Dear Councilmember Djou:
The ACLU has been troubled by the patently false and misleading public statements that you have made, in your official capacity as a Councilmember, about the cause of homelessness in Hawaii. We are writing you to correct the record.
Repeatedly, you have publicly and mistakenly claimed that the City and County of Honolulu's camping ordinance was invalidated as a result of a lawsuit by the American Civil Liberties Union of Hawaii (ACLU). Your statements suggest that the ACLU is to blame for the increase in the number of homeless individuals and families in City and County parks.
It is disturbing when a public official makes assertions without even the most basic of fact-checks. Furthermore, your false accusations that the ACLU is somehow to blame for the homelessness epidemic do nothing to address the root causes of homelessness.
First, as to your public misstatements: in your official capacity as a Councilmember, you have made statements - available on the County's website1 - that the ACLU was involved in a civil lawsuit concerning the Hawaii's Supreme Court’s invalidation of the County’s camping ordinances. This is not true. In fact, the Hawaii Supreme Court invalidated the ordinance upon review of an appeal from a criminal conviction. [State v. Beltran, 116 Hawai'i 146, 172 P.3d 458 (2007).] As prominently noted at the beginning of the opinion, the Appellant-Defendant, Ms. Beltran, was represented in the matter by the Public Defender’s office and not by the ACLU of Hawaii. Indeed, the ACLU of Hawaii had no role in this case at all.
Your press release, as well as your November 1 journal article in the East Oahu Sun, Fixing Honolulu’s Illegal Camping Problem,2 appear to conflate the Beltran case with two lawsuits brought by the ACLU of Hawaii. The first lawsuit concerned advocates who were unlawfully arrested while exercising their First Amendment rights, peacefully protesting at City Hall. The second lawsuit (filed on behalf of Reverend Bob Nakata, Reverend Sam Cox and The Interfaith Alliance Hawaii) charged that the County acted unconstitutionally by attempting to restrict the First Amendment rights of one group of people (those people experiencing homelessness and their advocates) more severely than other members of the public. The County promptly settled the cases - a fact of which you are surely aware given that the terms of the settlement were approved by the City Council (of which you were a member at the time). Indeed, the County and the ACLU issued a joint press release setting forth the details of the settlement.
The ACLU filed these two lawsuits in 2006 because the County was violating the First Amendment rights of its citizens. These lawsuits had nothing to do with camping ordinances. As an elected public official, it is incumbent upon you to discharge your duties honestly and truthfully. Therefore, we request that you retract and/or clarify your statements accordingly, and these inaccurate statements should be removed immediately from the County’s website.
Rather than waste precious county taxpayer resources erroneously blaming the ACLU for the homeless crisis, we urge you to focus your efforts instead on helping this most vulnerable population. Regrettably, too often it requires a community advocate like the ACLU to remind government officials of their legal responsibilities towards its neediest citizens.3
In sum, the ACLU requests that you issue an appropriate retraction or clarification of your recent statements. But more importantly, we hope that you will get back to the work of improving the lives of all Hawaii's people. In the meantime, the ACLU will continue to fulfill its mission of protecting fundamental rights for all people, and I and look forward to working with you and with the rest of the County Council in furthering this goal.
Lois K. Perrin, Legal Director