Maui considering new law to regulate homeless sweeping | News, Sports, Jobs

Written by: LEO AZAMBUIA/Honolulu Civil Beat Honolulu Civil Beat

Maui County Council members are working on a bill to establish procedures for screening homeless people to ensure their rights are protected, following a Hawaii Supreme Court decision against the county.

“We need to treat these people with dignity. We can’t just pile trauma upon trauma on some of these people.” Council Member Gabe Johnson said at last week’s Water Utility, Social Services and Parks Committee meeting.

The purpose of Law 111 is to “To provide procedures for the compassionate relocation of people when necessary, including access to services and safekeeping of personal property.” said committee chairman Shane Sinenci. “The government cannot search and seize your personal property.”

Johnson, who introduced the bill, said some of that momentum stems from the Supreme Court’s decision this year in Sonia Davis v. (Mayor) Richard Bissen.

“We don’t want to get sued if we keep doing it this way.” he said.

Property Demolished in 2021

In September 2021, Maui County, under then-Mayor Michael Victorino, swept a large encampment along Amala Place in Kahului. After receiving eviction notices several weeks before the cleanup, about 10 of the estimated 80 people living there decided to stay.

County workers and contractors, with support from the state Department of Land and Natural Resources, removed 58 tons of trash in a two-day operation, along with 54 vehicles and personal property that were stored and later destroyed. Personal items were destroyed without going through the storage process, according to court documents.

The ACLU of Hawaii filed a lawsuit saying the county’s actions were unconstitutional.

On March 5, the Supreme Court unanimously ruled: “The unabandoned property of homeless persons constitutes property and is protected by Hawaii’s due process clause.” There was Maui County “By failing to provide adequate notice, homeless individuals’ procedural due process rights were violated.” or a contested case hearing for items seized during the sweep, according to the court report.

Bill 111 would define the roles of county agencies and outreach providers during encampment removal procedures, establish requirements for notifications to homeless people and outreach providers, determine how personal property is stored, how and when people can access it, identify or provide alternative shelters and cleanup prior to screening. Set up procedures. It is also stated that the council must put money into the budget to implement the law.

The proposal is receiving mixed reviews from service providers working with Maui’s homeless population; some of them testified at the committee meeting. While they say establishing screening procedures would ensure that the homeless population is treated with more dignity, some service providers believe there should be no screening at all.

‘We Treat Disabled People Like Trash’

Mo’i Kawaakoa, who started a program called Holomua Outreach last year, thanked Johnson for bringing the issue to the table and trying to improve how homeless people are treated during and after screening.

But he said the county should stop sweeps altogether and allow people to shelter in place wherever they want.

“We lost two people on Holomua Road” Kawaakoa mentioned a homeless camp in Paia between Hana Highway and the old Maui High School. One of them was transported from Lahaina in a major operation and traveled to the Holomua Road area, where he died, Kawaakao said. The other had traumatic experiences in two previous camps and “I chose to die on Holomua Road rather than go to the hospital for treatment.” he said

“So please consider how we can improve these policies so we don’t continue to lose people.” said Kawaakoa.

Jordan Hocker, a community outreach educator at Maui Housing Hui, said he served as a legal observer for the National Lawyers Guild during the September 2021 sweep of Amala Place.

“The only good thing that came out of this was the defense of the rights of unhoused people through the Hawaii Supreme Court.” said Hocker.

Stating that the housing crisis in Maui, combined with the high cost of living, has led to homelessness on the island, he added: “It is frankly unethical to continue business as usual.”

Hocker questioned the amount of taxpayer money involved in both the lawsuit and the replication of the process.

He also said research shows substance abuse does not lead to homelessness; quite the opposite.

“When you don’t have resources and you have nowhere to go, meaning your basic human needs and your right to housing are not provided, substance abuse is something that occurs as a coping mechanism. “This creates disharmony and destroys people, and we see it on our streets.” he said.

Every person living on the street, “almost 100% certain” Hocker said he would test positive for post-traumatic stress disorder. Post-traumatic stress disorder and substance abuse are considered disabilities, which would classify much of the island’s homeless population as disabled, he said.

“When we treat people like trash, we also treat disabled people like trash.” he said.

An article published by the National Library of Medicine notes that the relationship between substance abuse and homelessness is complex, and research suggests that substance use can be both a cause and a consequence of homelessness.

The National Coalition for the Homeless released a study in 2017 that found homeless people often turn to drugs and alcohol to cope with their situation. They may also find it necessary to be accepted into the homeless community.

Nicole Huguenin last testified before the council in December 2020 about a bill that would impose fines of $100 to $400 for people who give money, goods or food to the homeless without a concurrent effort from outreach services. Due to public reaction and the possibility that the proposal was unconstitutional, the council tabled the bill.

As executive director of Maui Rapid Response, a disaster response team comprised of nonprofits and community members, Huguenin said he and his team do not support sweeping or relocation. He said they were short-term, punitive and economically unsustainable. He added that this position is also supported by the National Low Income Housing Coalition, the National Poverty Law Center and the ACLU.

“I hope we look at the cost of each scan.” said Huguenin.

He said during a sweep of Lahaina’s Wahikuli Park last July, county staff relied heavily on outreach workers’ relationships and harm reduction training to communicate with people living in the park and de-escalate two tense situations that ultimately resulted in his arrest. two homeless people.

Fewer Homeless Counted in Maui County

The committee worked on Bill 111 for the first time last week. Sinenci said at the beginning of the meeting that his plan was to listen to the statements and make the necessary changes at the end. There was a significant amount of testimony.

The committee approved some changes suggested by management and postponed more significant changes to be discussed at the next meeting.

According to the latest snapshot counts by the nonprofit Bridging the Gap, there were 654 homeless people on Maui in January, including 369 sheltered and 285 unsheltered.

The majority of Maui’s homeless population (443) were in Central Maui, with 97 unsheltered. Although Lahaina had the second highest population at 82, none were unprotected. Upcountry had 54 individuals, 23 of whom were unprotected. There were 45 people on Kihei and none of them were unprotected. There were 30 people on Lower Waiehu, and none of them were unprotected. Hana had no registered homeless people.

Bridging the Gap conducts homeless counts at a specific time in Maui, Kauai and Hawaii counties one night each January.

Maui’s homeless population has been on a steady decline since 2016, when it reached 1,144 people. In 2023, Bridging the Gap’s snapshot survey counted 704 homeless people on Maui.

On Kauai, numbers have been rising steadily since 2020, when 424 people were counted in the survey. The number of homeless people on Kauai this year was 523. The homeless population on the island of Hawaii increased from 2018 to 2023, reaching 1,003 people, but decreased to 718 this year.

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This story was first published by Honolulu Civil Beat and distributed in partnership with The Associated Press.