02-06-2008, 10:05 AM
Can't speak for any law I don't know, and it's wise to consult proper legal advice, but just as people misunderstand what this law means as far as what it bans, so does those who say you’re doing something wrong when you may not be.
It appears this law is not a "permission to" but rather a "prohibition against". So it does not say what can be done, it states what can not be done. Now this is not the only law covering your actions. You will also need to read up on the HCC sections governing litter control, impeding sidewalk traffic, etc. It is worthy to mention that nothing in HCC expressly and outright prohibits the distribution of handbill. Many municipalities will have laws that specifically govern the do's and don't of flyer distribution and similar items, but HCC seems to be about prohibiting offensive conduct while engaged in these activities, and not the activity itself.
Now, I am not an attorney or a representative of any Hawaii government so you need to consult one of them for the definitive answer. But a quick read should give you the most important info you need.
It appears this law is not a "permission to" but rather a "prohibition against". So it does not say what can be done, it states what can not be done. Now this is not the only law covering your actions. You will also need to read up on the HCC sections governing litter control, impeding sidewalk traffic, etc. It is worthy to mention that nothing in HCC expressly and outright prohibits the distribution of handbill. Many municipalities will have laws that specifically govern the do's and don't of flyer distribution and similar items, but HCC seems to be about prohibiting offensive conduct while engaged in these activities, and not the activity itself.
Now, I am not an attorney or a representative of any Hawaii government so you need to consult one of them for the definitive answer. But a quick read should give you the most important info you need.