Hawaii Covid-19 Proclamations Lawsuit

Lawsuit filed against Governor David Ige’s proclamations regarding Covid-19

The Attorneys For Freedom Law Firm, located in Bishop Square, filed a lawsuit in federal district court seeking to have Governor David Ige’s proclamations regarding Covid-19 declared unconstitutional.

The lawsuit, along with a motion for a temporary restraining order, was filed in Federal Court on behalf of over a dozen local residents who formed For Our Rights, a nonprofit association.

The primary claim in the suit and the motion for a temporary restraining order is that extensions of Ige’s emergency order violate both the United States and Hawaii state constitutions.

“The governor has the authority to declare an emergency and make rules regarding the emergency on the grounds that it can be difficult to quickly assemble the Legislature to respond to an emergency, but that authority expires after 60 days,” said Marc J. Victor, with Attorneys For Freedom, during a press conference Wednesday. “From day 61 on, the governor is both making laws and enforcing them, in violation of the separation of powers provisions under Hawaii’s state constitution.”

The lawsuit includes additional allegations, including that the self-quarantine rules place an unconstitutional, undue burden on interstate travel, and that citizens have been exposed to criminal liability under rules that are “unconstitutionally vague.”

“I was bothered by the situation and was contacted by a group called For Our Rights to represent them, all of the residents of Hawaii, who are concerned about the governor’s response,” Victor said. “Every day that goes by with the rules under his emergency orders creates more hardship.”

“You have a king who is both making the laws and enforcing them. … What’s to stop the governor from extending the emergency and the emergency proclamations?” Marc Victor, the plaintiffs’ attorney from The Attorneys for Freedom Law Firm, said. “We could have an emergency that’s such a huge problem and the legislature can’t convene and we can’t get anything done. … (That lets) the governor be king for 60 days, but after 60 days you can’t be king anymore.”

Many of the individuals and business owners represented in the suit live on Kauai.

“The federal court has been very responsive,” Victor said. “We’re tentatively scheduled for a status conference on Friday and hope to argue the temporary restraining order as early as next Monday or Tuesday. The state Attorney General’s office has acknowledged the complaint and I look forward to a spirited debate with its representative.”