Yep…in case you missed the news or my prior post, The Honolulu City Council is hard at work trying to figure out how to protect shopping carts from poor people.
Here’s the update: The Council voted 7-2 Thursday, with Council members Esther Kia‘aina ekiaaina@honolulu.gov and Matt Weyer mweyer@honolulu.gov voting NO, to approve the second of three readings for Bill 53.
HONOLULU RESIDENTS:
PLEASE EMAIL BOTH – ASAP – AND TELL THEM THANK YOU!
AND PLEASE EMAIL ALL OTHERS AND ASK THEM TO RECONSIDER THEIR SUPPORT AND INSTEAD OPPOSE BILL 53!!
https://www.honolulucitycouncil.org/home/#councilmembers
According to the StarAdvertiser (cut and pasted article below)
“Bill 53 is set for another hearing before the Council’s Public Safety and Economy Committee, followed by another full Council meeting to consider its final approval. The next full Council meeting is scheduled for Dec. 2, which is expected to be Waters’ final meeting before he terms out of office.”
How sad/ironic/unfortunate is that? Dec. 2 – The room will be full of people both applauding the outgoing Chair Tommy Waters for his service AND slamming his outgoing Bill 53 proposal that seeks to further criminalize the poorest of the poor.
My hope is that Bill 53 will be deferred indefinitely and/or perhaps amended to a Resolution establishing a “Task Force” or “Working Group” that can better examine the alternatives available (including the no-action alternative).
Please – email Councilmembers Esther Kia‘aina ekiaaina@honolulu.gov and Matt Weyer mweyer@honolulu.gov and tell them thank you!
Aloha,
Gary Hooser
Honolulu City Council advances shopping-cart bill despite homeless concerns
Honolulu StarAdvertiser By Ian Bauer 11/09/26
Profanity-laced testimony from one opponent and widespread criticism from others failed to put the brakes on a controversial Honolulu City Council measure aimed at curbing shopping-cart theft and abandonment, as Bill 53 advanced despite claims that it unfairly targets Oahu’s homeless population.
The Council voted 7-2 Thursday, with Council members Esther Kia‘aina and Matt Weyer dissenting, to approve the second of three readings of a measure that would broadly prohibit possessing, using or offering shopping carts for use in the city unless they are clearly identified by their owners and used under specified conditions.
Introduced in July by Council Chair Tommy Waters, the latest version of Bill 53 classifies violations as petty misdemeanors. It removes an earlier proposal for fines of up to $2,000 and imprisonment for up to 30 days, but does not specify a fine amount or jail term.
Under the measure, shopping carts would have to display conspicuous markings identifying their legal owners. Owners or people authorized by them could possess and use identified carts on property they own or in which they otherwise have a legal interest.
Written authorization from a property owner or an authorized representative could serve as an affirmative defense against prosecution for possessing, using or offering an identified cart outside the cart owner’s premises.
Carts owned by the federal government, as well as carts owned and being used by the state, would be exempt, the bill states.
Anyone convicted of violating the ordinance would be required to forfeit the cart to the city. Each cart in a person’s possession would count as a separate violation.
If enacted, the ordinance would take effect upon approval. Cart owners would have 180 days to identify their carts, during which no arrests or citations could be issued under the ordinance.
Waters has said the bill is not intended to target kupuna who use personal shopping carts or people experiencing homelessness.
“We have to acknowledge that stealing a shopping cart from businesses is not OK, it’s still theft,” Waters said before the Council’s vote. “You just have to walk around and you see shopping carts everywhere, they’re everywhere.”
Waters later challenged his Council colleagues to come up with a better legislative solution to the problem.
For his part, Weyer had introduced an amendment to reduce the penalty under Bill 53 from a petty misdemeanor, which carries potential jail time, to a noncriminal violation punishable by a fine, similar to a parking ticket.
But Weyer later withdrew his amendment after numerous testifiers called for the entire measure to be rejected.
Yet Bill 53 drew support from the Honolulu Police Department and the Retail Merchants of Hawai‘i during an Oct. 22 committee meeting.
HPD Maj. Paul Okamoto acknowledged the measure’s opponents believe it criminalizes homelessness on Oahu.
“However, this bill is about the possession of stolen property, and possession of property that belongs to someone else,” Okamoto said, adding “there needs to be sufficient consequence so that they understand that they are not to monopolize, take these shopping carts, and use them for their own use, monopolize its use.
“I think that’s wrong,” he added.
Dave Erdman, interim president and CEO of the Retail Merchants of Hawai‘i, also backed Bill 53.
