encroachment."
The city has not issued citations on that point, at least not yet.
"We’re evaluating the situation and finding out what’s the best option at this point," Cabato said.
Occupy Honolulu representatives disagree.
"As of right now, we’ve moved to the sidewalk on Ward and Beretania," Brooker said. "Legally, we have a right to be there."
Told Cabato’s interpretation of the situation, Brooker said, "If they have some park boundaries they want to show us, we welcome that."
The occupiers are closely monitoring a bill moving through the City Council that would bar people from storing furniture, clothing, household items and other "personal property" on sidewalks, in parks, on streets and other "public property" that is owned, managed or maintained by the city.
"If they pass this, we expect they will use this against us," said Brooker.
Occupy Honolulu members already came out in droves to testify against Bill 54 at City Hall. Brooker said Occupy Honolulu supporters are being asked to show up at Honolulu Hale again Wednesday when the bill comes up for a final vote.
McCoy said there are no plans by the Carlisle administration to use the bill against Occupy Honolulu’s encampment, noting that Council members introduced the bill in September before the Thomas Square encampment began. While the administration has testified in support of the bill, "Mayor Carlisle must review what the Council eventually passes before deciding whether to sign it," she said. "The application of Bill 54 is broader than the protests at Thomas Square."
As with Occupy movements in other parts of the U.S., Occupy Honolulu has been attempting other ways of getting out its message that government and corporate interests have conspired to shape a world economy that benefits the richest and most powerful "1 percent" in the country to the detriment of the remaining 99 percent of the population, the environment and future generations.
On Friday, several Occupy Honolulu members gathered at Bishop and South King streets to protest the policies of banks on the first of what is being called "Financial Fridays."
On Saturday, about a half-dozen protesters held an "Occupy The Bus" action, discussing their concerns with riders on TheBus and at bus stops.
Saturday night, about 25 Occupy Honolulu supporters hit South King Street just as police closed it off for the city’s Electric Light Parade that signals the opening of the Honolulu City Lights festival at Honolulu Hale.
The protesters chanted as they marched in front of City Hall while Carlisle was speaking. Police allowed the action to move through before the official parade began.
Police spokeswoman Michelle Yu said there have been no other arrests involving Occupy Honolulu members since Nov. 5.
On Nov. 17, one person was cited for being in the park after closing and for having a tent in the park, Yu said. On Nov. 22, another person was cited for being in the park after closing, she said.
In each case, "officers explained the park rules and gave multiple warnings before taking action," Yu said. "Most individuals have been cooperative and peaceful. HPD has received a handful of complaints from the community, some supporting the protesters and others wanting the protesters removed."
Said McCoy: "The ACLU of Hawaii’s own guidelines instruct protesters to ‘always be respectful of others using the sidewalk’ and to not interfere with traffic. If anyone witnesses a violation of the law, please call 911. In the meantime, the city is exploring all legal options to protect the health and safety of its citizens."