Harris

We must decide whether a City and County of Honolulu ordinance violates the First Amendment or the Equal Protection Clause of the United States Constitution or the corresponding provisions of the Hawaii Constitution. The ordinance requires all publishers who wish to distribute their publications along sidewalks in the Waikiki Special District to use one of two sets of newsracks — one reserved solely for publications that charge readers and one just for free publications. We hold that the ordinance is constitutional We therefore reverse the partial summary judgment entered by the district court against the city. Because we dismiss Honolulu Weekly’s cross-appeal as being untimely, we do not address the propriety of the district court’s award of partial summary judgment to the city based on the district court’s determination that the ordinance is not content-based.

I

In 1976, in an effort to maintain and enhance community and scenic resources, the City and County of Honolulu established the Waikiki Special District in one of the most renowned, visited, and congested areas of the city. One of the ways the city sought to achieve its goals of enhancing aesthetics, reducing…