Curious777
New Member
- Jurisdiction
- Hawaii
There are many here in Hawaii getting annoyed at Ige's continued emergency proclamations. There are some parts of it I doubt would be upheld if appealed to federal court. The problem is, I'm assuming is having standing.
The main part I question is that they can arrest you/fine you for merely travelling here without going through the procedures they require.
I'm confused how they can require a US citizen travelling from another US state to do any of this.
For example, they arrested a couple from Kauai and charged them with reckless endangerment for travelling home after knowingly testing positive for covid. More details here:
Kauai couple with COVID-19 charged with reckless endangering for allegedly boarded a flight
Even in this extreme example I'm doubting they have the jurisdictional authority to do such a thing.
If you look up the court documents related to this. The original charge was dropped and they changed it to disorderly conduct - noise on the date of the trial. I'm guessing either it was either a plea bargain, or they knew reckless endangerment would not stick and they managed to get them on disorderly conduct because they were raising a ruckus at the airport when they were being detained (possibly illegally).
As for tourists and such who didn't test positive, but just refuse to pretest or broke quarantine. Even though you will see newspaper reports of people being arrested and bail being set, I could not find a single instance of them actually collecting a fine or charging them with anything when I search court documents for their names.
I'm assuming they know that they can't do this legally, so they just threaten them and the charges are dropped. They likely twist their arms into leaving. I'm just doubting they really have the legal authority to do this if someone was willing to challenge it and go through all the hoops necessary to get standing to challenge it in federal court.
The main part I question is that they can arrest you/fine you for merely travelling here without going through the procedures they require.
I'm confused how they can require a US citizen travelling from another US state to do any of this.
For example, they arrested a couple from Kauai and charged them with reckless endangerment for travelling home after knowingly testing positive for covid. More details here:
Kauai couple with COVID-19 charged with reckless endangering for allegedly boarded a flight
Even in this extreme example I'm doubting they have the jurisdictional authority to do such a thing.
If you look up the court documents related to this. The original charge was dropped and they changed it to disorderly conduct - noise on the date of the trial. I'm guessing either it was either a plea bargain, or they knew reckless endangerment would not stick and they managed to get them on disorderly conduct because they were raising a ruckus at the airport when they were being detained (possibly illegally).
As for tourists and such who didn't test positive, but just refuse to pretest or broke quarantine. Even though you will see newspaper reports of people being arrested and bail being set, I could not find a single instance of them actually collecting a fine or charging them with anything when I search court documents for their names.
I'm assuming they know that they can't do this legally, so they just threaten them and the charges are dropped. They likely twist their arms into leaving. I'm just doubting they really have the legal authority to do this if someone was willing to challenge it and go through all the hoops necessary to get standing to challenge it in federal court.