In his first official policy challenge to the City Council, Mayor Mufi Hannemann yesterday vowed to veto a bill that would ban street performers in a four-block stretch of Waikiki for three hours nightly.

The council passed the measure by a 7-2 vote last month, saying the bill comes in response to a growing public safety hazard as people crowd around the various mimes and musicians on the busy street.

That same majority likely would be inclined to override the veto, said City Council Chairman Donovan Dela Cruz.

Hannemann said it was clear to him that the American Civil Liberties Union of Hawai'i would sue the city if the bill becomes law and that's why he worked to fashion a compromise measure similar to those found in cities such as Baltimore and Santa Monica.

He said the compromise would allow some performers in six areas within the four-block stretch of Kalakaua Avenue between Lewers Street and Uluniu Avenue but keep them farther from traffic. His measure also would require performers to pay a licensing fee of about $20.

Charles Djou, the councilman who represents the area, said he was "extremely disappointed" to hear that Hannemann would reject the bill. Djou said he would push for an override to allow the city ordinance to be enacted despite the mayor's objections.

Merchants and community groups have supported the limits but a mix of musicians, residents and visitors have opposed them, saying the performers add color and character to the walkway.

Djou said Hannemann was giving in to "the intimidation of the ACLU."

ACLU legal director Lois Perrin said the organization appreciated the opportunity to work with Hannemann on "reaching a compromise over this very controversial issue."

She said the organization sees the new proposal is "a step in the right direction because it strives to strike a balance between protecting the free speech of the performers and the perceived need for public safety."

Perrin said the licensing fee proposed by the city is nominal and similar to what has passed legal scrutiny in other cities.

"The ACLU will not take legal action against the compromise ordinance on the basis of the language alone," Perrin said.

Council Chairman Dela Cruz said that after the mayor vetoes a measure, the council must wait at least five days to override but must act by the 30th day.

The council's first opportunity to override Hannemann's veto would be its regularly scheduled meeting on Jan. 25. Dela Cruz said he's inclined to override the veto and allow the original bill to become law — but then immediately consider Hannemann's compromise with an eye toward amending the new ordinance.

Djou, who also is a lawyer, said he would give the new proposal "serious consideration" but "I don't think it has merit."

Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com.