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The Honolulu Advertiser
Posted on: Thursday, September 17, 2009

Homeless need help, not late-night rousting

People shouldn't sleep on public sidewalks. That's a given.

But in too many places on O'ahu, they do. And what makes the problem more intractable is that most of these sidewalk sleepers are the homeless.

City Council Bill 69, introduced yesterday, takes the simple approach. It makes it illegal to sleep, sit or lie down on public sidewalks. Violators will get a warning, and failing that, up to a $50 fine.

While it's not stated in the bill, clearly the legislation is aimed at homeless people, especially those in Waikiki who are rousted from Kapi'olani Park at night and end up on the nearest alternative — Kalakaua Avenue sidewalks fronting luxury hotels.

The bill's sponsor, Councilman Charles Djou, represents Waikiki and was responding to concerns expressed by area residents and business owners.

Their concern is understandable. They worry that people sleeping on sidewalks in Hawai'i's showcase tourist destination can create an unsanitary and unappealing environment.

But Bill 69 is a blunt instrument. It would simply drive some of the weakest and most vulnerable in our society to other locations — it won't solve the problem. And while some may be able to get to a shelter, others who can't, or won't, could be pushed to more hidden areas, farther from basic services and more vulnerable to crime and other social dangers.

It's also not clear that the bill can pass constitutional muster; the American Civil Liberties Union, citing numerous rulings in other cities, has challenged the measure.

Surely we can do better.

Social service providers who work with those living on the streets note that the homeless population is not homogenous. Some are on the streets by choice and they should certainly be pushed to find appropriate shelter; but many others are mentally ill or unable to function normally. Simply moving them down the road won't get them off the street.

The problem should be approached with more compassion, to guide individuals to a solution that not only gets them off the streets, but keeps them off — safely and securely.