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People without housing still have legal rights when entering stores, but an invitation to shop is not unlimited permission to remain on private property. This article examines Hawaii trespass law, written commercial warnings, private arrests, and the separate defense for reasonable merchant detention. It uses statutory text, a Hawaii Supreme Court decision, and published police procedures. The sources show why a warning, an accusation of theft, and a criminal conviction should not be confused. They also show that private security involvement does not remove the need to establish the legal basis for custody. Public accommodation protections impose further limits on exclusion based on protected traits. The article does not find that every unwelcome encounter is unlawful discrimination or that homelessness creates an unrestricted right to use private premises. It identifies the records needed to evaluate disputed encounters and recommends specific, reviewable reasons for exclusion. The main policy concern is how exclusion from everyday shops can burden people whose other places to obtain basic goods are limited.
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Jeremy Koski (2026) studied this question.
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