ACLU seeks dismissal of homeless protesters' charges
A civil rights group wants charges dropped against two advocates for the homeless who were arrested while protesting the nighttime closure of Ala Moana Beach Park in March.
The American Civil Liberties Union of Hawaii contends the arrest and prosecution of Julia Matsui Estrella and Utu Langi violates their constitutional right to assemble and protest.
"These defendants have the right to be free from baseless charges, and we are confident that the court will agree with that," ACLU attorney Lois Perrin said yesterday.
Trial for Estrella, of the group Island Tenants on the Rise, and Langi, of the H-5 homeless advocacy group, is to begin Aug. 29.
In a statement, the Honolulu Prosecutor's Office said it is continuing to research case law and the legislative history with respect to the charges and the ACLU's challenge.
Estrella and Langi were among about 100 people who marched to City Hall on March 27 to demonstrate after police began enforcing a nighttime closure of the park for around-the-clock maintenance and cleanup.
Protesters had gathered for about two hours before authorities began clearing the area shortly before midnight. Authorities had said the advocates could demonstrate and protest on sidewalks but could not sleep or set up tents on the grounds of Honolulu Hale.
Most protesters cleared out or moved behind sidewalks, but Estrella and Langi refused to leave after being warned. They were then arrested and charged with criminal trespassing.
The ACLU also argues that the protesters cannot be charged with criminal trespassing because the statute that was cited in their arrest applies only to commercial property, not public property, such as Honolulu Hale.
"By kicking these advocates for the homeless to the curb, the government censored and chilled their speech in violation of the First Amendment," Perrin said.
The park's nighttime closure was scheduled to last until late April, but Mayor Mufi Hannemann announced in June that it would remain permanent. Since the closure, churches and other nonprofit groups have opened more shelter space, while government officials -- including Hannemann and Gov. Linda Lingle -- have pledged cooperation in pursuing long-term solutions.