Ige named in COVID suit

LIHU‘E — A civil lawsuit against Gov. David Ige alleges his COVID-19-related orders violate state and federal constitutions, and requests the courts declare those rules unconstitutional and void.

The lawsuit was filed in federal district court in Honolulu last week on behalf of over a dozen Kaua‘i and Hawai‘i Island residents. Twelve of the 13 plaintiffs are Kaua‘i residents and part of For Our Rights, a Kalaheo-based, unincorporated association.

The 170-page complaint alleges the emergency orders, including the self-quarantine and social-distancing requirements, violate citizens’ “fundamental right to movement and fundamental right to liberty, and fundamental right to due process” under state and federal laws.

State Attorney General Clare E. Connors is also named as a defendant. Part of the plaintiff allegations are that officials acted outside of emergency allowance.

Hawai‘i law gives authorities more power during a state of emergency, but that it “shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, or by a separate proclamation of the governor or mayor, whichever occurs first.” The lawsuit cites Ige’s May 18 proclamation as a breach.

“The Governor’s emergency proclamation for COVID-19 and the subsequent supplementary proclamations were properly and lawfully issued pursuant to the governor’s statutory authority and his determination that an emergency exists due to the COVID-19 pandemic and the danger and threat it poses to Hawai‘i,” said Krishna F. Jayaram, special assistant to the state attorney general, Friday.

“Plaintiffs’ allegations, including alleged constitutional violations stemming from the governor’s actions, are without merit.”

The O‘ahu-based Attorneys for Freedom Law Firm represents For Our Rights.

“As our complaint alleges, the governor’s repeated supplements to his initial emergency proclamation are not authorized by Hawai‘i law and unconstitutionally burden the fundamental rights of Americans to travel interstate, as well as many other constitutional rights,” attorney Marc J. Victor said in a statement.

Many plaintiffs claim the emergency orders have induced anxiety, created substantial losses of income and employment, emotional distress, depression and “deprivation” of visits from family or friends.

Additional allegations include that residents have been exposed to criminal liability under “unconstitutionally vague” rules.

The claim was filed with a motion for a temporary restraining order which requests prohibiting the state from enforcing Ige’s May 18th order or at least stop enforcing the 14-day, state-mandated self-quarantine for out-of-state travelers.

The initial court date is Friday, June 26, at 10:30 a.m., Victor said.

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Sabrina Bodon, public safety and government reporter, can be reached at 245-0441 or sbodon@thegardenisland.com.

7 Comments
  1. Doc June 14, 2020 7:35 am Reply

    Thank God someone is challenging these ordinances wholly based on inaccurate assumptions!!! If a dozen suicides on Kauai is not enough evidence that the Death and Destruction from Quarantines far outweighs any damage that this virus could do, then wait until you notice the rest of the devastating consequences. Wait until you try to find a job, wait until landlords try to collect 4-6 months past due rent, wait until you find that landlords now refuse to rent long term since they lost their income due to the Governor’s orders, wait until bankruptcy has taken away your favorite surf shops, stores, and restaurants, wait until you need to travel but find that you have to relinquish all your privacy and rights to the govt. via contact tracing measures, wait until you and your children are forced to get vaccines which have been proven to cause mental and physical illness and come with tracking measures in them, wait until you have to go to court to face sentence for playing with your children on the beach, wait until you are forced to abandon your home and family on Kauai to relocate to find a job.


    1. Pat June 15, 2020 4:47 pm Reply

      OK, I’m waiting. Now what?


    2. Jay June 16, 2020 6:39 am Reply

      100% true, and it gets worse, there are numerous consequences that fee notice now, but will become huge.. for example

      Limitations on Alcoholics Anonymous, and Narcotics Anonymous in-person meetings!

      The are limited to groups of 10, required to wear masks, and socially distanc, it gets “better” if a participant refuses to comply they must fill and sign a contact tracing form!

      They’re basically telling an addict, you can join a group, but you will either need to distance, wear mask, be uncomfortable, or, identify yourself to the government, what happened to the word ANONYMOUS, that’s the whole idea of these groups, people are not afraid to join them because they can remain anonymous!!! I predict that participation in these groups will drop dramatically under such conditions.. as it is it is a challenge for addicts to push themselves to join meetings, put limitation on them, or tell them that they need to put themselves to the government, and they will say no thank you.

      This is being done at a time when according to experts (and common sense) alcoholism and drug use is expected to soar! How many lives need to be lost to drugs and alcoholism before they say oh, we need to let people join these groups without limitations?!

      Another example

      Someone I know had to see a therapist for a mental health issue, the person said to me that they were required to wear a mask throughout the session, which made the entire session uncomfortable, and impersonal. The person said to me that they will no longer see a therapist under such conditions..

      At at time like this when metal health issues continue to soar, when people really need mental health support, they basically say We took away your ability to make a living, put you under great stress, we will also limit your ability to get mental healthcare.. then they wonder why we have 12 suicides in one month!! (Kauai typically sees an average of 12 suicides in an entire year based on 2018 figures)..


  2. Jerry Thomas June 14, 2020 8:05 am Reply

    The names in this lawsuit are public record.What a waste of time and money.
    Keep Hawaii safe.


  3. Paulo June 14, 2020 8:08 am Reply

    Pathetic.


  4. Malia June 15, 2020 10:36 pm Reply

    Who here thought a 2 week “flatten the curve” quarantine would end up being a 3-4 month + shut down of life on the islands? BESIDES NY and a couple of other left states whose numbers have come in questionably high, all other locations, including the states that never shut down have SUBSTANTIALLY lower death and case counts (predicted millions to actually tens of thousands across the country…flu-like death stats) than any of the predictions stated. We based our reaction on FAULTY MODELS. Once numbers come in (as they have) we should be PIVOTING to remove the “emergency” order and get back to reality. I know DOZENS of businesses that are “open” but have absolutely zero business because they rely on tourism…and you know these people too. They are your uncles and aunties and brothers and sisters who are not receiving unemployment because they own their business and thus are struggling. The FEAR is still being perpetuated when the virus is proving to be no worse than flu. If you don’t know this, you are not paying attention. PS watching the news (ANY MSM) is not “paying attention.” My people die from lack of knowledge. Take off the handkerchiefs, breathe in that O2 rich jungle air and live again!


  5. Gayane June 24, 2020 8:31 am Reply

    If Ige doesn’t come to sense HI will be soon bankrupt.Then opposition for reopening will celebrate alone with no $$$.
    Corrupt government! Disables.


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