LIHU‘E — Earlier this month, a dozen Kaua‘i residents and one from Hawai‘i Island filed a civil lawsuit against Gov. David Ige, alleging his orders to mitigate the spread of COVID-19 violate state and federal law.
The complaint alleges the emergency orders, including a two-week self-quarantine for travelers and social-distancing requirements, violate citizens’ “fundamental right to movement and fundamental right to liberty, and fundamental right to due process,” and requests the courts declare these rules unconstitutional and void.
“There’s a global pandemic going on, and it’s the government’s first priority to keep citizens safe, healthy and alive,” said Andrea Freeman, a professor at the University of Hawai‘i at Manoa’s William S. Richardson School of Law. “That’s the motivation for these orders.”
In May, the Wisconsin Supreme Court struck down the statewide safer-at-home order, voting 4-3 in a ruling that rejected extending a state health official’s stay-at-home order. The ruling gave power to local municipalities to manage their own responses.
Freeman pointed to case law that supports the quarantine and travel restrictions. She also noted that, in Florida, where orders have been lifted, cases of coronavirus have spiked. On Thursday, Florida reported 3,207 new cases, a single-day high for the state.
Similar lawsuits in California, Illinois and Michigan have failed.
“(The lawsuit is) not entirely frivolous, but it is misguided because it tries to push back on orders that are trying to protect the public,” Freeman said. “It’s not community-minded.”
The O‘ahu-based Attorneys for Freedom Law Firm filed the suit on behalf of the residents and For Our Rights, a named, unincorporated association.
The plaintiffs claim the emergency orders have induced depression, anxiety and emotional distress among substantial losses of income. Plaintiffs also claim the travel quarantines have deprived them of visits from family or friends, which has exasperated these feelings of despair in some instances.
Freeman pointed to current events, rather than Ige, for these claims. “Stress and anxiety are not because of the government orders, it’s because of the pandemic,” she said.
The claim was filed with a motion for a temporary restraining order which requests prohibiting the state from enforcing Ige’s May 18 order or to at least stop enforcing the 14-day, state-mandated, self-quarantine for out-of-state travelers. Since lawsuits can take time, the TRO can provide immediate relief, Freeman said.
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Sabrina Bodon, public safety and government reporter, can be reached at 245-0441 or sbodon@thegardenisland.com.
The lawsuit has merit. It was bound to happen.
Ms. Freeman, you are sharing your personal misguided opinion instead of following constitutional law. States such as South Dakota never shut down. The fear driven policies and reactions to this temporary medical issue go against free citizens civil liberties written as law which you stated has merit. As an attorney it is your job to uphold the law, not write new law. That is the job of the legislative branch. This isn’t communist China. Safe is a relative term and the leaders have failed the very constituents they serve.
A virus doesn’t cancel the constitution, end of story. Even a really bad one which covid is clearly not. If you can’t see the hysteria is politically motivated go get some glasses. In fact, Ige and the Kauai mayor both have been pushing something called “color of law” which they can and should be criminally prosecuted for under Title 18 Setion 242.
Freeman Tin Foil Hats on Sale now for the Gullible!
The Bible says the Simple Believe Anything!
Proverbs 14:15.
Being under House Arrest is Detrimental to ones health,try it .
Andrea Freeman states- Freeman pointed to current events, rather than Ige, for these claims. “Stress and anxiety are not because of the government orders, it’s because of the pandemic,” she said.
But this is not the case. I never believed corona is pandemic and the # do not substantiate that. Government orders are the icing on the cake. I can deal with flu being around but the mask thing and the poor children being raised in this crazy shutdown is what causes any stress or anxiety for me. Especially wearing a mask.
Why is the Garden Island publicly supporting the suspension of our Bill of Rights, the arrest and imprisonment of our Ohana, and advocating the relinquishment of all our rights in favor of the Governor being the sole decision maker on what is best for us and what we are allowed to do?
Even if we had a Governor with the ability to evaluate actual research and evidence of a virus with a mortality rate of less than 0.3%, there is never a reason to suspend the constitution.
“Stress and anxiety are not because of the government orders, it’s because of the pandemic,” she said. LOL YEAH OKAY keep telling yourself that…
A scientist, a lawyer and a journalist walk into a bar.
The scientist: Bartender, a round of margaritas for the ladies, please?
You guys won’t, like, believe what I’m up against this week. The governor is all like, “My poll numbers are down and we’re almost out of money. OK, to be honest we ran out of money a month ago. Tell me what to do about this virus thing.” So I’m all, we know that it’s old people and people with, like, some medical conditions that have a hard time with this but most people just get mild illness and then recover at home….
