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The Honolulu Advertiser
Posted on: Monday, May 29, 2006

Parade limits must heed Constitution

GET INVOLVED

The public will have a chance to provide input on on parade restrictions in Waikiki.

When: June 7, 2 p.m.

Where: Honolulu City Council Chambers, Honolulu Hale, 3rd floor

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Not everyone loves a parade — at least, not in Waikiki.

More than a tourist destination, Waikiki is also a local neighborhood that has unintentionally become the unofficial parade site of O'ahu. Last year, organized celebratory marches for everything from the military to Spam have shut down that neighborhood's streets more than 60 times. Waikiki had 12 parades in March 2005 alone.

That's why some residents feel Waikiki bears an excessive burden of the city's parade load. And rightly so. The City Council is correct to respond to residents' complaints by crafting an ordinance restricting parades.

But the council will have to tread carefully to come up with a law that balances the concerns of the neighborhood along with the constitutional principle that parades are public assemblies and showcases of free speech protected by the First Amendment.

The council is considering a limit of two parades a month for Waikiki.

On the surface, that sounds reasonable. The city retains the right to schedule and issue parade permits, and the impact on the community most affected should be a large part of that decision. Residents are the ones dealing with the noise, traffic and other health and safety concerns.

Of course, the council must also recognize that people have a right to assemble, with no restrictions based on content or politics. That has been the standard here since 2001 when the American Civil Liberties Union sued over excessive parade restrictions and scheduling and won a settlement from the city.

It will be a challenge for the council to come up with an ordinance within the boundaries outlined in that settlement.

Still, one community should not have to bear the brunt as the city's de facto parade route. Sensible limits are good, especially if residents can substantiate that ongoing noise and street closures compromise health and safety.