Kokua Line
Kokua Line
Laws prohibit
disorderly panhandlingQuestion: I regularly catch the bus at the stop on Beretania Street across from the Verizon building. A young man frequently approaches bus riders and shamelessly asks every person he sees for money. He says it's "to catch the bus." As soon as someone gives him money, he leaves. My guess is he does this several times a day, preying on people's kindness. Once he actually told me he wanted money to buy drugs, but usually he says it's for bus fare or to make a phone call. What is the law on panhandling, and what can be done to turn this guy in to the authorities?
Answer: There is no city ordinance against panhandling in Honolulu, but there is a state law on disorderly conduct that addresses the issue, said Honolulu police Sgt. Letha DeCaires, coordinator of the Honolulu CrimeStoppers Program.
Under Hawaii Revised Statutes 711-1101, a person can be charged with disorderly conduct "if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person ... impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public."
The offense is considered a violation unless the "intention was to cause substantial harm or serious inconvenience, annoyance, or alarm," in which case it would be a petty misdemeanor.
The problem in prosecuting panhandlers is that someone has to be willing to file a complaint and follow through on it, DeCaires said. That means identifying the suspect and giving a sworn statement that you were "alarmed" or "inconvenienced," she said. In that case, "the officer has the ability to cite for the violation of disorderly conduct or (make an) arrest," DeCaires said.
Many times, officers respond to an anonymous complaint with only a description of an individual. "Without a complainant, the officer is limited in corrective responses," DeCaires said.
Police understand that it is not easy or convenient to fill out a complaint and follow through with the court process, she said. Because of that, however, "panhandlers are able to persist day after day."
The Big Island adopted an ordinance against "aggressive" panhandling in 1998. The ACLU objected, saying asking someone for money in a public place was protected under the First Amendment right to free speech and that the ordinance targeted the poor and disenfranchised. It also said the ordinance was unnecessary because there already are laws prohibiting abusive or harassing conduct.
Since the ordinance was passed, only a couple of homeless people have been cited, said Hawaii County police Sgt. James Sanborn. Police get complaints "every so often," but by the time they are able to respond, the panhandlers have vanished.
Auwe
To drivers using cellular phones. If you must do so, use it with your right hand so you can use your turn signals, too. If you're inept that you cannot steer with your left hand, then you should not use your cellular phone while driving. Have some courtesy! -- No name
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