Hawaii County Mayor Kimo Alameda announced Wednesday that he vetoed County Council Bill 59 on July 31, a rare move that challenges a recently passed ordinance regulating pedestrian behavior near roadways.
The bill, which the council approved 7-2 on July 9, sought to prohibit pedestrians from entering or remaining within 15 feet of a roadway to solicit or offer rides, employment, business or any other goods or services from occupants of vehicles unless those vehicles were legally parked.
Councilwomen Jenn Kagiwada and Michelle Galimba were the two “no” votes.
Under the ordinance, violations would carry fines ranging from $250 to $1,000 and community service requirements of between 50 and 200 hours, with increased penalties for repeat offenses within one year.
The bill amended Chapter 24, Article 9, of the County Code relating to pedestrian conduct.
In his veto message, the first of his term, Alameda expressed concerns the legislation could infringe upon constitutionally protected speech and expression in public spaces and expose the county to legal challenges.
He also noted that the bill’s restrictions could interfere with the use of “flag stops” on certain county bus routes.
“While the bill attempts to address public safety concerns, we must be careful when restricting use or access to public rights of way,” Alameda said. “Such legislation needs to be legally sound and equitable in its applications.”
The bill’s sponsor, council Chair Holeka Inaba, said in a statement to the Tribune-Herald: “Following new legal guidance from our Corporation Counsel after the council’s final action on Bill 59, I appreciate Mayor Alameda’s commitment to prioritizing the best interests of both the county and the public. The council remains committed to working with community partners to introduce a new bill that upholds the safety measures intended in Bill 59 while also addressing the identified legal concerns.”
Inaba did not answer a question about whether the council would attempt to override the veto.
The council needs six affirmative votes to override the mayor’s veto. This is because the council consists of nine members, and a two-thirds majority is typically required to override a mayoral veto.
Email Daniel Farr at dfarr@hawaiitribune-herald.com.
