The city prosecutor's office has decided not to pursue trespassing charges against two homeless advocates who were arrested while demonstrating at Honolulu Hale last March.

Siuea Utuloa "Utu" Langi and Julia Matsui Estrella were arrested on the grounds of City Hall March 28 following a march to protest the city's closure of Ala Moana Beach Park. The closure, which was intended to prepare for extensive renovation at the park, also meant the eviction of nearly 200 homeless people who were living there.

"Both of them feel as though the dismissals are a true victory for the homeless population in Hawai'i," said Lois Perrin, legal director for the American Civil Liberties Union of Hawai'i, which asked for a dismissal of the charges.

"The march on City Hall was one of the first times that the homeless population had gotten together in order to show solidarity in their protest against the government, and they really feel as if this will give strength to that community."

On March 27, about 100 homeless and supporters marched from the park to Honolulu Hale, where they held a peaceful protest. Early the next morning, four people, including Langi and Estrella, were arrested after they disobeyed police orders to leave the lawn of City Hall.

Last week, the ACLU filed a motion in Honolulu District Court on behalf of the two and asked a judge to throw out the trespassing charges. The ACLU argued that Langi and Estrella were unlawfully arrested while exercising their constitutional rights to assemble and protest.

On Wednesday, the prosecutor's office filed a motion to dismiss the charges, and District Judge Russel Nagata granted the motion.

"After further review, the Department of the Prosecuting Attorney declined further prosecution in this matter," said spokesman Jim Fulton. He declined further comment.

Langi and Estrella could not be reached for comment yesterday, but Perrin said the two feel vindicated.

Still pending is a federal lawsuit filed Tuesday by the ACLU that accuses the city and police department of unlawfully arresting Langi and Estrella. The lawsuit seeks an undetermined amount in damages and attorney fees.

Yesterday, the ACLU filed a second federal lawsuit on behalf of two clergymen and a religious group who allege that the city violated their constitutional rights by prohibiting them from demonstrating at City Hall. The second suit asks the federal court to order the city to stop any violations of their First Amendment rights and to award money damages and attorney fees.

The Revs. Bob Nakata and Sam Cox, along with the Interfaith Alliance of Hawai'i, accuse the city of discriminating against homeless advocates by not allowing them to gather and protest on the grounds of Honolulu Hale. The city, the lawsuit said, subjected the homeless advocates to more restrictive conditions than other members of the public.

"The fact that countless groups have protested on the grounds in the past without the same abusive treatment demonstrates that the (city) intended to muzzle the speech of homeless people and their advocates," Perrin said.

Perrin said the city did not prohibit the recent march at City Hall by the Domestic Violence Clearinghouse.

Bill Brennan, spokesman for Mayor Mufi Hannemann, declined comment yesterday.

Reach Curtis Lum at culum@honoluluadvertiser.com.