Bill would ban
public urinationViolators would be fined
for such acts, which legislators
say threaten public health
Rep. Ken Hiraki said he introduced legislation to make it a crime to urinate or defecate in public because "this measure is the Downtown Neighborhood Board's No. 1 and No. 2 issue."
During the debate on House Bill 1828 yesterday, Rep. Dennis Arakaki quipped, "And I really got to go, so I'll make it real quick."
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The House voted 33-16, with two representatives not present for the vote, to send the bill to the Senate for consideration. The measure makes urinating and defecating in public punishable by a fine of up to $200 and up to eight hours of community service.
While lawmakers found humor in the proposal, it is a serious matter to downtown Honolulu residents and businesses.
Hiraki (D, Kakaako-Iwilei) said it is a threat to public health.
"Businesses in the downtown area, they are complaining of this safety or public health problem," said Rep. Alex Sonson (D, Pearl City-Waipahu).
Karl Rhoads walks to and from his downtown residence to work every day. He said he sees people "on average, once a day doing this."
Rep. Cynthia Thielen (R, Kaneohe-Kailua) said the proposal unfairly targets people who are homeless or mentally unstable.
"What we are doing is cruel, absolutely cruel to the very people that we should be helping the most," she said.
But Sonson said the proposed law would not apply to people who are mentally ill because it is a crime only if someone intentionally or knowingly defecates or urinates where it is likely to be seen by any member of the public.
The law also would not apply to a person who has a medical condition verified by a licensed physician or if there is no available bathroom or toilet.
"This bill is aimed at those individuals who knowingly and intentionally relieve themselves despite the fact that there's a bathroom 20 feet away," he said.
Arakaki (D, Alewa Heights-Fort Shafter), who opposed the measure, said because many public bathrooms are closed late in the day, homeless people have nowhere else to go.
Rhoads said people waiting at bus stops are the biggest offenders.
"I also see people who are not homeless shi-shiing behind the bus stop on Beretania in front of Honolulu Park Place," he said.
