Injunction sought against trespass law

By Ken Kobayashi
Advertiser Courts Writer

The American Civil Liberties Union of Hawai'i is asking for a court order barring the state from enforcing a law that gives public officials the authority to ban individuals from public places.

U.S. District Judge Helen Gillmor will hear the request for a preliminary injunction on Oct. 25.

The request is an offshoot of the ACLU lawsuit filed earlier this month challenging the state law known as Act 50, which was passed by the state Legislature and signed into law by Gov. Linda Lingle in May.

The suit is on behalf of Carlos Hernandez, who was told by a guard in May that he could not return to the Hawai'i State Library for a year after he used a library computer to visit a gay Web site's chat room.

The ACLU contends that the law undermines constitutionally protected speech and activities. Lois Perrin, legal director for ACLU's Hawai'i chapter, said the law is "impermissibly vague" because it doesn't define what kind of conduct would justify officials banning someone from public property.

The state, however, maintains the law is consistent with other trespassing laws. Attorney General Mark Bennett has said the state has a right to protect its interests and there are situations in which it is appropriate to bar people from state premises. Just because an official might misuse the law does not render it unconstitutional, he said.

The law was written by Sen. Robert Bunda as a way of removing homeless people living at Mokule'ia beaches.

It permits public officials to ban for a year individuals from using public spaces such as beaches, streets, sidewalks and public buildings.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.