STAND. COM. REP. NO. 3393

Honolulu, Hawaii

RE: S.C.R. No. 186

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Transportation and Energy, to which was referred S.C.R. No. 186 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THAT PARTICIPANTS IN PUBLIC DEMONSTRATIONS OTHER THAN RECOGNIZED EVENTS SUCH AS MARATHONS AND PARADES FOLLOW TRAFFIC LAWS WHEN CROSSING STREETS,"

begs leave to report as follows:

The purpose and intent of this measure is to keep motorists and participants in marches, rallies, and public demonstrations safe, by:

(1) Requesting demonstrators to follow traffic laws and public safety ordinances when crossing streets; and

(2) Urging law enforcement to consider the safety and convenience of demonstrators and motorists.

Your Committee did not receive any testimony on this measure.

Your Committee finds that public demonstrations have played a significant role in shaping the United States. However, while such demonstrations are protected by the Constitution, the right to peaceably assemble is not absolute; restrictions can be placed on the time, place, and manner of peaceable assembly in order to keep the community safe. This measure emphasizes the need to balance the rights of demonstrators and the safety and security of the public by requesting demonstrators to be mindful of traffic laws and public safety ordinances and law enforcement to consider the well-being of demonstrators and motorists. Your Committee notes that a recent demonstration with a significant number of demonstrators resulted in traffic congestion when a stream of demonstrators ignored traffic signals as they crossed the street.

Your Committee has amended this measure by:

(1) Requesting demonstrators to follow traffic laws and public safety ordinances in general, as opposed to just when crossing streets;

(2) Applying the request to "permitted" events, as opposed to "recognized" events; and

(3) Amending its title in accordance with its amended purpose.

As affirmed by the record of votes of the members of your Committee on Transportation and Energy that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 186, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 186, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Transportation and Energy,

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LORRAINE R. INOUYE, Chair