{"id":"DUT-HI-015","kind":"duty","level":"court","jurisdiction":"Hawaii (United States District Court for the District of Hawaii)","state":"HI","metro":"","industry":"","agency":"","eco":"","issuer":"United States District Court for the District of Hawaii, Otake, J.","authority":"Fed. R. Civ. P. 65; Jacobson v. Massachusetts, 197 U.S. 11 (1905); HRS chapter 127A (the proclamations under review)","instrument":"Order Denying Plaintiffs\u0027 Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue, Carmichael v. Ige, Civil No. 20-00273 JAO-WRP, ECF No. 47 (D. Haw. July 2, 2020)","title":"Carmichael v. Ige, Order Denying Plaintiffs\u0027 Application for Temporary Restraining Order","dateIssued":"2020-07-02","effective":"2020-07-02","end":"n/a (decision)","startDate":"2020-07-02","endDate":"2020-09-30","quarters":["2020Q3"],"types":["TRAV","QUAR","STAY","OTHER"],"addressees":["persons generally (residents and non-residents entering the State); businesses (findings on the restrictions on non-essential businesses)"],"clause":"The Second Supplementary Proclamation imposed misdemeanor criminal penalties for violations of the quarantine rules.... As with the quarantine, violation of the stay-at-home provisions is a misdemeanor.... Defendant successfully demonstrates that his Emergency Proclamations have a real or substantial relation to the public health crisis caused by the COVID-19 pandemic.","enforcement":"recognizes the misdemeanor penalties of the proclamations under HRS § 127A-29","functions":[],"notes":"A federal court found on the record that the 14-day quarantine on every arriving person and the stay-at-home order were criminally enforceable misdemeanor rules, that the proclamations \u0027restricted non-essential businesses... prohibited gatherings of more than 10 people, and established social distancing requirements,\u0027 that they bear \u0027a real or substantial relation to the public health crisis,\u0027 and that \u0027the quarantine survives strict scrutiny.\u0027 Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://www.govinfo.gov/content/pkg/USCOURTS-hid-1_20-cv-00273/pdf/USCOURTS-hid-1_20-cv-00273-0.pdf","snapshot":"","fileExists":true,"fileBytes":481781,"grade":"primary","character":"adjudication","description":"","collection":"DUT-HI","url":"/library/DUT-HI-015","exhibitUrl":"/exhibit/DUT-HI-015","citation":"United States District Court for the District of Hawaii, Otake, J, Order Denying Plaintiffs\u0027 Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue, Carmichael v. Ige, Civil No. 20-00273 JAO-WRP, ECF No. 47 (D. Haw. July 2, 2020) (Ex. DUT-HI-015)","stateName":"Hawaii","related":[]}