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The Honolulu Advertiser
Posted on: Wednesday, December 21, 2005

Bill puts limits on street shows

By Robbie Dingeman
Advertiser Staff Writer

Felix Wesley is among those affected by a Council bill that bans street performances in Waikiki from 7 to 10 each night.

ADVERTISER LIBRARY PHOTO | November 2005

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Waikiki street performers would be banned from a four-block stretch of Kalakaua Avenue for three hours each night, under a bill approved yesterday by the City Council.

Merchants and other supporters of the regulation say crowds around the mimes and musicians push pedestrians into the streets, creating a public safety hazard.

But the American Civil Liberties Union of Hawai'i said the proposed ban — from 7 to 10 nightly on Kalakaua between Lewers Street and Uluniu Avenue — violates the performers' First Amendment rights.

ACLU executive director Lois Perrin has said the organization will sue if Mayor Mufi Hannemann allows such a ban to become law. Hannemann said he's planning to meet with Perrin to see if a compromise could be reached that would allow the performers to continue.

"The ball's in my court," Hannemann said.

The council voted 7-2 yesterday for the bill. Council members Nestor Garcia and Barbara Marshall voted no.

Councilman Charles Djou, whose district includes Waikiki, introduced the measure, saying he's concerned about pedestrian safety on the crowded sidewalks.

Merchants, police and the Waikiki Neighborhood Board supported the limits. The ACLU, a number of street performers and others opposed it.

Djou said the city could be sued for not taking action about the crowded sidewalks.

Jon Mitchell, who performs on the street as "the Copper Cowboy," questioned the council's priority in cracking down on street performers while allowing other problems to continue in Waikiki.

"Prostitutes in Waikiki can parade around, openly flirt and solicit men on the main street of Waikiki, the boardwalk, but a young girl is not allowed to play her violin," Mitchell said.

Hannemann has 10 working days after the bill reaches his desk to decide if he will allow it to become law or veto it.

Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com.