This new law makes it illegal to sleep on sidewalks, benches, bus stops, etc on Oahu, 24 hours a day, seven days a week. The city council just voted 8-1 to approve it.
First, I have to say “but for the grace of God, there go I.” I feel sorry for anyone who is sleeping on sidewalks whether it is the result, in whole or in part, of their own decisions or circumstances outside their control. Usually I’m sure it is some combination. In any case, it could be me, and who knows – someday it might be.
If it ever is me, I hope society will help me. I don’t want society to help me continue to live a dangerous and humiliating existence, I want to be helped towards something better and helped away from being a burden on society, my family, and myself.
I’m in favor of the bill because it is compassionate. First, it is compassionate towards society because it will make the sidewalks and other public facilities we all share the cost of more pleasant to use.
Second, it is compassionate towards the “homeless” who will make up the majority of those inconvenienced by the law. I see it as cruel when society allows people to exist like that. We are doing them no favors by permitting them to crash anywhere they like, living an uncomfortable life in the way of everyone else, and we certainly aren’t doing those of us who’s taxes pay for those sidewalks and would like to use them any favors.
Councilman Charles Djou said he introduced the bill at the request of Waikiki Neighborhood Board members who complained that homeless people who are barred from sleeping at Kapi’olani Park and other city facilities at night are migrating to the fronts of hotels and other businesses during early morning hours.
“City parks and city sidewalks are meant for the benefit of everyone,” Djou said. “No one individual or group of individuals should have the right to occupy a city park or city sidewalk and treat it like their private property.”
The bill’s sidewalk provisions include benches and bus stop seating.
Patty Teruya, chairwoman of the Nanakuli/Ma’ili Neighborhood Board, said it’s throughout O’ahu, and not just Waikiki, that residents have to stand to wait for buses because there are people sleeping on benches and in bus shelters meant for passengers.
Homeless shelters that have been set up throughout the island are not being used, Teruya said.
I don’t get the ACLU objections to this. Have they ever tried to get a permit to go camping on an actual public campground on Oahu? Sure, its possible, but it costs money and camping on a campground is illegal unless you jump through the hoops. I can’t even take my dog.
So, it is illegal to camp on a campground that I’m already paying for through my taxes, but the ACLU thinks it is violating rights to make it illegal to camp on a sidewalk or bus stop?
But Daniel Gluck, senior attorney for the American Civil Liberties Union of Hawai’i, questioned the constitutionality of the bill. Djou had previously cited a similar law in Seattle that was upheld by the 9th U.S. Circuit Court of Appeals. Gluck, however, said that bill restricted sleeping only in certain parts of Seattle and only during certain hours.
“This ban would apply to every single sidewalk in the entire county 24 hours a day, seven days a week,” Gluck said.
“You can’t legislate the homeless out of existence,” he said. “You have bans at Kapi’olani Park and the beaches. This is just one more attack on the homeless. This is not a productive use of the council’s time.”
No one is trying to legislate the homeless out of existence. If anything, they are trying to legislate them into a more healthy and dignified existence. What is wrong with that? They are also legislating them into an existence that doesn’t infringe on other people’s ability to use public sidewalks, bus stops, and parks comfortably.
I want to hear what you think. Leave me a comment and tell me what you think.
