HONOLULU — Circuit Court Judge John Tonaki denied Wednesday a motion by the American Civil Liberties Union seeking to bar the City and County of Honolulu from continuing its use of so-called homeless sweeps.

“We are extremely pleased with the court’s decision to deny the preliminary injunction and uphold our public welfare laws,” said Mayor Rick Blangiardi in a statement released on Wednesday. “These measures are essential to maintaining the safety and security of our community, and we remain steadfast in our dedication to protecting the welfare of all our residents.”

What You Need To Know

  • The ACLU filed suit against the City and County in July 2023 alleging in the absence of sufficient shelter space for Honolulu’s homeless community, the city’s enforcement of sit-lie, sidewalk nuisance, park closure hours and stored property on public property laws were a violation of civil rights

  • In August, the ACLU filed for a preliminary injunction to keep the city from enforcing such laws while the case was pending

  • According to the mayor’s office, Wednesday’s decision affirmed the city’s authority to enforce its laws

The ACLU filed suit against the City and County in July 2023 alleging in the absence of sufficient shelter space for Honolulu’s homeless community, the city’s enforcement of sit-lie, sidewalk nuisance, park closure hours and stored property on public property laws were a violation of civil rights because they unjustly criminalized “innocent acts of survival that homeless people have no choice but to perform in public places.”

In August, the ACLU filed for a preliminary injunction to keep the city from enforcing such laws while the case was pending.

In an earlier statement, the ACLU said the injunction would not keep the city from protecting the right of the public to use public spaces safety.

“We are simply holding them accountable for finding realistic alternatives that protect the rights of all residents and don’t criminalize basic human acts of survival,” the organization stated.

According to the mayor’s office, Wednesday’s decision affirmed the city’s authority to enforce its laws.

“I have said repeatedly that being homeless is not a crime,” Blangiardi said. “We must treat everyone with respect and empathy. This administration is committed to exploring alternative solutions, such as increasing affordable housing and expanding support services. This decision strikes the perfect balance between our efforts to resolve our homeless issues and the rights of our residents to safe and equal access to public spaces free of obstructions and personal effects.”

Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.