Last week, the American Civil Liberties Union of Hawaiʻi sent a letter to Hawaiʻi County Mayor Mitch Roth in response to the parks department clearing a homeless encampment at Kona's Hale Hālāwai park.
The county cited unsafe and unhealthy conditions within and around the park's facility, prompting the sweep on May 24.
Days later, ACLU demanded the county stop any planned actions, saying federal decisions on homeless sweeps were unconstitutional.
The U.S. Ninth Circuit Court of Appeals in 2019 concluded municipality enforcement of an ordinance "violates the Eight Amendment [to the U.S. Constitution] in so far as it imposes criminal sanctions against homeless individuals for sleeping outdoors, on public property, when no alternative shelter is available to them."
In the letter, ACLU Hawaiʻi legal director Wookie Kim noted Hawaiʻi County didn't have sufficient shelter space to house the affected individuals, making its actions unconstitutional. Kim also alleged the county "treated houseless people's property as opala (trash), and unreasonably seized and destroyed personal property."
The Roth administration responded to the ACLU's letter Tuesday afternoon, denouncing the group's use of the term "sweep" and noted the county's parks rules and safety concerns.
"Our administration is not conducting forced homeless sweeps," Roth said in the statement.
"We are compassionately enforcing park rules with the assistance of numerous human service organizations, who are there to provide vital resources to those affected by the enforcement efforts," he said.
"Ensuring the safety of our parks for everyone, including our children, elders, local families and employees, is our priority. We have a responsibility to address unsafe conditions within the extent permissible by law."
The Roth administration also clarified the county provided outreach to individuals at the park encampment two weeks before its enforcement operation.
In a release, the administration said it notified 23 individuals at Hale Hālāwai, and offered storage solution options and support services.
According to the county, none of the individuals chose to store their possessions, and no one was cited or arrested during the May 24 enforcement.
ACLU Hawaiʻi has not publically responded to Roth's statement.
