ACLU plaintiffs celebrate Hawaiʻi Supreme Court decision in lawsuit over 2021 “houseless sweep” at Kanahā encampment

The American Civil Liberties Union of Hawai‘i announced a milestone in its lawsuit against Maui County aimed at the “sweep” of the Pu‘uhonua o Kanahā encampment at Kanahā Beach Park in September 2021. 

Hawai‘i Supreme Court issued a decision on March 5, 2024 stating that Article I, section 5 of the Hawai‘i State Constitution required Maui County to hold a contested case hearing before seizing and destroying the property of houseless individuals. 

Maui Now reached out to the County of Maui in an email on Monday. On Tuesday morning, an email statement was issued saying: “The County respects the decision of the Hawaiʻi Supreme Court and the concerns that motivated it. The County does not plan to appeal the Court’s decision and rather will review its policies to ensure that they comply with the Court’s ruling and our obligations to protect the rights of all of Maui’s citizens.”

In earlier press releases and commentary, the County of Maui reported that crews removed 58 tons of solid waste and 54 derelict vehicles during the cleanup, and said actions taken “were sympathetic to care for those in need.” State officials said they were concerned about the potential health hazards from trash and waste in the area of Kanahā Pond.

The ACLU Hawai‘i represented two individuals Sonia Davis and Jessica Lau, both of whom had written requests for a contested case hearing. The ACLU says those requests were “ignored” and both Daivs and Lau lost all of their personal belongings in the sweep. 

Sonia Davis, plaintiff in the case said, “For me, the sweep has been a huge stress. During the sweep, I felt like I was a target… I felt like I had no choice but to leave everything behind.”

That day, the Davis said her vital documents, vehicles, and grandchildren’s baby pictures were destroyed. “Even though we won the case I still feel hurt. It’s always going to be with me. But with this case, I finally got to be heard. And hopefully this never happens to others living on the streets; whatever they have left shouldn’t be taken away,” she said.

Taylor Brack, ACLU Hawaii Staff Attorney said, “This Hawai‘i Supreme Court decision is a tremendous victory and it should prompt all county governments to treat their houseless constituents as part of the solution, rather than the problem. Real solutions are rapid re-housing, supportive housing, transitional housing, housing vouchers, affordable and coordinated approaches. The ACLU is so proud of our clients for standing up for their rights. When we uplift and protect houseless people’s dignity and humanity, we start to build a strong, enduring community where taking care of each other is the norm. That is how we protect public health and safety. Leaving houseless people behind is not a viable option.”

Plaintiff Jessica Lau called the situation “incredibly stressful.” She said the decision gives her hope that she’s not alone. “We all come from different walks of life and many people have trauma but we’re all humans and we all should be equal. Especially when we’re just trying to live in our own community,” she said.

Community advocate and founder of Share Your Mana, Lisa Seikai Darcy, said she wants citizen equally. “We need the entire government and their partner agencies to share in this responsibility to provide systems of care and safe, sanitary shelter. This ruling holds them accountable.”

Darcy said the catastrophic fires last year has only exacerbated the existing housing crisis on Maui. She said she wants more help and protections in place.

*Maui Now’s Wendy Osher contributed to this report. Editor’s note: This post was updated to include a statement from the county that was received after initial publication.