Judge dismisses case against homeless advocate
Lahaina District Judge Annalisa M. Bernard Lee has dismissed the case against a Maui woman who was one of seven arrested for allegedly obstructing government operations and trespassing during a county attempt to clear land occupied by some homeless people on Aug. 13 in West Maui.
The judge denied a request for a continuance by the prosecutor’s office and dismissed the charges on Jan. 12 with prejudice, meaning the prosecuting attorney cannot bring up the same charges again.
Lisa Darcy, an advocate for the homeless, was arrested while witnessing the county clear an area that had been occupied by homeless people in Ukumehame.
Darcy’s attorney William Sloper described the county operation at Ukumehame as a homeless sweep disguised as fire mitigation.
The county prosecutor’s office had charged Darcy with obstructing government operations, a misdemeanor, and criminal trespass in the second degree, a petty misdemeanor.
Darcy, who pleaded not guilty to the charges, was scheduled to go to trial in Lahaina District Court on Jan. 12.
Sloper said his client went to the sweep to be a legal observer to document what was happening.
“Ms. Darcy was unlawfully prevented from filming and documenting the county’s destruction of a houseless encampmentment on public land in Ukumehame,” Sloper said. “She was then wrongfully arrested by the Maui Police Department.”
Sloper said the county sent an attorney to oversee the sweep while attempting to exclude independent legal observers. Sloper added that the county’s approach to governing the houseless community is “deeply misguided” and police should not arrest advocates who simply want to observe and document government actions.
The Maui County Emergency Management Agency said the work involved reducing hazardous fuels and ignition risks.
Darcy said she never wants to see this happen again.
“There was no evidence to support the arrest,” she said.




