Jaywalking remains illegal in Hawaiʻi; Freedom to Walk elevates transportation equity discussion

Affordable, accessible, and safe transportation is crucial for fostering economic justice as it enables individuals to access employment, education, and other essential services. Hawaiʻi Appleseed’s top policy priority for its newly-launched transportation equity initiative was the Freedom to Walk bill (Senate Bill 2630). If passed, the legislation would have removed legal and financial penalties for pedestrians who crossed streets safely, but outside of designated crosswalks or against traffic signals. 

This effort sought to shift public resources away from penalizing pedestrians and toward addressing the root causes of traffic violence, such as speeding and distracted driving. Hawaiʻi Appleseed also supported partner organization’s transportation policy priorities, such as efforts to increase the rebate for electric mobility devices (SB3021), and to impose rideshare fees to raise funds for the safe routes to school program (SB3022). 

While the Freedom to Walk bill did not ultimately pass during the 2024 session, the bill did pass through its referred transportation and judiciary committees in both the House and Senate. This success was a testament to the diverse coalition of community partners that showed up at the four hearings to testify in support of the legislation, including the Hawaiʻi Public Health Institute, Hawaiʻi Bicycling League, the ACLU of Hawaiʻi, and the Grassroot Institute of Hawaiʻi, among others. 

This legislative effort was also strengthened by Hawaiʻi Appleseed research, in particular the retrieval of jaywalking citation records that show the number of jaywalking-related citations given in Hawaiʻi is significantly higher than other localities in the U.S. This data was compiled into a policy report which summarized the history of jaywalking laws, the negative impacts of jaywalking enforcement, and recommendations for future transportation investment. 

This advocacy effort sparked important discussions on over-policing, and on how to better allocate public resources to enhance pedestrian safety through roadway design. The Freedom to Walk bill was featured in nearly all of Hawaiʻi’s primary local media outlets (such as Hawaiʻi Public Radio, KHON2, Hawaiʻi News Nows, and KITV), and also discussed in multiple editorial columns and op-eds. 

A primary challenge for the bill was that, throughout the legislative session, the state’s departments of transportation and law enforcement, as well as the county police departments, testified in staunch opposition. The opposition argued that repealing jaywalking laws would lead to adverse roadway safety impacts—claims that have been disproven by data collected in the localities where similar legislation has been recently passed (such as Virginia and California). Ultimately, these opposing narratives are often driven by our society’s automobile-centric understanding of mobility and safety, and unfounded and irrational fears about crime. These opposition arguments played a significant role in preventing the bill from being assigned conference committee appointments in the final stage of session. 

During the conference committee process, appointed legislators negotiate the final details of a bill to secure its passage. Despite support for the bill from community groups and agencies such as the Department of Health outweighing the opposition, and in spite of compromises already made as the bill navigated through multiple subject matter committees in both chambers, the Freedom to Walk bill ultimately did not make it past this critical stage. These challenges underscore the complexities of the legislative process, and the need for broad-based education and support from the community within the advocacy process. 

Looking forward, Hawaiʻi Appleseed is exploring new opportunities to advance the Freedom to Walk initiative, including advocacy at the county level. By engaging with county governments, Hawaiʻi Appleseed can push for localized changes that could serve as models for future statewide legislation. While Hawaiʻi Appleseed made strides to engage with legislators and stakeholders during the 2024 session, the road ahead requires even greater involvement from impacted residents—particularly from those who have been involved in jaywalking-related police enforcement. Future advocacy will also include engagement with enforcement agencies. 

Hawaiʻi Appleseed will also continue to build on the discussions initiated during this legislative session with the support of the Urban Institute Catalyst Grant Program. By maintaining the focus on data-driven strategies to address systemic roadway safety issues, we can push for investments in infrastructure that slows vehicle speeds, increases the visibility of pedestrians, and physically separates vehicles and pedestrians.