Senate might lift
squatters statute

Few are opposing the repealing
of a law that had wide support
a year ago

State lawmakers are proceeding with plans to repeal a law they overwhelmingly approved last year that allows authorities to ban people from public property for up to a year after a written warning or request to leave the premises has been issued.

The Senate Judiciary Committee passed a measure yesterday that would repeal Act 50.

"I think it's very clear as to how the people feel," said committee Chairwoman Colleen Hanabusa (D, Nanakuli-Makua). "I don't think we had one testimony in opposition to at least the repeal of Act 50."

The law was aimed at removing squatters from public parks and beaches, but critics call it unconstitutional, saying it is too vague and can be applied to virtually any situation where an official wants to ban somebody from the property.

The American Civil Liberties Union of Hawaii is challenging Act 50 in federal court but says its lawsuit would be dropped if the law is repealed. The ACLU says the law has been used to ban dozens of people from state libraries, the University of Hawaii campuses at Manoa and Hilo, public housing complexes and airports.

Attorney General Mark Bennett said that while he feels the law is constitutional and that the state would prevail in court, he recognizes that a repeal would "definitively eliminate" the ACLU's lawsuit. He said it is up to lawmakers to decide whether Act 50 should be amended or struck down altogether.

Testimony this week in the Judiciary and Hawaiian Affairs Committee was overwhelmingly in favor of a repeal, which would require the approval of the House and Gov. Linda Lingle.

The House approved a measure to repeal Act 50 on the condition that a new petty misdemeanor offense be created to specifically address squatting at public parks and recreational grounds.

Hanabusa said it would be better to repeal Act 50 altogether and address homelessness and squatting on public property in a separate bill.

Senate President Robert Bunda, who introduced the bill that became Act 50, said his constituents in the Kaena-Wahiawa-Pupukea district support the law because it addresses the problem of "people who are in perfect condition to work but don't, and they choose not to live in homes, but to live on the beach."

Bunda said he would discuss his concerns with Hanabusa and House leaders as the proposal proceeds.