Why Waikiki has rules for handing out flyers

(a) The council finds that reasonable regulation of handbilling activities upon certain public streets, sidewalks, alleys, and other public places within Waikiki is a matter of compelling interest to the city. The council finds a compelling need in this district to ensure the safety and welfare of both motorists and pedestrians. (b) The Waikiki district is the heart of the city’s tourist industry and a major business, entertainment, and recreation area for visitors and residents alike. In 1986, there were approximately 5.6 million visitors to the State. The visitor industry is an essential component of the economic vitality of the area and the State. On an average, there were approximately 66,000 visitors in the Waikiki district each day. In addition to this, the resident population of the Waikiki district is approximately 23,000 people. As a result, travel through the district is hindered by heavy pedestrian and vehicular traffic and congestion at all times of the day. Pedestrian traffic counts on the sidewalk at critical spots along Kalakaua Avenue alone during peak hours reach over 3,900 pedestrians per hour, an extraordinarily high volume. Daily pedestrian traffic on the mauka side of the street at the International Market Place in both directions during peak tourist season is estimated at 39,600. Peak season daily pedestrian traffic on both sides of the street exceeds 65,000. Similar extraordinarily high pedestrian traffic is also found on the sidewalks along Kuhio Avenue and sections of Lewers Street. The city’s interest in open and attractive sidewalks extends throughout the Waikiki special district. (c) Handbilling activities conducted at or close to intersections, crosswalks, bus stops, and driveways impede the flow of pedestrian and vehicular traffic, leading to erratic, evasive maneuvers and posing the hazard of diverting the attentions of and endangering drivers, pedestrians, and those alighting from buses. Further, handbillers who obstruct the paths of pedestrians or who, without the consent of the pedestrians, thrust handbills in their faces or touch their persons or property, create hazardous situations, such as pedestrians stepping into busy streets or colliding with other pedestrians to avoid unwanted contacts with handbillers. This danger is minimized when handbillers are prohibited from engaging in handbilling in or in close proximity to such safety sensitive areas as driveways, crosswalks, bus stops, and intersections. Accordingly, this article is designed to protect the safety of the public and to restrict handbilling activities in only those areas creating the greatest hazards to pedestrian and motorist safety. (d) The provisions of this article are declared to be necessary for the accomplishment of the following purposes: (1) To ensure that persons desiring to engage in handbilling activities in Waikiki are given a reasonable opportunity to do so; (2) To ensure the safe, unrestricted, free and orderly flow of vehicular and pedestrian traffic on the most hazardous portions of sidewalks in Waikiki; and (3) To protect the visitor industry in the State, the heart of which is the Waikiki peninsula, by protecting the safety of our visitors. (e) The provisions of this article are not intended to cover the dispensing of written materials by newsracks or peddling activities covered by Article 6 .