Djou on Politics

Many of you may have noticed an increase in illegal camping around Oahu's parks recently. This is the direct result of a Hawaii State Supreme Court ruling last year that the City Council finally fixed last month.

In 2006, a pair of homeless activists erected tents in front of Honolulu Hale to protest the City's decision to clear Ala Moana Beach Park. These activists were cited for camping without a permit. The ACLU took up this case and sued the City.

Although the lower court affirmed the City's decision to issue a fine, the Hawaii Supreme Court held that the City's camping ordinance was unconstitutionally "vague." That is, the Supreme Court found the City's anti-camping law could not legally distinguish between those who were in fact camping illegally in a City park and individuals who were using camping as a means of expressing their First Amendment constitutional right to protest against the government. Thus, the City's entire camping law was thrown out.

Because of this Hawaii Supreme Court decision, the City government has been frozen for the past year and unable to enforce its camping ordinance. Until now, anyone could camp in any City park without a permit, and there was nothing the City government could do about it. Our camping ordinance was void.

You can naturally imagine what has happened over the past several months since the Hawaii Supreme Court's ruling. Illegal camping activity dramatically increased all around the island. Kapiolani Park in particular, in the heart of Waikiki, has seen a pronounced increase in homeless encampments.

Last month, the Honolulu City Council unanimously passed a new camping ordinance to specifically address the concerns raised by the Hawaii Supreme Court. The City now has a new camping law that hopefully clarifies what illegal camping activity means without running afoul of the constitution. This legislation was specifically crafted with the assistance of constitutional law experts from the University of Hawaii's law school.

Certainly, the City can and is making positive efforts to reach out to those camping because they lack homes. Every reasonable effort should be made to assist the homeless in finding shelters and appropriate social services. But this does not mean the City should tolerate illegal activities in its parks indefinitely. Illegal camping at a City park is, by definition, illegal and the law can now finally be enforced again.

There is no one magic solution that will fix the problem of homelessness in Hawaii. But that should not forestall the City from enforcing its park rules. The City's ordinances are designed to make sure our parks are available for everyone to enjoy.

Councilmember Charles K. Djou currently represents the 4th Council District (Waikiki to Hawaii Kai). Outside of the City Council, Charles serves as a captain in the U.S. Army Reserve, and is an adjunct professor of law at Hawaii Pacific University.