Maui County Council members are currently developing a legislative proposal aimed at creating procedures for conducting sweeps of homeless individuals while ensuring their rights are respected following a ruling by the Hawaii Supreme Court against the county.
“It’s essential that we treat people with dignity and not inflict further trauma on those already suffering,” stated Council Member Gabe Johnson during a recent committee meeting focused on social services.
The proposed Bill 111 is designed to “set forth procedures that allow for the compassionate relocation of individuals when it is deemed necessary, as well as offer access to essential services and the storage of personal belongings,” according to committee chair Shane Sinenci. He emphasized that government entities cannot arbitrarily seize personal property without due process.
Introduced by Johnson, the bill was motivated by a Supreme Court ruling this year in the case of Sonia Davis versus Mayor Richard Bissen. “We want to avoid legal repercussions that could arise from continuing our current practices,” he noted.
In September 2021, during the administration of then-Mayor Michael Victorino, Maui County executed a sweep at a significant encampment on Amala Place in Kahului. Prior to the sweep, which was conducted after issuing notices to vacate, only ten out of an estimated eighty residents chose to remain.
During this operation, county personnel and contractors cleared away 54 vehicles—eventually disposed of—and removed an astonishing 58 tons of trash along with personal belongings within a two-day timeframe, with aid from the state’s Department of Land and Natural Resources. Notably, personal items were destroyed without being warehoused, as stated in court documents.
The American Civil Liberties Union (ACLU) of Hawaii subsequently filed a lawsuit, alleging that the county’s actions were unconstitutional.
On March 5, the state Supreme Court unanimously concluded that “unabandoned possessions of homeless individuals are considered property that is protected by Hawaii’s due process provisions.” The court ruled that Maui County had infringed upon the procedural due process rights of homeless individuals by failing to provide proper notifications or an opportunity for a contested case hearing regarding the seized belongings.
Bill 111 aims to clarify the roles of county agencies and outreach organizations in the process of encampment removals. It would stipulate notification requirements to both homeless individuals and outreach providers, outline how personal property will be stored and accessible, identify alternative shelter options prior to any sweep, and establish cleaning protocols. Additionally, it mandates that the council allocate budgetary resources for the enforcement of this law.
The proposal has drawn varying feedback from service providers involved with Maui’s homeless community, with some expressing that while the establishment of procedures could lead to more respectful treatment of homeless individuals, others argue that no sweeps should occur at all.
Mo‘i Kawaakoa, founder of Holomua Outreach, expressed gratitude to Johnson for addressing the treatment of individuals affected by sweeps but insisted that the county cease these operations entirely. Kawaakoa recounted the tragic losses of two individuals from a homeless encampment in Paia, emphasizing the dire consequences of the sweeping policies.
“We need to rethink these policies to prevent further tragedies,” Kawaakoa urged.
Jordan Hocker, a community outreach educator at Maui Housing Hui, previously acted as an observer during the 2021 sweep. “The only positive outcome was the reaffirmation of rights for unsheltered people as recognized by the Hawaii Supreme Court,” she stated, while highlighting Maui’s ongoing housing crisis, which exacerbates homelessness amidst a high cost of living.
Hocker also pointed out the substantial taxpayer funding expended on sweep operations, questioning their continued justification amidst legal challenges and community concerns. She asserted that rather than being a cause of homelessness, substance abuse often arises as a coping mechanism under extreme stress and lack of resources, further complicating an already difficult situation for those living on the streets.
“Most individuals experiencing homelessness likely struggle with PTSD, which categorizes many within that population as disabled,” she noted. “When we dehumanize these individuals, we effectively treat disabled persons as if they have no value,” she added. Research compiled by various organizations indicates the intertwined nature of substance abuse and homelessness, with individuals often turning to drugs or alcohol as a maladaptive response to their circumstances.
Nicole Huguenin, executive director of Maui Rapid Response, emphasized her opposition to sweeps, characterizing them as shortsighted and ineffective. She highlighted the support for this stance from various national organizations, advocating for policies that are economically viable and humane.
During a sweep in Lahaina last July, Huguenin remarked that the situation necessitated the use of outreach workers who were instrumental in diffusing potential conflicts, thereby avoiding further arrests among homeless individuals.
The committee recently began deliberating on Bill 111, and Sinenci indicated plans to incorporate amendments following the initial round of testimony received during their last meeting. The last-known point-in-time count conducted in January reported 654 homeless individuals residing on Maui, with a majority in Central Maui.
The statistics reveal a gradual decline in Maui’s homeless population since 2016, which peaked at 1,144, with 704 being reported in 2023. In contrast, Kauai experienced a rise from 424 reported individuals in 2020 to 523 this year, while Hawaii’s island’s numbers, after fluctuating, decreased to 718 in the latest count.