Disappeared News: ACLU response on Kalihi housing curfews indicates “grave constitutional concerns”

Tuesday, March 30, 2010

ACLU response on Kalihi housing curfews indicates “grave constitutional concerns”

by Larry Geller

“Implementing house arrest for public housing residents poses grave constitutional concerns…”

The access restrictions on residents of two housing projects that were described in the story Kalihi housing under curfew after feud leads to shooting (Honolulu Advertiser, 3/30/2010) raised alarm bells here at Disappeared News, so I asked the ACLU of Hawaii if this might be a problem.

Here is the response from Laurie A.Temple, Staff Attorney, ACLU of Hawaii:

Implementing house arrest for public housing residents poses grave constitutional concerns because it infringes on the fundamental rights of residents, including their rights to travel and association. We will be watching this situation very closely over the next few days and hope that the Hawaii Public Housing Authority will choose to work with the residents and community to ensure everyone’s safety and freedom, rather than treating law-abiding public housing residents like criminals.

Restrictions described in the Advertiser article include:

Residents who work at night and need to get into their homes after each night's curfew must register with security guards to be allowed on the grounds. And only immediate family members who register in advance will be allowed to stay overnight, Wise [executive director of the Hawai'i Public Housing Authority] said.

A later story added:

Police Maj. William Chur said police patrols of the projects will increase tonight and officers will be on the lookout for any problems.
"We're very concerned it could in fact escalate," he said.
Meanwhile, the thousands of residents at the two projects will be under a new curfew, from 10 p.m. to 6 a.m.
Residents who work at night and need to get into their homes after each night's curfew must register with security guards to be allowed on the grounds.