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HONOLULU (Island News) — A proposed Honolulu City Council bill aimed at keeping shopping carts off public streets and sidewalks is sparking debate over property rights and its potential impact on people experiencing homelessness.
Bill 53 would establish criminal penalties for possessing shopping carts in public, with violators facing fines of up to $2,000 or 30 days in jail.

Supporters said the measure would help protect businesses from the cost of replacing stolen shopping carts. But opponents worry it could criminalize people experiencing homelessness who rely on carts to transport their belongings.

Dave Erdman of Retail Merchants of Hawaii said businesses have a right to protect their property.

“When someone takes a cart without permission, isn’t that like taking somebody’s personal property? It’s no different in principle from taking merchandise without paying,” Erdman said.

However, the American Civil Liberties Union of Hawaii argues the proposal could have serious consequences for people without stable housing.

Mandy Fernandez, policy director for the ACLU of Hawaii, questioned what would happen to someone’s belongings if they were arrested for possessing a shopping cart.

If you don’t have a house and you have no way of moving your belongings around, and you find a shopping cart and you’re pushing around your belongings, and then you’re arrested, and what happens to your belongings?

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Fernandez said.

For some people living on the streets, shopping carts serve as a way to carry nearly everything they own.

Tului Tiapula, who spoke with me about the struggles of living on the street, urged compassion for those trying to get back on their feet.

“They should just let the people go until they get back on their feet,” Tiapula said.

The proposal advanced out of committee Thursday, Oct. 22, and now heads back to the full Honolulu City Council for further consideration.

Residents will have another opportunity to provide testimony and weigh in on the proposed penalties before councilmembers make a final decision.