The introduction of two new bills at the Honolulu City Council — both taking aim at the sad state of Oahu’s sidewalks being used to store personal items — is a sign of elected officials’ frustration that previous, more temperate efforts to keep public passageways clear have failed.
It’s also a sign that finding a right mix of solutions to help Oahu’s homeless population has been perplexing.
One longer-term option that the Council needs to seriously consider is providing limited "safe zone" camping space as a sheltering option for some of those now on the streets.
In the meantime, the measures, Bills 6 and 7, which will get their first hearing today, deserve consideration. Prompted by the growing visibility of squatters on public sidewalks, renewed efforts must be made on legislation to reclaim these areas for all.
As currently written, the bills seem certain to draw a legal challenge from the American Civil Liberties Union of Hawaii, but the organization has indicated willingness to meet with city attorneys to find a middle ground.
There must be a way for the city to keep sidewalks clear without running afoul of the Constitution. Otherwise the persistent problem of camping on common areas around town will continue to damage impressions of the city taken away by Waikiki tourists.
The clutter and obstruction of walkways is trying the patience of many isle residents, as well.
The last foray into sidewalk regulation happened less than two years ago when newly seated U.S. Rep. Tulsi Gabbard, then a Council member, sponsored Bill 54, a ban on storing personal property on sidewalks.
However, in an attempt to shield the ordinance from challenge, the property is required to be tagged with a 24-hour notice of confiscation, the "sweep" coming the next day. Property could later be reclaimed from a city storage facility.
Some of those cited — the owners of tents pitched on sidewalks fronting Thomas Square, in the most visible example — have found a way to defeat the ban, though.
The owners of the property, largely supporters of the deOccupy Hono-lulu protest movement, simply substitute different tents for the ones that are tagged during the 24-hour warning period —making a mockery of the city’s good intentions in balancing public-space interests with humane-treatment and free-speech principles.
Honolulu cannot accept the proliferation of tents and personal belongings on public streets as the status quo. Our city deserves better; we deserve better.
To that end, vigorous discussion on the proposed bills must yield improvement:
» Bill 6 seems a more focused crackdown on tents raised on sidewalks or malls, although that term is defined very broadly, and even affixing tent poles or other supporting structures in the passageway would be barred.
» Bill 7 takes a wider aim, banning any "sidewalk nuisance," defined as "any object or collection of objects constructed, erected, installed, maintained, kept or operated on or over any sidewalk, including but not limited to stalls, stands, tents, furniture and containers, and any of their contents or attachments."
Unlike the current law that gives 24-hour notice of item removal, Bill 7 would allow immediate removal, with written notice of the removal to be posted for three consecutive days after the action. Items would be stored for 30 days, during which time the owner could retrieve them for a $200 handling fee, which could be contested.
Rules governing common spaces have to apply equally to all, and people have a right to their property without worry about an unexpected sweep. But if personal possessions are willfully left on a public sidewalk — day after day, month after month — and become a public nuisance or hazard, it should be wholly expected that officials have a responsibility to clear them.
Reasonable regulation of common areas for the common good does not seem like an insurmountable task.
It’s time for our elected leaders to work toward a balanced solution that will keep sidewalks clear and open to all.
