A bill that would fine Honolulu residents for possessing and abandoning shopping carts is progressing through the City Council, despite overwhelming testimony against it.
Bill 53 would prohibit the possession and use of shopping carts on Oʻahu unless they are identified by the legal owner and used on their own premises.
"The purpose of this ordinance is to regulate the possession and abandonment of shopping carts in order to reduce the threat they pose to the health, safety, and welfare of the public," the bill reads.
Many residents are worried this would criminalize and target homeless individuals who use the carts to keep their belongings.
Those in favor of the bill said it was introduced because retailers need their carts back and cannot always afford to replace them. Council Chair Tommy Waters, who introduced the measure in July, said he worries that an influx of stolen carts would create a trickle down effect, where consumers ultimately face the costs of replacing the missing carts.
Mandy Fernandes, the policy director of the American Civil Liberties Union of Hawaiʻi, stated that the city and state already have established anti-theft laws and citations in place. At the last full council meeting, she said that if these existing fines are not enough to deter theft, adding another misdemeanor charge would not be a sufficient deterrent.
"These are state resources that we're expending, taxpayer dollars that we're expending that could go to more effective solutions to address the issue at hand," Fernandes said. "This measure is cruel, it's unnecessary, it's ineffective, it's expensive and it criminalizes harmless conduct."
Councilmember Matt Weyer initially introduced an amendment to the measure that would downgrade the classification from a petty misdemeanor to a noncriminal violation, which would be enforced through a fine. He later withdrew the amendment after hearing public testimony and feedback from fellow councilmembers — both for and against the overarching measure.
Supporters of the bill said Weyer's amendment would not create enough of a deterrent for those who take carts from private property.
"If it's a violation, we would issue a citation at that point. If it's a petty misdemeanor, we actually have the discretion to issue a citation, but we also have the ability to make an arrest at that point," said Honolulu Police Department Major Paul Okamoto. "I think that's important, and these people understand that they have to make these calculations in their own mind of 'Is it worth it to take a cart if I'm going to possibly get arrested?'"
But some against the bill said the entire measure should be scrapped, and that noncriminal violations still put financial strain on those who do not have the means to pay.
Bill 53 passed through the full council unamended on Nov. 5. It will be heard in the city's Public Safety and Economy Committee next before going back to the full council on Dec. 2 for its final reading.
