Include Oahu in jaywalking reform, don’t limit change to pilot program

The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the House Committee on Judiciary and Hawaiian Affairs on April 3, 2025.
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April 2, 2025, 2 p.m.
Hawaii State Capitol
Conference Room 325 and Videoconference

To: House Committee on Judiciary & Hawaiian Affairs
       Rep. David A. Tarnas, Chair
       Rep. Mahina Poepoe, Vice Chair

From: Grassroot Institute of Hawaii
            Ted Kefalas, Director of Strategic Campaigns

RE: TESTIMONY IN SUPPORT OF SB106 SD1 HD1 — RELATING TO PEDESTRIANS

Aloha Chair Tarnas, Vice Chair Poepoe and other members of the Committee,

The Grassroot Institute of Hawaii would like to offer its support for SB106 SD1 HD1, which establishes a limited three-year Pedestrian Safety Pilot Program. Pedestrians in the counties that participate in the program would be allowed to cross the street outside of marked crosswalks when it is safe to do so.

We appreciate the Legislature’s willingness to consider pedestrian-centered reform, but we are disappointed that SB106 has been reduced to a limited pilot program. We are especially troubled to see that Oahu is excluded from the program, given that Oahu is where the vast majority of jaywalking citations occur. It seems counterproductive to create a pilot program without including the county where the program would be most relevant.

Research from the Hawai’i Appleseed Center for Law and Economic Justice reveals that annual per capita jaywalking citations in Hawaii outstrip locations like New York City or the entirety of Washington State by more than 5,800%.[1] Moreover, jaywalking citations issued in Hawaii are highly concentrated at certain locations.[2] Together, these two facts suggest that something other than public safety is motivating the state’s excessive enforcement of jaywalking laws.

Another reason to reexamine jaywalking laws can be found in the evidence that such laws have been disproportionately enforced against disadvantaged groups and minorities.[3] Previous versions of SB106 even noted that, “fines forpedestrians can have a disproportionate impact on people who donot drive and who primarily rely upon walking as a means oftransportation.”

As for the legitimate worries about safety, a study by the World Health Organization cited by Bloomberg found that the U.K. has about half as many pedestrian deaths per capita as the U.S., despite allowing pedestrians to cross where they please.[4]  And in Norway, the world leader in eliminating pedestrian traffic deaths, again “there is no rule against jaywalking.”[5]

We urge the Committee to expand the pilot program to include Oahu.

Thank you for the opportunity to testify.

Ted Kefalas
Director of Strategic Campaigns
Grassroot Institute of Hawaii
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[1] Abbey Seitz, “Freedom to Walk: Decriminalizing Jaywalking and Shifting Investment Towards Safe, Accessible Pedestrian Infrastructure,” Hawaii Appleseed Center for Law & Economic Justice, March 2024, p. 7.
[2] Ibid, pp. 8-9.
[3] Angie Schmitt, “The Progress of Jaywalking Reform,” America Walks, June 19, 2022.
[4] Angie Schmitt and Charles T. Brown, “9 Reasons to Eliminate Jaywalking Laws Now,” Bloomberg, Oct. 16, 2020.
[5] Ibid.

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