The COVID Project
The record
- Jurisdiction
- Hawaii (United States District Court for the District of Hawaii) · Hawaii
- Level
- Court
- Authority
- Fed. R. Civ. P. 65; Jacobson v. Massachusetts, 197 U.S. 11 (1905); HRS chapter 127A (the proclamations under review)
- Issued
- 2020-07-02 July 2, 2020
- Effective
- 2020-07-02
- End
- n/a (decision) (read as 2020-09-30)
- In force
- July 2, 2020 to Sept. 30, 2020
- Quarters
- 2020 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Stay-at-homeTravel and quarantineQuarantine and isolationOther
- Addressees
- persons generally (residents and non-residents entering the State); businesses (findings on the restrictions on non-essential businesses)
- Character
- adjudication
- Collection
- Standing duties: Hawaii DUT-HI
Operative words
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.
Penalty
recognizes the misdemeanor penalties of the proclamations under HRS § 127A-29
What it required
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 'restricted non-essential businesses... prohibited gatherings of more than 10 people, and established social distancing requirements,' that they bear 'a real or substantial relation to the public health crisis,' and that 'the quarantine survives strict scrutiny.' Character as recorded: adjudication (order_penalty layer).
Retrieval notePins (the order's own pagination): at 4-5 (proclamation history and misdemeanor penalties); at 14 ('Jacobson instructs that all constitutional rights may be reasonably restricted to combat a public health emergency,' quoting In re Abbott, 954 F.3d 772, 786 (5th Cir. 2020)); at 15 (real or substantial relation; Dr. Sarah Park's declaration that 'restrictions on non-essential businesses, stay-at-home orders, and quarantines' were the means of control); at 25 ('the quarantine survives strict scrutiny'). The court is the District of Hawaii, Judge Jill A. Otake.