ACLU says homeless activists wrongly charged
By Ken Kobayashi
Advertiser Courts Writer
The American Civil Liberties Union of Hawai'i is asking for the dismissal of trespass charges against two advocates for the homeless arrested at Honolulu Hale after a peaceful march protesting the nightly closure of Ala Moana Beach Park.
The ACLU said Julia Matsui Estrella and Utu Langi were unlawfully arrested March 28 while they were exercising their constitutional rights to assemble and protest. The organization said it urged the city Prosecutor's Office to drop the charges.
City Deputy Prosecutor Renee Sonobe Hong yesterday said in a written statement that the office continues to research the case law and legislative history. She said the office had a discussion with the ACLU on Tuesday and told the group that prosecutors would inform the organization of their decision.
The protest march followed an announcement by city officials that people living in the beach park would be evicted between 10 p.m. and 4 a.m. daily for a month to prepare for park renovations April 25-27. An estimated 200 homeless people were living in the park.
On the night of March 27, about 100 homeless people and supporters marched in protest from the park to City Hall.
Shortly after midnight, about 30 people were told to leave the lawn of city hall. They went to the sidewalk, but Estrella and Langi later returned onto the grounds and refused to leave. Police arrested the two.
In June, city officials made the park's nighttime closure permanent.
In their dismissal request, the ACLU said the prosecution cannot prove the two were unlawfully present on Honolulu Hale grounds because they were lawfully engaged in a protest protected by state and federal constitutions. Also, the trespass statute applies only to private commercial property and doesn't apply to the defendants, who were on public property, the ACLU said.
The trial is scheduled for Aug. 29, but the dismissal request is scheduled to be heard Aug. 22 in Honolulu District Court.
A hearing on the dismissal request is scheduled for Aug. 22 at Honolulu District Court.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.
