Why Criminalizing Shopping Carts Hurts Our Community—And What Comes Next for Bill 53

On November 5, 2026, the Honolulu City Council voted 7–2 to advance Bill 53 (2026), CD1 on second reading—moving one step closer to making it a petty misdemeanor to possess a shopping cart off store property. Under the bill, someone could face up to $2,000 in fines and 30 days in jail simply for having a cart, regardless of whether it was stolen.

At the November 5 hearing, our Policy Director, Mandy Fernandes, joined community members in testifying against this measure. While the council chose to advance the bill, the fight is far from over. Bill 53 now heads back to committee before returning to the full council for a third and final vote on December 2, 2026.
Here is why this issue matters—and why we must continue standing together against policies that criminalize poverty.

• Theft Is Already Illegal: Stealing and abandoning shopping carts are already against the law in Hawaiʻi. Bill 53 creates a duplicative criminal offense that treats a single type of property as contraband, diverting police officers and taxpayer resources away from genuine public safety priorities.
• It Criminalizes Survival and Poverty: For many of our unhoused neighbors, a cart is the only way to keep their essential belongings, medications, and identification safe while navigating daily life. Slapping a $2,000 fine or a 30-day jail sentence on someone living in poverty does nothing to clear sidewalks or address the root causes of houselessness—it only traps people deeper in the criminal legal system.
• Broad Language Threatens Everyday Residents: As written, the bill’s overly broad definition of a shopping cart puts everyday residents at risk, including kūpuna and families who rely on personal folding metal handcarts to carry groceries home.
• Serious Constitutional Concerns: Bill 53’s strict liability standards and disproportionate punishments raise major constitutional red flags around fair notice, vagueness, and excessive penalties.

At the ACLU of Hawaiʻi, our advocacy is guided by aloha, compassion, and justice. Real public safety does not come from handcuffs or short-term jail stays—it comes from addressing the structural issues driving houselessness in our islands. Instead of punitive ordinances, Honolulu should invest in proven, commonsense alternatives:

• Supportive Housing and Wrap-Around Services: Expanding access to affordable housing, mental health care, and social services that help people stabilize and thrive.
• Free, Secure Public Storage: Providing safe lockers or storage spaces in public areas so unhoused residents do not have to carry every possession with them at all times.
• Retailer Prevention Grants: Offering grant assistance to help businesses equip their carts with anti-theft wheel-locking technology rather than relying on police enforcement.

Bill 53 is not law yet. Because the measure passed second reading, it returns to the Public Safety and Economy Committee before its final reading before the full Honolulu City Council on December 2, 2026.

Our lawmakers need to hear that Honolulu residents want compassionate, effective solutions—not the criminalization of our most vulnerable neighbors. Follow the ACLU of Hawaiʻi on social media and sign up for our action alerts so you are ready to submit written or oral testimony when Bill 53 is scheduled for its next hearing.

Together, we can demand policies that uphold the dignity and civil rights of everyone in Hawaiʻi.