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Hawaii residents and Hawaii property owners recently challenged Hawaii’s quarantine extension in a lawsuit against the state’s governor.
Plaintiffs Holly Carmichael, Timothy Aaron Carmichael, Brooke McGowan and Russell Hirsch argue that their constitutional rights were violated when Hawaii Gov. David Ige extended the state’s quarantine order.
According to the plaintiffs, this extension is unconstitutional and unlawful, and has injured them.
In the beginning of their complaint, the plaintiffs reference a 1958 opinion by Justice William O. Douglas in Kent v. Dulles, in which the judge stated: “Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, may be necessary for a livelihood. It may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.”
This ruling resonates with the plaintiffs own argument that their constitutional rights are being violated due to the burden of the extended Hawaii quarantine.
Some of the plaintiffs are Hawaii residents who are unable to leave the state to visit their loved ones. Other plaintiffs are out-of-state residents who own property in Hawaii. As a result of the Hawaii quarantine extension, these individuals have allegedly been unable to tend to their properties and personal business in the state.
Further the plaintiffs have had their travel plans disrupted by the extensions.
All of the plaintiffs in the Hawaii quarantine order lawsuit argue that their rights under the Fifth and Fourteenth Amendments have been violated by the denial of their right to travel, liberty and equal protection.
Gov. Ige reportedly issued his first quarantine order in early March due to the mounting pressure of the coronavirus outbreak, despite the fact that no coronavirus cases had been reported before that date.
The governor’s order was set to last through April 29 – in line with Hawaii’s limitations on state of emergencies to a length of only 60 days.
However, after positive COVID-19 cases were confirmed in the state, Gov. Ige allegedly extended the statewide quarantine through May 15. Since then, the governor has repeatedly extended the Hawaii quarantine – now in effect through July 31.
The changes to the Hawaii quarantine order also implemented social distancing, nonessential business closures, a 14-day mandatory quarantine for people entering the state and more.
Failure to follow this quarantine order carries a penalty of up to $5,000 and up to one year in jail.
The plaintiffs argue these extensions and “house arrest” measures are unlawful under Hawaii law based on the fact that there is no longer a state of emergency in Hawaii.
According to the Hawaii quarantine lawsuit, the March 4 declaration of emergency has expired and a new order has not been implemented.
The Hawaii quarantine lawsuit also contends that a new state of emergency can’t be ordered since there is no imminent threat of “substantial injury or harm to the population.”
The plaintiffs note that, as of June 14, the Hawaii State Department of Health had reported only 728 cases of COVID-19 in Hawaii – 91 of which required hospitalization and 17 of which resulted in death.
“Hawaii thus has .016% of the nation’s COVID-19 deaths while accounting for .431% of the nation’s population,” the Hawaii quarantine lawsuit notes.
Based on these numbers, the requirements of a state of emergency are not met, the lawsuit argues. However, the plaintiffs argue that “evidence is clear that Governor Ige is rapidly creating an economic emergency in Hawaii by his unlawful Executive Orders.”
The Hawaii quarantine lawsuit argues that thousands of state residents are unemployed and receiving unemployment benefits.
According to ABC News, Carl Bonham from the Economic Research Organization at University of Hawaii says the state’s unemployment rate was 22.3% in April but is estimated to be 30% or more by now.
This is not the first time Hawaii and its governor have faced legal action over the extended state quarantine.
Earlier this month, a group of citizens similarly claimed the stay-at-home extension violated the U.S. Constitution.
“The people of the State of Hawaii have suffered massive unemployment, loss of business, loss of income, home foreclosures, lease delinquencies, and loss of economic and financial opportunities, in amounts to be drawn from publicly available data when it is made public,” the Hawaii quarantine lawsuit argued.
Are you a Hawaii resident? Do you think the state’s quarantine order is unfair? Tell us in the comments.
Plaintiffs are represented by James Hochberg of James Hochberg Law and Harmeet Dhillon, Mark P. Meuser and Gregory R. Michael of Dhillon Law Group.
The Hawaii Quarantine Lawsuit is Holly Charmichael, et al. v. David Ige in his official capacity as Governor of the State of Hawaii, Case No. 1:20-cv-00273, in the U.S. District Court for the District of Hawaii.
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3 thoughts onAnother Hawaii Lawsuit Challenges Ongoing COVID-19 Quarantine Order
Most people on the island of Oahu are Military or are employed by the Federal Gov’t so they are afraid to do what they want and possibly end up with an arrest on their record from Ige and his quarantine pose. We need help to stop this regime!!
I am unable to get to the outer island to check on my business that was deemed non-essential and was shut down by the Gov’t. I’m tired of being locked in my home when I am not ill and the overall numbers in the state are 0.6%.
I’m a bartender in Waikiki and I am extremely in favor of Governor Ige’s efforts to keep us safe and somewhat isolated from the brunt of the pandemic. Last I checked, the weekly new case infection rate was 17 times higher on the mainland than it is here. This is because Governor Ige acted quickly and decisively and, as someone who will be on the front lines of this, I am extremely grateful. Please, please, please keep the quarantine in effect, at least until such time as all incoming travelers can be tested before arrival, testing capabilities are greatly expanded in the state, and contact tracing can be integrated into current policy.
Dude, go on a boat and float to the middle of the ocean, your data is fake, I know many people who have covid and are fine today, people have been told to listen to the experts, fauci said it’s safe to go out and hike, enjoy the beach, just practice social distancing. There will be no more waikiki if this continues. if you even work there. they are using the worst tests available to inflate the numbers, Hawaii doctors are not prescribing any medications and telling patients to ride it out at home, that is the reason for the clusters, especially in the low income community where that is almost impossible. There are ZERO deaths under the age of 50, some of the deaths were by suicide because of the fear mongering, i know that personally, so please be quiet and lock yourself in your room while the rest of us move on and get back to our daily routines with a mask is that’s the case. another thing, the majority of the cases are micronesians, many of whom don’t follow the current rules, how do i know? my wife is a social worker and has to respond to these people even in a pandemic.