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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
169 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
Requesting that participants in public demonstrations other than recognized events such as marathons and parades follow traffic laws when crossing streets.
WHEREAS, the First Amendment to the Constitution of the United States of America grants the right of free expression, including the right to peaceably assemble; and
WHEREAS, public demonstrations have a long history in the United States as a means by which the public may express support for policies, voice outrage for injustices, and call for action on the part of elected officials and other public figures; and
WHEREAS, although the right to peaceably assemble is a valuable and vital component of public engagement in the United States, it is not absolute; and
WHEREAS, the Supreme Court of the United States of America has consistently held in numerous cases, including Ward v. Rock Against Racism, 491 U.S. 781, 109 S.Ct. 2746 (1989), that the government may impose restrictions on the time, place, and manner of peaceable assembly, provided that constitutional safeguards are met; and
WHEREAS, the right of demonstrators to assemble and express their position must be fairly and justly balanced against the government's interest in providing for the safety and security of the public; and
WHEREAS, many counties, municipalities, and other local governments require the organizers of public demonstrations and other public events to apply for and be granted a permit; and
WHEREAS, even if a public demonstration or other event does not require a permit, local governments may still require participants to follow traffic and public safety ordinances; and
WHEREAS, law enforcement, including sheriffs with the Department of Public Safety, direct traffic during public demonstrations, which sometimes impede traffic unnecessarily, causing unsafe conditions for pedestrians and motorists; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the Senate concurring, that organizers and participants in marches, rallies, and public demonstrations are requested to follow traffic laws and public safety ordinances when crossing streets; and
BE IT FURTHER RESOLVED that law enforcement, including the sheriffs of the Department of Public Safety, are urged to consider the safety and convenience not just of demonstrators but of motorists as well; and
BE IT FURTHER RESOLVED that this request does not apply to recognized and permitted events such as marathons and parades; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Public Safety, Office of the Mayor of each county, and Chief of Police of each county.
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OFFERED BY: |
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Public Demonstrations; Obeying Traffic Laws Crossing Streets