When they arrested me the first time and took my stuff and locked it up while I was waiting for court, something happened in California where the federal district court, of which Hawaii is part of the district, ruled that the police could not take the possessions of the homeless people who had left their stuff on the sidewalk while they went to use the bathroom etc., so after this happened in California, all of street performers that got arrested and our stuff got taken, all got letters in the mail telling us to come get our stuff, even before our court date.
One of the street performers back then said he got his case dismissed because he claimed Selective Enforcement, which is still going on out there when you consider what’s going on with those guys that are selling tours and luaus from those portable podiums. They shouldn’t be citing or arresting people who are doing art as that should be protected by the 1st amendment, however those guys selling tours are blatantly peddling a product or service for sale and they are not getting arrested or cited. It’s been going on for 3 years now. Right after they swept the street performers off the sidewalks, then these guys came in and set up. I have photos going back years showing them doing it. But HPD claims that those people are not taking money on the street. But me and Dave went out with cameras and video cameras and it only took us minutes to get pictures and videos of them taking money. We even interviewed their customers who told us that they gave them $140 cash.
One of the Podium guys told me that the cops told them to just not take money on the public sidewalk, to walk over to the private property side to take the money, however in the definition of Peddling in Chapter 29 of the Honolulu Revised Ordinances, even this is covered in the definition as Peddling.
“The term shall include, but not be limited to, the solicitation of orders or making of referrals on a public place for the future sale, delivery, or performance of property or services in a place other than a public place as part of a scheme to evade the provisions of Article 6.”
The cops are making up their own rules. They used to go and measure the size of their podiums because they were mixing up a law that applied to First Amendment exercises like handing out literature for a political candidate, or a church, or charity. So they would say that they could have their podiums on the sidewalk as long as it was only so wide, and so tall.
Here is the full definition of Peddling from Chapter 29:
Sec. 29-1.1 Definitions.
“Peddle or peddling” means the sale or offer for sale, the renting or offer for rent, or the display for sale or rent of any goods, wares, merchandise, foodstuffs, or other kinds of property or services. The term shall include, but not be limited to, the solicitation of orders or making of referrals on a public place for the future sale, delivery, or performance of property or services in a place other than a public place as part of a scheme to evade the provisions of Article 6.
Article 6 does not say, you can peddle as long as your table or podium is only so wide, and so tall, it says that it is not allowed at all.
The annual fee for a peddler’s license shall be $27.50, provided that said fee is waived for all peddlers of newspapers of general circulation, and no license shall be required of the following:
(1) Any person peddling fresh fish, fresh fruit, fresh leis, fresh flowers or fresh vegetables;
(2) Any merchant of a store allowed to peddle on a portion of a sidewalk or mall under Article 6A; or
(3) Any person who has reached the age of 60 years. (Sec. 26-6.1, R.O. 1978 (1983 Ed.); Am. Ord. 92-73, 03-26)
Sec. 29-6.2 Regulation affecting peddling.
(a) It is unlawful for any person to peddle on a public place without a peddler’s license issued by the city, except as otherwise provided by Section 29-6.1.
(b) It is unlawful for any person, whether exempt or licensed under Section 29-6.1, to peddle on a public place, unless such person is also duly licensed under the provisions of HRS Section 237-9 to engage in and conduct such business as required by said HRS Section 237-9.
(c) Notwithstanding subsections (a) and (b) or any other ordinance to the contrary and except as specifically provided in this section, it is unlawful for any person to peddle on a public place in the following areas, even if such person is exempt or licensed under Section 29-6.1:
(1) On the Pali Highway from the intersection of Nuuanu Pali Drive to Castle Junction including the Pali Lookout (improved observation area at the summit) and access road thereto;
(2) Makapuu Lookout (parking area overlooking Makapuu Beach) on Kalanianaole Highway;
(3) On Diamond Head Road from Poni Moi Road to Kulamanu Place;
(4) Tantalus Drive from Aaliamanu Place to Ualakaa Park;
(5) Waimea Bay beginning at Maunawai to the Kupupolo Heiau on Kamehameha Highway;
(6) Within 300 feet of the easterly end of Naupaka Street on Laie Point;
(7) Waikiki Peninsula upon the public streets, alleys, sidewalks, malls, parks, beaches and other public places in Waikiki commencing at the entrance to the Ala Wai Canal, thence along the Ala Wai Canal to Kapahulu Avenue, thence along the diamond head property line of Kapahulu Avenue to the ocean, thence along the ocean back to the entrance of the Ala Wai Canal;
(8) Fort Street and Union Street Malls — The length and width of those areas in downtown Honolulu designated as the Fort Street Mall and the Union Street Mall;
(9) Chinatown and the length and width of College Walk Mall and Sun Yat Sen Mall; except as allowed under Article 6A or Article 10;
(10) In any school zone as defined in Section 15-2.21 while school is in session. Provided, that this subdivision shall not apply to any authorized participant in a city-sponsored market program, or in any school-sponsored function, or to home door-to-door salespersons, solicitors or canvassers as defined in Section 29-5.1(b). For purposes of this subdivision: “School” means any public or private elementary, intermediate or high school; and “School is in session” means one hour before the start of classes and up until one hour after the last scheduled class ends;
(11) Halona Scenic Lookout (parking area overlooking the Blowhole) on Kalanianaole Highway;
(12) The grounds of City Hall and the Honolulu Municipal Building, as defined in Section 28-11.1 and including the public sidewalks abutting King Street, Alapai Street, Beretania Street, and Punchbowl Street. This subdivision shall not preclude use of said grounds by any concessionaire, licensees, lessee, or permittee of the city or by any peddler participating in the city-sponsored people’s open market program; and
(13) Within any public park or beach owned and operated by the city, except pursuant to a concession, permit or license issued by the city.
So that’s a lot of places where you can not peddle. Practically every place where you would find an audience. The law is allowed to limit Time and Place, but they shouldn’t be allowed to limit Every Place and Ever Time. They should have to allow a reasonable place where you can do this.
29-6 sets up the terms for a Peddler’s Permit, being $27.50 a year, but then they limit all the the places you would ever want to use it. I called the office to try to get one and they lady on the phone was like Really?!, and then she tried to talk me out of it by listing all the restrictions.
I had to go to 3 different offices of the City Hall because no one had even heard of it. Turns out the office for that is a portable building under the freeway by Kapahulu Ave. where they do the moped licenses.
Also you probably saw from my videos that it is the Waikiki Business Improvement District Association that is Paying HPD to do this. It even says so in their annual newsletters which can be viewed on their webpage.
I have created Facebook pages where I have been documenting this activity.
you tube link is
As far as how to help you, I don’t know, just that it’s wrong what their doing. Micheal Daly might be of some help.
Also, I recently went into the Waikiki HPD station to complain about the people selling tours from the podiums, and the cop started making excuses for them. He said that he doesn’t know for sure which side of the brass line is pubic property, and which side is private property. It seemed to me that he was purposely being stupid in order to take their side or so that he wouldn’t have to do anything. I was like, it’s obvious that the side of the brass line closest to the street is public property, and the side of the line closest to the businesses is private property. He was like, I don’t know, is it? How do I know this?
Obviously he’s heard about the case the Dave has raised about how there is not an official survey of the property lines in that area. Dave has been trying to get the to do it for years, back when they were making the sit and lie law, they bought brass placards that they were going to put in the sidewalk saying where you can not be, but they couldn’t put them in until the official property lines were surveyed which would cost a lot of money to do, and could cause problems because some businesses may find that they are partially on public property.