The American Civil Liberties Union of Hawaii has taken legal action against the homeless sweeps in Honolulu by filing a motion for a preliminary injunction. The ACLU argues that the city’s enforcement actions targeting “houseless” individuals constitute cruel and unusual punishment under Hawaii’s constitution. The motion seeks immediate relief from the irreparable harm caused by these sweeps.
This motion is an addition to a lawsuit previously filed by the ACLU in July, which challenges the city’s enforcement actions that violate the rights of the homeless population. The initial lawsuit, filed by the ACLU and the civil rights law firm of Goldstein, Borgen, Dardarian & Ho, aims to protect over 2,300 unsheltered homeless individuals in Oahu.
Jongwook “Wookie” Kim, legal director for ACLU Hawaii, explains that the motion for an injunction is part of the ongoing lawsuit. The city has yet to respond formally to the complaint, but a response is expected in the coming weeks.
In response to the ACLU’s filing, Scott Humber, the mayor’s communications director, stated that the city is currently evaluating the case.
The ACLU’s lawsuit, filed on July 26, argues that the enforcement of “anti-houseless” laws criminalizes necessary acts of survival performed by homeless individuals in public spaces. The lawsuit does not seek any monetary award but aims to bring an end to these enforcement actions.
The motion filed on Friday specifically asserts that the city’s use of sweeps constitutes cruel and unusual punishment. The ACLU requests that the court order the city to immediately cease targeted enforcement actions, including sweeps, citations, and arrests, while the case is being litigated.
The motion is supported by written testimony from the five named plaintiffs in the lawsuit and statements from other homeless individuals and service providers, highlighting the irreparable harm caused by sweeps and other enforcement actions.
Lead plaintiff Gina Mahelona shares her experience of being targeted by the city’s sweeps, citations, and arrests. She describes the constant stress and feeling of being targeted because of her houseless status. Mahelona became homeless eight years ago after losing her place in subsidized housing while caring for her late mother. She currently lives with her boyfriend and three dogs under a bridge in Kaimuki, facing numerous challenges without access to basic necessities.
Jongwook Kim emphasizes that the ACLU’s lawsuit is a result of failed attempts to find better solutions to address homelessness through discussions with the city. The lawsuit gained further momentum after a Star-Advertiser report revealed the city’s drastic increase in its workforce to clear homeless encampments, exacerbating the issues faced by the unsheltered population.
In conclusion, the ACLU’s motion for a preliminary injunction seeks to protect the rights of the homeless in Honolulu and put an end to the targeted enforcement actions that it argues constitute cruel and unusual punishment.
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