Why the city is banning lying down at bus stops

The purpose of this article is to prohibit, subject to exceptions, persons from lying down within bus stop areas. The council of the City and County of Honolulu finds: (a) The city has invested significant public resources in the development and maintenance of city bus stops, including the benches and shelters that are intended to serve patrons of the city’s bus system and are necessary to the city’s provision of convenient and efficient bus service, which for many Oahu’s residents, is an essential mode of transportation to get to and from work, to move about from place to place, and to access entertainment, goods, and services. (b) Bus stop areas are created and maintained for the primary purpose of enabling safe and convenient access to the city’s bus system. Lying down in bus stop areas is not a customary use of a bus stop. Persons who lie down in bus stops impede and deter others from using the city’s bus system; thus, they discourage residents from using the bus to get to and from work, and residents and visitors from using the bus system to get from place to place to access local shops, restaurants, entertainment, and goods and services. (c) The need to maintain access to the city’s bus system through the bus stops is greatest during the hours from 4:00 a.m. of one day and 1:00 a.m. of the following day when the city’s bus system is primarily in operation. Persons who lie down in bus stop areas during this period threaten their own safety and the safety of bus patrons, especially the elderly, disabled, vision-impaired, and children, who are put at increased risk when they are unable to safely sit or stand at a bus stop or safely board or alight from a city bus because persons are lying down in the bus stop area. (d) The prohibition against lying down in bus stop areas set forth in this ordinance leaves intact the individual’s right to speak, protest or engage in other lawful activity in any bus stop area consistent with the individual’s free speech rights. In addition, the prohibition contains exceptions for medical emergencies, and expressive activities, among others. (e) The council acknowledges that there are reasons why one might lie down in a bus stop area. The city has offered and continues to offer services to those engaged in lying down in a bus stop area who appear to be in need, or to those who request service assistance. However, in many cases, these persons refuse such services or continue the conduct despite the accessibility of these services. The city will continue to invest in services for those in need, and to make efforts to maintain and improve safety in bus stop areas for everyone. A law enforcement officer may not issue a citation to a person for a violation of this ordinance without first warning the person that lying down in a bus stop area is unlawful. (f) Bus patrons are discouraged from using bus stop areas if persons are lying down in the bus stop area or on the sidewalks immediately abutting the bus stop area, deterring and discouraging persons from accessing and using the city bus system as a means of transportation.