WAILUKU — Homeless people cleared from an encampment near a Kahului park have sued Maui Mayor Michael Victorino and Maui County, saying the move was unconstitutional and violated their rights.
Sixty-four people were forced to vacate or face arrest, said the American Civil Liberties Union, which is representing the lawsuit’s four plaintiffs. Many lost vehicles, clothing and cooking supplies, The Maui News reported.
The lawsuit filed in 2nd Circuit Court asks a judge to declare that each plaintiff’s procedural due process rights and their right to be free from unreasonable search and seizures were violated.
“The county appears to believe that our clients are not entitled to constitutional protections because they are houseless and reside in public spaces,” Wookie Kim, the legal director of the ACLU of Hawaii, said in a news release Tuesday.
A county spokesperson said the county doesn’t comment on pending litigation.
Victorino said in an Oct. 2 column in The Maui News that the encampment was creating hazards for the nearby wastewater treatment facility and Kanaha Pond. He said Amala Place had been reclaimed “as a clean, safe roadway for public access to Kanaha Beach Park.”