The lawyer: Whoa! Whoa! Wait! Did you start drinking before you got here? “Most have mild illness and then recover at home?” That’s not what CNN said. Where are you getting this information?
The scientist: It’s on the CDC’s website. You’d think that someone in like, the governor’s position, would know this stuff. You just gotta look it up. If you want to check it out it’s at https://www.cdc.gov/coronavirus/2019-ncov/downloads/sick-with-2019-nCoV-fact-sheet.pdf
Bartender: Three margaritas for the ladies. Can I see everyone’s ID? Just kidding, I don’t check IDs. Anything else?
The journalist: Do you have, like, those things that are like tortillas and the stuff in the middle?
Bartender: Quesadillas?
The journalist: Whatever? Can we please get some of those, things? And the sauce to, like, dip them in? Think-Yew.
Bartender: Sorry. We stopped serving those because, without tourists, the special jalapeno/bacon cheddar cheese that we use was starting to mold before we could even use half the order. I can bring you some chips with diced, saute-ed spam?
The journalist: OK. Think-Yew.
(whipsers) Do you think that bartender was cute?? I’m gonna ask for his number!
The scientist: So, like I was saying, the governor wants to keep people from the mainland away because he’s all, “It’s less work for me and I still get paid the same. Duh-durr.” But seriously, now that we know that the virus is only deadly if you’re a Boomer or a Geezer or have, like, heart or lung problems and stuff we could probably just keep those people safe by setting up a safe area for them. Have like, meals delivered, free Netflix and stuff. They could choose to be there or not. Whatever makes them feel safe. It would be a lot less intrusive on everyone else’s lives. Like, OUR DATING lives. I don’t know about you guys, but I’m less worried about a sore throat than I am a hangover. AmIright? Anyways, tourists could come back and we could all get back to normal.
The lawyer: Uh-huh. You know, SCOTUS ruled a long time ago that communities can quarantine people and restrict free travel to prevent the spread of disease if there was no less burdensome means of achieving the same result. Gawd this margarita is so ******* good! Of course, now that you know who is at risk, it doesn’t sound like the least burdensome approach is to quarantine everyone. Sounds like there’s probably a reasonable way of giving the “at-risk groups” the option of being quarantined. Or even just supply them with the same PPE that hospital staff use. It works for them, right? Some might just decide to take their chances. Does the governor realize he’s just opening himself up to a lawsuit if he’s needlessly restricting the freedoms of those that aren’t at risk? Like the freedom to travel? Or operate their legal business? He could also open things back up for tourism without that 14 day quarantine. In a way I feel like we’re prisoners here. Did somebody say ‘girls trip to the 9th island’?!?
The scientist: So, I told him about just protecting, like, the “at risk” groups and he was like, “We’re looking into that. We should know in a while.” He looked like he was daydreaming about fish and chips when he said it. Seriously? Who voted for this guy?
The journalist: When ith our waiter going to bring those ******* chips? I shoulda streshed out my magareeba a lil shlower. I’m gunna put what you said in my article tomorrow, “communities can quarantine people and restrict free travel”. Case! Closed!
Shhhhhh. I think those guys over by the window are checking us out!
Aloha Andrea Freeman, funny your last name is what this issue is all about.
funny 2, is that the guy who could not remember the Civil Emergency Code on the other Fake, the Incoming Missile Alert, and is relying on inappropriate medical drug people, doctors relyoig on disease to perpetuate their income, relying on the Governor, for advice on something that has been with us perhaps since time began, yearly passage of viral travel through human communities, and seemingly just weeding out by Natural Selection the sick, weak, and diseased seniors, in other words those on the edge of joining the other 60 million who pass on from earth every year…and now you blame regular microbes for the walking dead to join the 60 million who need to pass on due to overall body failure.
While there are exceptions to this, a few die from hospital error who would have done better staying home and let nature perform the healing process. As a process does, Healing takes time…Sit down,Lay down, relax, act naturally, like the fishes in the sea.
Ever wonder why Heal and Healthy both have the same first 4 letters?
Get well, but better to stay well…stop eating junk and sugar. Try Nutrition !
Is your neuro system operating at optimal .
But people are dying they say. Sure !, someone has to fill the annual 60 Million quota of deaths each year.
The suit was filed by people who value their tourist rentals over lives.
100% true. Tourists and rich people coming to buy up the land/homes they’re trying to sell to the elite. Disgusting. Don’t waste the states time and tax payer money to defend emergency proclamations being done under a global pandemic that’s real, not fake to you conspiracy theorists.
