Thursday, July 16, 2020
Hawai'i Free Press

Current Articles | Archives

Wednesday, June 24, 2020
US DoJ Backs Hawaii Lawsuit Against Ige COVID Orders
By News Release @ 1:57 AM :: 825 Views :: Tourism, COVID-19

Department of Justice files Statement of Interest challenging the constitutionality of Hawaii Governor’s COVID-19 Order that effectively discriminates against out-of-state residents in a manner that harms Hawaii’s economy

UPDATE June 25, 2020: Judge: Feds Can’t Intervene In Quarantine Challenge

News Release from US Department of Justice, June 23, 2020

HONOLULU, Hawaii – The Department of Justice today filed a statement of interest in Hawaii federal court in support of a lawsuit filed by residents of Nevada and California residents who own property in Hawaii challenging a measure by Governor David Ige in response to COVID 19 that mandates a 14-day self-quarantine for individuals entering Hawaii.

The Statement of Interest is part of Attorney General William P. Barr’s April 27, 2020 initiative directing Assistant Attorney General Eric Dreiband for the Civil Rights Division, and the U.S. Attorney for the Eastern District of Michigan, Matthew Schneider, to review state and local policies to ensure that civil liberties are protected during the COVID-19 pandemic.

“The United States Constitution requires government to protect the privileges and immunities of all citizens in our nation,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “These privileges and immunities include the right of Americans to travel freely anywhere in our country, and state governments cannot limit the right of out-of-state Americans to travel to their state unless doing so is substantially related to protecting the public safety. The Department of Justice remains committed to defending the constitutional rights of all Americans no matter where they live. The department will continue to be especially vigilant of any infringement on the right to travel that unduly harms the ability of Americans to earn a living and support their families.”

“Reasonable measures designed to protect the public are not only appropriate, but responsible during a pandemic, and the Constitution does not bind the hands of state officials who, through careful thought and deliberation impose such measures. However, there are bounds to the discretion our public officials have during times of crisis. Those bounds are shaped by constitutional safeguards, such as the right of Hawaii residents and persons who hail from other states to travel freely within this great country. As our state leaders consider the way forward with Hawaii’s 14-day quarantine, it is my hope that they will pay due consideration to the protections embedded in the Constitution, so that visitors from far and wide may experience the Aloha spirit that makes Hawaii such a special place,” said Kenji M. Price, the U.S. Attorney for the District of Hawaii.

Starting on March 4, 2020, the Governor of Hawaii has issued a series of Proclamations in response to the COVID-19 pandemic. The latest one, his Ninth Supplementary Proclamation, maintains a mandatory 14-day self-quarantine for anyone entering Hawaii. Those subject to this self-quarantine mandate must confine themselves at a single “designated quarantine location” within Hawaii and not leave there for two weeks (unless they are departing from the State). Anyone who violates the self-quarantine mandate faces up to a year in jail and a $5,000 fine. Those in Hawaii “not subject to the traveler self-quarantine,” by contrast, are free to travel throughout the State—including between islands—for a variety of purposes.

In addition to contributing to the harm suffered by Hawaii’s tourism industry, the self-quarantine mandate precludes out-of-state residents who own properties in Hawaii from taking advantage of opportunities available to Hawaii residents who have not left the island since the onset of the pandemic.

In its statement of interest, the United States explains that Hawaii’s self-quarantine requirement effectively discriminates against out-of-state residents. This effective discrimination, based on the evidence and argument presented thus far, appears to be inadequately tailored to further public safety and therefore does not comply with the Constitution. The statement of interest explains that it appears that a close analogue to Hawaii—Alaska—is able to protect public health through less restrictive means. Alaska, like Hawaii, has low number of COVID-19 cases. Alaska, like Hawaii, is typically reached by airplane. Alaska, like Hawaii, imposes a 14-day self-quarantine mandate on those entering the State. But Alaska, unlike Hawaii, provides out-of-state residents with alternatives to the self-quarantine: (i) they may produce test results showing they tested negative for COVID-19 shortly before departing for Alaska, (ii) they may test for COVID 19 upon arrival in Alaska and self-quarantine in Alaska until they receive a negative test result, or (iii) they may provide evidence that they have tested positive for COVID-19 in the past and have recovered. Although Hawaii’s Governor may take reasonable steps to protect public safety during the COVID-19 pandemic, the Governor must show that the effective discrimination against out-of-staters at issue here bears a substantial relationship to that goal. As of now, he has not done so.

The federal case is Carmichael, et al. v. Ige, Case No. 1:20-cv-00273 JAO-WRP.

PDF: DOJ, Quarantine Filing

June 16, 2020: Another Hawaii Lawsuit: Coronavirus Orders Violate Right To Travel, Equal Protection, Due Process

NR: Rep Case comments on U.S. Department of Justice challenge to the State of Hawai‘i’s 14-day quarantine order

Statement by House Speaker Saiki: "Governor Ige's 14-day quarantine order is not discriminatory because it applies to all travelers. Mr. Price's opposition to the quarantine disregards the health and safety of Hawaiʻi's residents and economy. Mr. Price's action has unfortunately undermined the credibility and objectivity of the Office of the U.S. Attorney."  

(Translation: "I used to respect Kenji Price, but he is just a Trump operative now and will be treated as such.")




TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

808 State Update AM940


ACA Signups Hawaii



Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii



Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii


Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube


Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes


Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii


OHA Lies

Opt Out Today

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii


Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii