What to Do If Cited: A Guide for Waikiki Buskers

1. Comply Immediately to Avoid Arrest

• Hand Over ID: You must provide your legal name and identification if requested during a citation.
• Stop the Activity: Obey the officer's immediate command to remove the sign or stop the music.
• Do Not Physically Resist: Never physically block an officer from touching your gear or the sidewalk.
• Never Argue or Threaten: Keep your tone calm and professional; do not give them a reason to upgrade your ticket to an arrest.

2. Document Everything on Camera

• Record the Interaction: Use your phone to safely record video and audio of the entire interaction.
• Photograph the Scene: Take clear, close-up, and wide photos of your performance layout immediately.
• Show the Footprint: Ensure photos prove your gear takes up less than 10 square feet (per performer) and does not block pedestrians.
• Document the Ground Sign: If cited for a taped sign, photograph it to prove it is flat, safe, and easily walked over.

3. Ask for the Exact Code Violation

• Get the Specific Law: Politely ask the officer, "What specific Chapter and Section of the Revised Ordinances of Honolulu am I violating?"
• Check the Ticket: Ensure the officer writes the exact code number (e.g., ROH 13-16.3 or ROH 21-7.30) clearly on the citation.
• Get Officer Details: Note the officer's name, badge number, and the exact time of the incident.

4. Preserve Your Legal Defenses

• The Expressive Activity Shield: Under ROH Section 13-16.6, items that directly facilitate free, voluntary artistic expression are explicitly exempt from standard "sidewalk nuisance" laws.
• The Flat Sign Defense: Under the legal principle of ejusdem generis, Honolulu’s sign and encroachment laws (ROH Chapters 14 and 21) are meant for large, rigid, physical structures that block traffic—not zero-profile laminated paper.
• State Your Passivity: If ordered to take a physical action (like remove a sign) and you choose not to, state clearly on video: "Officer, you are physically free to remove the sign yourself. I will not interfere, but I am choosing not to remove it myself." (This prevents a false charge of Obstructing Government Operations under HRS § 710-1010). Note: If you refuse to comply with the order directly, many officers will see this as an escalation and may look for additional options for citations or arrest.

5. Fight the Ticket in Court

• Plead Not Guilty: Do not just pay the fine, as paying is a legal admission of guilt. Follow the instructions on the ticket to request a court hearing at the District Court of the First Circuit in Honolulu.
• Contact Legal Advocates: Reach out immediately to the local First Amendment legal aid groups listed below to report the citation and ask for guidance.
• Bring Your Evidence: Present your video, photos, and statutory exemptions directly to the judge to request a dismissal.

ACLU of Hawaiʻi Legal Assistance ↗

• Focus: Defends First Amendment rights, artistic expression, and constitutional protections on public sidewalks. They track city code overreach and police harassment against buskers.
• Intake: Submit a formal request online through acluhi.org.
• Phone: (808) 522-5900 (General info and voicemail only; legal intake must be processed online).

Legal Aid Society of Hawaiʻi ↗

• Focus: Offers critical civil legal assistance to individuals meeting low-to-moderate income guidelines.
• Oʻahu Intake Hotline: (808) 536-4302
• Neighbor Islands Hotline: 1-800-499-4302
• Hours: Mon–Fri, 9:00 AM – 11:30 AM & 1:00 PM – 3:30 PM.

Hawaii State Bar Association Lawyer Referral Service ↗

• Focus: Matches you with a qualified local criminal defense or civil rights lawyer if you need to hire a private attorney to challenge your citation.
• Phone: (808) 537-9140
• Email: LRIS@hsba.org

HSBA Wednesday Legal Line ↗

• Focus: Free public service where volunteer attorneys answer phone lines to provide quick, limited legal information and advice about Hawaii laws.
• Phone: (808) 537-1868
• Hours: Wednesdays only, 6:00 PM – 7:00 PM HST.