A win win for the city and Deoccupy protestorsUPDATED 9:33 PM HST Dec 07, 2013Video Transcript
protestors are calling it a "WIN"... but so is the CITY. A federal judge has ruled the city can enforce its sidewalk nuisance law -- but must change the way it notifies people. The prime location for deOccupy protestors -- Thomas Square at Beretania Street and Ward Avenue -- was clear today -- and has been for about a week. Two members asked the judge to declare the law known as Bill 7 "unconstututiona l" -- and to order the city to stop enforcing it. But Judge Leslie Kobayashi has denied those requests saying ... "The plaintiffs are not likely to succeed on the merits of their claim... " that "The public has a legitimate interest in being able to safely use public sidewalks ... and to be free from nuisances on those sidewalks." But the judge DID order the city to return seized property -- AND inform people whose property is being removed -- that they can get what she called "necessary" items back without a fee or a hearing. The city says it is pleased with the ruling. But on the DeOccupy Honolulu facebook page, organizer Chris Smith called the ruling a "WIN" for the group. He went on to say: "Members have begun to spread out to other areas where houseless sleep in hopes of organizing and educating people of their rights with raids." The suit could go to trial next year.