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Council advances pedestrian-safety ordinance at first reading after narrowing scope to protect free‑speech
Summary
Councilmember Ray Inaba's ordinance to prohibit certain pedestrian conduct on roadways advanced on first reading after amendments and assurances that constitutionally protected conduct — such as standing on sidewalks with signs or asking for money — is not banned.
The Hawaii County Council approved Bill 82 at first reading, an ordinance that restricts certain pedestrian conduct in roadways to improve safety while explicitly preserving constitutionally protected activities on sidewalks.
Bill 82 amends Chapter 24, Article 9 of the Hawaii County Code to prohibit pedestrians from entering a roadway, obstructing traffic, or approaching moving vehicles for business and employment purposes. The council’s language and sponsor revisions clarified that the ordinance does not prohibit standing on sidewalks or asking for money and that protections for free speech remain intact.
Sponsor Councilmember Ray Inaba emphasized the point during debate: “This bill specifically, states, you know, that all of our constitutional rights be protected. So sitting or standing in, on a sidewalk with a sign asking for money, that isn't prohibited via this bill,” he told the council during discussion. Supporters said the measure is aimed at preventing pedestrian-vehicle conflicts and improving safety for both drivers and walkers.
The measure drew opposition from several public testifiers who said the earlier versions of the ordinance risked criminalizing homelessness. Noelle Lindenman of Kailua-Kona opposed the draft, saying it “still feels like it's aimed at criminalizing people experiencing homelessness,” and urged council members to instead increase investments in housing and services. Kentra Gurung testified similarly, citing concerns about civil liberties and the “law of the splintered paddle” as a moral framework.
The council passed Bill 82 on first reading by roll-call vote. As a first-reading ordinance, it will return for subsequent readings where fine points of enforcement and language can be further refined.