“Not because of the government’s orders”? It’s all about the government’s orders. The shut down, the loss of jobs, the in-home quarantine, the curfew, the arrests (unless you are protesting of course), the suicides. These all came from or were caused by “the government”. If left unchecked, they will continue ad infinitum, or at least till after the election. My hat’s off to anyone who has the chutzpah to challenge an overbearing and authoritarian system. How many more people have to commit suicide because of the economic disaster before we come to our senses?
As sad as it is, the lockdowns weren’t the reason for suicide. Those people were already at the edge & this just pushed them over it because of poor coping skills, lack of support, the stigma of mental health in Hawaii and Hawaii culture & substance abuse/dependency. A hurricane woulda hav resulted in the same strife.
“(The lawsuit is) not entirely frivolous, but it is misguided because it tries to push back on orders that are trying to protect the public,” Freeman said. “It’s not community-minded.”
Yup! She said it. “Not Community-minded” indeed. Just let that sink in for a minute. Those filing the law suit is all about ME, no one else matter but ME!! Then they call all those that disagree with them sheep, or better yet they call themselves “woke”, not only that but they are now scientist and virologist!
I think most of the people on Kauai will abide by the law, I also think most people on Kauai wants to be part of the solution and not the problem.
The lawsuit is about everyone who is subject to Governor Ige’s illegal proclamation. But, as you point out people should abide by the law… do you think the governor makes laws? Or does the governor need to abide by the law as well? Check out how balance of powers works in the government, and what are the proper limits to a governor’s authority. He has had months to work with legislature on this and chose not to. Governor Ige is not community minded.
I am not a lawyer, nor do I play one on YouTube…but…
Do either the Mayor of Kauai or the Governor of Hawaii have grounds to forcibly remove ALL residents from the islands? In the name of “public health”? If they do, why? If they do not, why not?
How about just sending SOME residents away? Who gets to choose who stays and who goes? Do you have to own land and pay property taxes to stay?
How about we ALL get to stay, but, only certain ‘ESSENTIAL WORKERS’ are allowed to leave their property, and only for work? BTW, if your business is not deemed ‘ESSENTIAL’, you are not allowed to operate it and will be jailed and fined if you try (it’s for your own good!)
How about we can ALL stay, but we are not ‘allowed’ to leave our property, or the property we rent, at night? And even then, we are allowed to only leave for purposes ‘approved’ by an elected official and enforced by the National Guard?
Do either the Mayor of Kauai or the Governor of Hawaii have grounds to force EVERYONE to wear inadequate PPE when out in public? In the name of ‘public health’? If they do, why? If they do not, why not?
Do either the Mayor of Kauai or the Governor of Hawaii have grounds to force ANYONE IN CERTAIN RISK CATEGORIES (over the age of 55 or diabetic or ?) to wear PPE when out in public? In the name of “public health”? If they do, why? If they do not, why not? If the PPE is adequate to protect healthcare workers, is it not adequate to protect someone in a high risk category?
Do they have grounds, or obligation, to remove anyone from the islands (5 hour flight to a well equipped hospital) that is sick enough to require hospitalization and care that our system cannot accommodate?
These are all the type of “boring” questions that lawyers get paid hundreds of dollars per hour argue and answer. If you liked thinking about them and answering them for yourself, you just might be a lawyer! BTW, I’m not going to pay you unless you get the answers correct.
The point here, of course, is there is more than one solution to keeping the island ‘safe’. Some solutions work, some don’t. Some solutions result in, literally, destroying some people’s livelihoods. Those solutions should be considered as a last resort. Supplying medical grade PPE to those at risk, and anyone else who wants it, achieves the same goal of least hospitalizations and deaths as what we have been dealing with since the end of March. It is the least burdensome and most cost effective approach and should have been adopted by the Governor 2 months ago. Anything more is tyranny.
“Anything more is tyranny.”
Or stupidity. I guess it could also be just plain ‘ol stupidity.
The constitution and laws of Hawaii are clear. “The legislative power of the State shall be vested in a legislature…” The law provided the governor with an EMERGENCY power, which “shall terminate automatically sixty days after the issuance.” ONLY during the state of emergency, the governor can quarantine people believed to have been exposed to a disease. So, why quarantine a traveller from Lanai to Maui when Lanai had zero cases? Why are state officials obeying his illegal quarantine orders now that the emergency is over? If the governor were “community minded” or cared about keeping “citizens safe, healthy and alive,” he would have done his job as head of the executive branch by working with the legislature to develop a plan for the safety and health of the citizens.