State House approves public urination bill

By Gordon Y.K. Pang
Advertiser Capitol Bureau

A bill making it illegal to urinate or defecate in public passed out of the House of Representatives yesterday, but not before critics blasted it for being unfair to the homeless and mentally ill.

House Bill 1828 was introduced by Rep. Ken Hiraki, D-28th (Iwilei, Downtown, Makiki), in response to members of the Downtown Neighborhood Board and downtown merchants who complained that the problem is especially bad in their district.

The bill was approved 33-16, with two absent. The measure advances to the Senate.

Rep. Dennis Arakaki, D-30th (Moanalua, Kalihi Valley, 'Alewa), said the bill does not address the issue.

"If it's a public health problem, then we need a public health solution," he said. "We need to find the outreach workers who can provide the services and access the services so that these people are not put into this kind of situation. I just feel that on a really base level, this bill doesn't really show the compassion we should have for people in this situation."

Hiraki, however, said the bill specifically excludes those with medical conditions, including mental illness.

Hiraki said the issue is not simply one of unsightliness but of public health "in this era of SARS and other transmitted diseases."

Proponents of the bill have noted that many of those who urinate or defecate in public are not homeless people, but bus riders who do their business in the bushes behind bus shelters.

The bill would make it a violation, similar to a traffic ticket, for people to relieve themselves on public property. The maximum punishment would be a fine of $200 or eight hours of community service.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8070.