Thank you for supporting Honolulu Star-Advertiser. Enjoy this free story!
The Honolulu City Council is considering legislation proposing fines and imprisonment to keep supermarket shopping carts on store properties rather than out on city streets, parks, or sidewalks.
Introduced by Council member Calvin Say on August 28, Bill 49 would penalize individuals convicted of unlawfully using shopping carts on public property with a $500 fine or up to 30 days in jail.
On Wednesday, the City Council unanimously passed the measure on first reading. The proposed ordinance would make it illegal for anyone to use, place, leave, or situate a shopping cart in public places.
If approved in subsequent bill readings, the Honolulu Police Department would be responsible for enforcing the ordinance.
During the Council meeting, resident Natalie Iwasa expressed opposition to Bill 49, suggesting that it primarily targets the homeless population. She stated that not everyone who has a shopping cart on public property is causing a nuisance and shared an example where a local supermarket chain donated a shopping cart to a high school tennis team for picking up tennis balls.
Responding to these concerns, Council member Calvin Say stated that the bill is not specifically targeting the homeless but aims to improve safety in public spaces. He mentioned previous reports of businesses losing $150 to $250 per cart due to individuals walking around with multiple carts. Say also emphasized that the existing state law already prohibits the removal of shopping carts from store premises.
However, Jongwook “Wookie” Kim, legal director for ACLU Hawaii, criticized the city legislation, including Bill 49, for attempting to address homelessness through criminal penalties rather than providing housing and support services. ACLU Hawaii has filed a legal motion alleging that the city’s treatment of the homeless constitutes cruel or unusual punishment under Hawaii’s constitution.
Kim further noted that the ACLU’s lawsuit challenges enforcement actions that violate the rights of the homeless under the state’s constitution. The lawsuit also seeks to protect Oahu’s estimated 2,300 unsheltered homeless individuals. At the upcoming court hearing on October 4, both parties will present their testimonies.
Star-Advertiser staff writer Dan Nakaso contributed to this report.