Freedom to Walk: the high cost of jaywalking enforcement in Hawaiʻi

Enforcement of jaywalking laws is costing taxpayers money while doing nothing to prevent pedestrian traffic deaths; we need a paradigm shift in our thinking about who streets are for.


HONOLULU, Hawaiʻi — Jaywalking laws in Hawaiʻi are costly to enforce, not just in terms of revenue—where they actually lose the government money—but also in terms of costs to public health and social equity. Jaywalking laws foster hostility toward pedestrians and disproportionately affect communities of color. 

Hawaiʻi Appleseedʻs latest report, “Freedom to Walk,” advocates for a shift in resources from enforcing these harmful laws toward initiatives that focus on pedestrian infrastructure to slow vehicle speeds, increase the visibility of pedestrians, and physically separate vehicles from pedestrians, so that our streets can once again be accessible to all. 

Over the past decade, traffic fatalities in America have risen steadily, but pedestrian traffic deaths have risen far more steeply, increasing 77 percent from 2010 to 2021. However, preliminary data from jurisdictions that have decriminalized jaywalking indicates that removing penalties does not lead to increased adverse public safety outcomes. In fact, cities with the lowest traffic death rates globally—particularly in Northern Europe—have no jaywalking laws.

Jaywalking enforcement in Hawaiʻi is particularly heavy-handed, with rates that are significantly higher than other localities in the U.S. Recent data obtained from the Hawai‘i State Judiciary shows there were a staggering 30,168 jaywalking citations given in Hawai‘i between 2018 and 2023. This six-year average of 5,028 citations per year far surpasses similar studies in other U.S. localities. 

Jaywalking laws in Hawaiʻi are heavily enforced in densely populated, urban areas (with larger mixed-Asian, Native Hawaiian, and Pacific Island populations) compared to lower-density, higher income areas (with larger White populations) where these laws are not heavily enforced.

“Our current, automobile-centric transportation paradigm imposes a high cost on our communities, but particularly for people of color,” said Abbey Seitz, Hawaiʻi Appleseed Director of Transportation Equity. “Research from across the country shows people of color are disproportionately targeted by these laws. People of color are also at higher risk of both traffic violence and police violence, which are often interconnected.”

Hawaiʻi’s unusually high rate of jaywalking citations does not translate into revenue generation, either. The estimated cost of enforcing Hawaiʻi’s jaywalking laws at the rate we currently do is more than double the amount collected in fees. Clearly a better system is needed. 

Inspired by successful implementations in other states and cities, such as Virginia, California, Anchorage (AK), Denver (CO), and Kansas City (MO), Hawaiʻi Appleseed recommends that the state decriminalize jaywalking. These jurisdictions have not only reduced the burden on the justice system, but have also directed resources toward more constructive applications of traffic safety measures that can truly make a difference in pedestrian safety and public health.

Senate Bill 2630 has just crossed over to the State House and, in its current form, proposes only modest adjustments that would make relatively little difference in the current pedestrian-hostile dynamic on our streets. Hawaiʻi Appleseed hopes to see amendments in the House that would strengthen the bill, better achieving its intended purpose of empowering pedestrians to make safe decisions about crossing streets.

“As rates of traffic violence continue to rise, our research makes it clear that the current strategy of criminalizing pedestrians does not work,” said Seitz. “We need a paradigm shift in Hawaiʻi's roadway safety strategy, emphasizing the creation of safe and accessible pedestrian infrastructure, reduced vehicle speeds, and dedicated facilities for various modes of transportation.” 

Will Caron

Communications Director at Hawaiʻi Appleseed Center for Law & Economic Justice

Previous
Previous

Estate tax giveaway HB2653 would further concentrate wealth, drive inequality

Next
Next

Hawaiʻi’s conveyance tax can be an effective tool to address our housing crisis