Jenn Kagiwada is the Hawai‘i County Council Member for Hilo, District 2. She serves as chair of the Governmental Operations and External Affairs Committee, vice chair of the Policy Committee on Environmental and Resource Management, alternate representative to the Hawaiʻi State Association of Counties and ex-officio member on the Youth Commission. Her priorities are to keep the well-being of families, youth, and children as the focus on policy discussions and decisions.
Civil rights groups agree Bill 59 is unconstitutional and seems designed to push poverty out of view, making it easier to ignore people in dire need.
On a Saturday afternoon in June, I helped load up a van with canned goods, bread, rice, tortillas, and other shelf-stable foods to be delivered to our Hawaiʻi island immigrant neighbors. Many of them have been afraid to leave their homes because of President Donald Trump’s authoritarian raids and inhumane deportations.
This was why, at that afternoon’s “No Kings” protest, where thousands of people lined Hilo’s Kamehameha Avenue, we’d decided to hold a food drive for Aloha Latinos, a group assisting immigrants. It’s also why I carried a sign emblazoned in block print, “ALOHA = RESISTANCE.” Sometimes showing love for our neighbors means standing up to people and policies who would do them harm.
That which would harm our neighbors doesn’t always come heavily armed. Sometimes it shows up as a hastily passed policy that hasn’t received enough public input, or as the unintended consequences of a seemingly unrelated bill.
Recently a bill passed our County Council that would have outlawed the food drive at this protest. Bill 59 states: “No person may enter or remain within fifteen feet of a roadway for the purpose of: Receiving or soliciting a ride, employment, business, or any other good or service from the occupant of any vehicle, unless the vehicle is legally parked.”
The author warns that the veto of Bill 59 could still be overridden by the Hawaiʻi County Council. (Kevin Dayton/Civil Beat/2024)
Under this policy any participant holding a sign or appealing for donations to the food drive at cars passing by or stopped in traffic would’ve been in violation of this proposed law.
Additionally, sports teams standing on the sidewalks to advertise car washes would be illegal. It also means that people in need asking for direct assistance within 15 feet of a road, would be criminalized, whether they use a sign or their voice.
At a time when federal assistance programs are being gutted to provide huge tax cuts for the uber-wealthy, we shouldn’t be passing more laws that punish our residents for being poor. Civil rights organizations agree that Bill 59 is unconstitutional and it seems designed to simply push poverty out of view, which makes it easier to ignore people in dire need.
It gets even worse. Under the proposed bill, it would also be illegal to follow the Hele-On website directions under “How to Board the Bus,” which instructs people to “Flag the bus” unless you are back at least 15 feet of the roadway. This would be impossible in many neighborhoods in District 2 and around the island where there are no sidewalks, very small setbacks and/or drainage ditches that line the roads.
The bill makes no exception for Hele-On bus stops or school bus stops within 15 feet of the road, so even keiki would be considered lawbreakers under this bill.
‘Free Speech Is Our Right’
This doesn’t just fly in the face of common sense, it flies in the face of the Constitution. Free speech is our right. Whether you are holding a sign that says “Honk if you love Trump,” “Save Our Democracy” or “Will Work for Food,” our right to freedom of speech is protected by the First Amendment of the Constitution. These are the reasons that I voted “No” on Bill 59.
Despite these concerns, the bill passed our council, and the last step before it became law was to get a signature from Mayor Kimo Alameda.
But Mayor Alameda did the right thing — he vetoed the bill. And he deserves a big mahalo for upholding our county’s integrity in doing so.
By vetoing this bill, Mayor Alameda:
supported free speech as a primary right;
avoided penalizing our poorest and most marginalized residents;
allowed folks to continue to access our buses; and
showed aloha by standing against the erosion of our rights.
Mahalo, Mayor Alameda.
Bill 59, which passed the Hawaiʻi County Council with a 7-2 vote, may be brought back to council, which would need six votes to override the mayor’s veto.
Sign up for our FREE morning newsletter and face each day more informed.
Community Voices aims to encourage broad discussion on many
topics of
community interest. It’s kind of
a cross between Letters to the Editor and op-eds. This is your space to talk about important issues or
interesting people who are making a difference in our world. Column lengths should be no more than 800
words and we need a photo of the author and a bio. We welcome video commentary and other multimedia
formats. Send to news@civilbeat.org. The opinions and
information expressed in Community Voices are solely those of the authors and not Civil Beat.
Jenn Kagiwada is the Hawai‘i County Council Member for Hilo, District 2. She serves as chair of the Governmental Operations and External Affairs Committee, vice chair of the Policy Committee on Environmental and Resource Management, alternate representative to the Hawaiʻi State Association of Counties and ex-officio member on the Youth Commission. Her priorities are to keep the well-being of families, youth, and children as the focus on policy discussions and decisions.
Like others, I can't believe this even came up for a vote, much less passed. Those that voted for it should be made known so those of us that are against it can do their best to make sure they aren't reelected. There is so much more at stake here than the homeless individuals that actively solicit money at intersections.
nishiumi·
8 months ago
Wow just wow! I canât believe this bill was even thought of and more so almost passed! Like I tell my children when they come home asking questions or sharing others opinion on the subject, at least these people on the side of the road (whether it be homeless, food vendors, sports teams soliciting donations, etc.) are doing what theyâre doing honestly, as in not stealing or hurting anyone! I respect and commend that as I also do for those who vetoed this bill!
GoldenRuleUpholder·
8 months ago
I am very disappointed Mayor Alameda vetoed Bill 59. This proposed
legislation would've addressed the
homeless individuals that actively solicit money at intersections.The mayorâs
reasoning for vetoing this bill was on free speech grounds. I can see the logic behind
his decision, but it puts the community back at square one.Bill 59 was flawed,
but at least it wouldâve created a path to address this public
safety issue. The majority of
these homeless individuals donât want help and rather live on the
streets soliciting money
from the public. As a result, this isnât free speech activity like
soliciting donations for a
sports team. It only benefits the homeless individuals seeking a
handout.I hope the county
council overrides Mayor Alamedaâs veto of Bill 59
Ideas is the place you'll find essays, analysis and opinion on public affairs in Hawaiʻi. We want to showcase smart ideas about the future of Hawaiʻi, from the state's sharpest thinkers, to stretch our collective thinking about a problem or an issue. Email news@civilbeat.org to submit an idea.