State v. Zowail
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The Supreme Court reversed Defendant's conviction for violating Revised Ordinances of Honolulu (ROH) 29-5.1 for engaging in business on any public sidewalk where Defendant's operation tended to or did impede or inconvenience the public or any person, holding that the conviction was not supported by substantial evidence.
Defendant set up a table at the edge of the sidewalk along Kalakaua in Waikiki to perform a painting demonstration and showcase his art for sale. A crowd formed to watch as Defendant worked, and some pedestrians were forced to detour around the spectators. The district court convicted Defendant for violating ROH 29-5.1. On appeal, Defendant argued that the district court erroneously included the spectators as part of his "operation." The Supreme Court agreed, holding (1) a defendant's operation does not include spectators over which a defendant has no control; and (2) because there was no evidence that Defendant's operation, excluding spectators, impeded or inconvenienced any person, Defendant's conviction was not supported by substantial evidence.
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