The American Civil Liberties Union of Hawaiʻi is challenging the City and County of Honolulu's sweeps of homeless encampments.
This lawsuit targets the city’s sit-lie ban, park closure hours and sidewalk nuisance laws. It requests the court stop these actions, "unless and until there is adequate shelter."
"Our hope is that the court will vindicate the rights of our houseless clients, other houseless people and ultimately order the city to stop its unconstitutional practice of sweeping, citing and arresting houseless people, at least while the supply of available shelter remains woefully inadequate," ACLU of Hawaiʻi Legal Director Wookie Kim said Wednesday during a press conference.
This First Circuit Court filing comes after discussions with the city broke down.
"The parties participated in periodic conference calls in which they discussed issues related to houselessness in Honolulu," the filing said. "Although the city was initially willing to share information, it ultimately refused to change its unconstitutional policies and practices..."
On Wednesday, a spokesperson with the City and County said they are aware a lawsuit had been filed, but could not comment as Corporation Counsel reviews the allegations.
Kim said this lawsuit is in line with one in Washington which found Seattle sweeps unconstitutional. He said that courts have "resoundingly concluded" that criminalizing "involuntary basic life-sustaining acts" including sitting, lying or sleeping when there is inadequate shelter space, as cruel or unusual punishment.
"Essentially, if people have no meaningful place to exist, without being subjected to being thrown into jail, that itself is punishment," Kim said.
The lawsuit names five individuals without homes, and the class action complaint will seek to represent more than 2,000 others who are unsheltered on Oʻahu.
One of the named plaintiffs is Jared "Spider" Castro, who has been cited more than 200 times for violations like "failing to comply with a park sign, sleeping on the sidewalk, and storing property in public spaces," according to the ACLU.
When sweeps occur, Castro said the city either destroys property or makes it difficult to get back. He’s lost two mopeds and a car over the past year.
"We will either pay a couple hundred dollars to get a truck to go get it, or we let it go," Castro said. "Most of the time, we have to let it go."
