Honolulu Cart Restriction: Council Advances Bill Limiting Carts to Store Lots
Bill 53, which classifies off-premises cart possession as a petty misdemeanor, moved past its second reading despite opposition from civil rights groups.
By Samuel Hayes ·
The Honolulu City Council advanced a bill on Thursday that would restrict shopping carts to the properties of the stores that own them. The measure, known as Bill 53, effectively bans the possession and use of retail carts on Oahu unless the cart is clearly identified by a legal owner and remains on premises under that owner's control.
Under the current draft, violating the rule constitutes a petty misdemeanor. Dave Erdman, interim president of the Retail Merchants of Hawaii, argued that the legislation protects private assets. He noted that these carts, purchased by retailers for customer use, can cost between $250 and $750. With shipping costs to Hawaii and tariffs included, the price can reach $1,000 per unit.
The Honolulu Police Department and the Retail Merchants of Hawaii supported the bill. However, most public testimony opposed the measure. Critics argued the law criminalizes homelessness and is too vaguely written to handle enforcement issues related to cart ownership.
Mandy Fernandes of the ACLU Hawaii called the measure cruel and unnecessary. She stated that it criminalizes harmless conduct and wastes taxpayer dollars. Fernandes also raised serious constitutional concerns about the bill's effectiveness and cost.
Opponents suggested that if the primary goal is to address stolen property, the issue should be handled under existing theft laws rather than a new ordinance. The council passed the bill out of second reading, and it now returns to committees for further discussion before a final vote.
