The ACLU of Hawaii said today that it has settled two lawsuits with Hawaii County.

One of the lawsuit challenged Big Island laws prohibiting individuals from holding signs asking for help.

On June 3, 2014, Justin Guy held a sign saying “Homeless Please Help” while standing to the side of Kaiwi Street in Kailua-Kona. A Hawaii County Police Department officer cited Guy for violating a code prohibited solicitation for money in public places.

Criminal charges against Guy were later dismissed.

As part of the settlement, according to the ACLU, Hawaii County agreed to amend some of its codes. The changes mean:

• groups smaller than 75 people no longer need a permit to hold free speech activities in county parks;
• groups larger than 75 people wanting to hold free speech activities in county parks on short notice can do so without having to obtain a permit 20 days in advance;
• “offensive” speech, by itself, is no longer a crime (unless the speech is “likely to provoke a violent response,” which is not protected by the First Amendment); and
• solicitation of support and donations is no longer a crime.

Attorney Matthew Winter of Davis Levin Livingston said, “The right of free speech applies with equal force to an unsheltered person asking for help as it does to a politician asking for votes. The government cannot suppress speech it does not like — the ability to freely express oneself is the heart of our democracy.”

The second ACLU lawsuit against Hawaii County was on behalf of Rebekah Taylor-Failor, a Kailua-Kona woman who was to begin working for the county in an administrative position this year.

After giving her a conditional job offer, says the ACLU, the county required her to complete “a detailed, personal questionnaire” about her medical history “and then demanded she give a urine sample for analysis,” something the county required of all its prospective employees.

As a result of the settlement, Hawaii County will cease the practice except for the 3 percent of employees defined as “safety-sensitive” workers such as police officers.

ACLU of Hawaii Legal Director Daniel Gluck said, “Medical data is some of our most privately held information, and it is critical that we protect it from government overreach.”

Asked for comment about both settlements, Molly Stebbins of Hawaii County’s Corporation Counsel said in a statement, “I commend our deputies for their hard work on both of these cases. The law in this area is always evolving. The settlement agreements ensure that our county’s laws and policies are consistent with applicable case law and strike the proper balance between constitutional protections and public safety concerns.”