He noted shopping carts can cost from $250 to $750 for retailers and even up to $1,000, especially when shipping to Hawaii and tariffs.
“When carts are taken without permission retailers lose valuable property, and customers ultimately bear those costs,” Erdman said, noting priorities should include “meaningful deterrents and clear enforcement tools for HPD.”
Other priorities, he said, included “protection for legitimate personal carts and authorized users, and third, and importantly, a process to return recovered carts to their rightful owners rather than forfeiting them to the city permanently.”
But most people who submitted written or oral testimony opposed Bill 53, including the city Department of the Prosecuting Attorney and the state Office of the Public Defender.
The Prosecuting Attorney’s office has acknowledged the city’s interest in addressing abandoned carts that obstruct sidewalks and create public safety hazards, but questioned whether criminal penalties would be proportionate.
The department expressed concern that a potential jail sentence for simple possession of a shopping cart outside an authorized location could raise questions about proportionality. It urged the Council to consider a non-jailable violation with an appropriate monetary penalty.
The state Office of the Public Defender also urged the Council to reject the measure.
In written testimony submitted Nov. 4, First Deputy Public Defender Hayley Cheng said shopping carts can be essential for people without housing, serving as storage and transportation for clothing, food, water, medication, identification documents and other necessities.
She also argued the measure, if enacted, would criminalize possession or use of a shopping cart even when the person had caused no harm.
“Bill 53 fails to make that critical distinction,” Cheng wrote. “Instead, it risks imposing substantial criminal penalties upon individuals for conduct that may be entirely harmless and that is closely associated with the daily realities of homelessness.”
Mandy Fernandes, policy director of the ACLU of Hawai‘i, also strongly opposed Bill 53.
“We oppose it even with Council member Weyer’s amendments, because a violation still requires somebody to show up to court,” she told the Council. “A lot of people that I believe would be targeted by this measure, and enforcement of it, are not going to be able to get themselves to court, and then that equals a bench warrant and then they get arrested.”
Fernandes described this city legislation as a waste of taxpayer-funded resources.
“This measure is cruel, it’s unnecessary, it’s ineffective, it’s expensive, it criminalizes harmless conduct, it wastes taxpayer dollars in doing so and it raises serious constitutional concerns that exposes the City and County of Honolulu to legal liability and lawsuits,” she added.
Fernandes said similar legislation “has not worked nationally” or locally.
“It’s unnecessary as Chair Waters has reminded us, there are already sufficient felonies, misdemeanors, civil laws that penalize this behavior,” she said. “If those are not sufficient deterrents then a petty misdemeanor is definitely not going to be a sufficient deterrent.
“HPD has sufficient tools in its tool belt to address this now,” Fernandes said. “And if they’re not using those to prosecute theft of shopping carts, then they need to reconsider their strategies.”
Laie resident Choon James also opposed Bill 53, questioning why the city had to be so punitive.
“It’s almost like a knee-jerk reaction,” James added. “Why does a solution to county challenges always have to be the big stick of punishment, through big fines and jail?
“And why is the stealing of a shopping cart proportionate to these criminal threats?” she asked.
Makiki resident Awapuhi Robinson said HPD should not be involved in what she characterized as a “civil matter” involving shopping cart owners.
“Are we as City Council now utilizing public services to be weaponized for corporations?” Robinson asked.
But Kaimuki resident Tim Garry supported the measure. “Much of the testimony against Bill 53 is from the ‘Homeless Industrial Complex’,” he asserted. “They give inaccurate scenarios that just aren’t true.”
Garry later proposed establishing a private fund to purchase shopping carts for those in need, likening it to “a needle exchange program,” and pledged the first $100 toward the effort.
During Council discussion, Weyer noted Hawaii’s high cost of living and the lack of affordable housing contribute to the broader problem of homelessness.
“And so I think it’s incumbent on all of us to be pushing all the tools that we need to have housing options for our community,” Weyer said.
Later, Waters said, “This Council … put hundreds of thousands of dollars in the budget to build housing for people that’s gone unspent.
“Vouchers that we get from the federal government come down and sometimes the city has said, ‘We don’t want them,’” Waters asserted. “It’s ridiculous; take them and use them.”
Waters added he was also receptive to community suggestions, including one that may see the city provide storage space for homeless people’s belongings. “Based on that, I’ve already drafted a resolution,” he said.
“And I’ll be introducing that shortly.”
Bill 53 is set for another hearing before the Council’s Public Safety and Economy Committee, followed by another full Council meeting to consider its final approval.
The next full Council meeting is scheduled for Dec. 2, which is expected to be Waters’ final meeting before he terms out of office.
