A group of homeless individuals filed a motion in federal court Monday to seek an immediate halt to the city’s enforcement of the stored property and sidewalk nuisance ordinances.

The motion for a temporary restraining order and preliminary injunction, filed by nine of the 15 plaintiffs named in a federal class-action lawsuit filed last week, asks the court to prohibit the city from “seizing and immediately destroying nonabandoned property belonging to homeless individuals in Honolulu.”

A federal class-action lawsuit was filed last week against the city over homeless sweeps.
A federal class-action lawsuit was filed last week against the city over homeless sweeps. Cory Lum/Civil Beat

In the brief, the plaintiffs’ attorneys explained that they had tried to negotiate with the city last week to “moot the need for injunctive relief” and to invite “a stipulation related to ongoing enforcement.”

But, on Sept. 17 — a day after the plaintiffs filed the lawsuit — the attorneys said the city chose to “escalate” its enforcement actions instead and conducted a sweep, the second in as many weeks in Kakaako.

On Monday, a crew from the Honolulu Department of Facility Maintenance went back to Kakaako and cleared another section of the area and plans to continue the sweep Tuesday morning.

A hearing on the motion has been scheduled for Tuesday at the federal court.

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