Options for Challenging Enforcement of Specific Ordinances

Option 1: Comply on the Street, File an Administrative Appeal (Safest)

You can comply with the officer's order under protest to avoid immediate arrest or property seizure, and then file an administrative appeal challenging the underlying policy.

The Process: File a formal administrative challenge with the Honolulu Department of Planning and Permitting (DPP) or the Department of Facility Maintenance (DFM), depending on which agency's rules the officer cited. You would argue that their enforcement of the ordinance in question was incorrect, and provide your legal justifications.

The Goal: To obtain an official administrative ruling or a declaratory judgment stating that the city’s policy cannot be applied to the scenario in question.

Option 2: Refuse, Accept the Citation, and Fight it in Court

If you refuse to comply with an order, the officer will likely issue a citation (a criminal or civil infraction ticket) for a violation like creating a sidewalk nuisance, Peddling, etc.

The Process: You would plead "not guilty" and go to trial at the District Court of the First Circuit (Honolulu). Note: Many of the citations (like amplification) are commonly dismissed before you even see the judge.

Your Legal Defense: In court, you (or your attorney) would formally present the statutory interpretation arguments that protect your expressive activity.

The Risk: If you refuse a direct order on the street, the officer might bypass a simple citation and arrest you for Obstructing Government Operations (Haw. Rev. Stat. § 710-1010) or Disorderly Conduct. The application of either of these laws is also questionable. The official Hawaii Penal Code commentary accompanying HRS § 710-1010 states that the statute "requires that the obstruction be by means of violence, force, or physical interference." Passive refusal does not meet this threshold. That said, an aggressive officer on the street will rarely concede the point. If you refuse to comply with an order, they will typically shift to alternative criminal charges to justify an arrest.

Option 3: Seek Civil Rights/First Amendment Litigation (Federal Court)

If HPD or the City of Honolulu exhibits a pattern of harassing you or other street performers over specific expressive activities, you can take action without waiting for a ticket.

The Process: Partner with a civil rights attorney or an organization like the ACLU of Hawaiʻi. They can file a civil lawsuit against the City and County of Honolulu in the U.S. District Court for the District of Hawaiʻi. If you wish to pursue this option, the Waikiki Street Performer Association would like to assist and join you in this effort.

The Goal: To sue for a violation of your First Amendment rights under 42 U.S.C. § 1983. Your legal team would seek a preliminary injunction—a court order explicitly banning HPD from forcing street performers to comply with a specific enforcement activity (remove signs/props, turn off amplification, etc.). Historically, federal courts in Hawaii have been highly favorable to street performers when the city overreaches on public sidewalks.