Just an observation here......
OPEN KHSC
If I were the mayor or governor, that's exactly what I would do.

Fixed it for ya'

What authority is the governor and mayors using to close businesses, stay at home order, and restricting rights?  I couldn't find anything in the Hawaii Constitution.  The governor didn't turn over power to the military for martial law.  The governor doesn't have the power to override the US Constitution.  Was there any details brought up by the AG before?

What authority is the governor and mayors using to close businesses, stay at home order, and restricting rights?  I couldn't find anything in the Hawaii Constitution.  The governor didn't turn over power to the military for martial law.  The governor doesn't have the power to override the US Constitution.  Was there any details brought up by the AG before?

What authority is the governor and mayors using to close businesses, stay at home order, and restricting rights?  I couldn't find anything in the Hawaii Constitution.  The governor didn't turn over power to the military for martial law.  The governor doesn't have the power to override the US Constitution.  Was there any details brought up by the AG before?

The state code of Hawaii grants the governor and, in certain cases, mayors broad emergency management powers.
Section 127A-12 of the code allows the governor or any mayor to “restrict the congregation of the public in stricken
or dangerous areas or under dangerous conditions.” They may also direct and control the “non-compulsory evacuation
of the civilian population.”

Once a state of emergency has been declared, Section 127A-13 goes further still and allows the governor to “require
the quarantine or segregation of persons who are affected with or believed to have been exposed” to any communicable
disease that is, according to the governor, “dangerous to the public health and safety.” The governor may also designate
as public nuisances any conduct that is “dangerous to the public health.”

The governor’s powers extend even further than those two functions, however. Section 127A-13 endows the governor
with the abilities to suspend any law that “impedes or tends to impede” the execution of emergency functions and to
“direct and control the mandatory evacuation of the civilian population.”

The statute grants Hawaii mayors similarly broad authority during a local state of emergency, including the power to suspend
any county law that “impedes or tends to impede” the execution of emergency functions and to also “direct and control the
mandatory evacuation of the civilian population.”

Chapter 325 of the Hawaii state code specifically addresses communicable diseases, with Section 325-8 detailing the
procedures for the quarantine of infected individuals. In order to quarantine an individual, the Department of Health must
obtain a written, ex parte order from the state circuit court with jurisdiction over the individual’s residence. The court may
grant the order upon finding that probable cause exists to justify the quarantine. The department must provide a copy of
the order to the individual and notify them of their right to a hearing if they wish to contest the order.

That procedure may be suspended if “any delay in the quarantine of the individual would pose an immediate threat to the
public health.” Following such a quarantine, the Department of Health must immediately obtain an ex parte order from the
relevant court retroactively authorizing the procedure.

Individuals who wish to exercise their right to a hearing must file a written request with the court that issued the subpoena.
The hearing will be held within 14 days of that filing, but such a request will not lift the restrictions of the quarantine. At the
hearing itself, the Department of Health must demonstrate with clear and convincing evidence that the quarantine is justified
for the court to continue its order.

All individuals subject to quarantine must stay within the designated premises and not come into contact with anyone other
than a health care provider. Violating that restriction is a misdemeanor offense. Moreover, no one is allowed to enter the quarantine
premises without permission from the Department of Health. Anyone who enters a quarantine premises without permission is
also subject to quarantine and has also committed a misdemeanor offense. Additionally, Section 325-2 requires that all medical
professionals treating patients with confirmed or suspected cases of a dangerous disease must report the incidence to the Department
of Health. Failure to report may result in a fine of up to $1,000.

The Department of Health must provide the quarantined individual with food, clothing, medication, access to counsel, the ability to
communicate with the outside world and competent medical care. The department must also consider the individual’s cultural and
religious beliefs “to the greatest extent possible.”

Section 325-9 allows for the Department of Health to quarantine a person in the home in which they reside if the department determines
that removing the person from their home would endanger their life or the health of the department’s agents. In such a case, the
department may remove the residents of the surrounding neighborhood and take “any such other measures” that it deems necessary
for the public health and safety. All local law enforcement officers are required to assist department officials in this process.

§127A-13  Additional powers in an emergency period.  (a)  In the event of a state of emergency declared by the governor pursuant to
section 127A-14, the governor may exercise the following additional powers pertaining to emergency management during the emergency
period:

     (1)  Provide for and require the quarantine or segregation of persons who are affected with or believed to have been exposed to any
infectious, communicable, or other disease that is, in the governor's opinion, dangerous to the public health and safety, or persons who
are the source of other contamination, in any case where, in the governor's opinion, the existing laws are not adequate to assure the public
health and safety; provide for the care and treatment of the persons; supplement the provisions of sections 325-32 to 325-38 concerning
compulsory immunization programs; provide for the isolation or closing of property which is a source of contamination or is in a dangerous
condition in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety, and designate
as public nuisances acts, practices, conduct, or conditions that are dangerous to the public health or safety or to property; authorize that public
nuisances be summarily abated and, if need be, that the property be destroyed, by any police officer or authorized person, or provide for the
cleansing or repair of property, and if the cleansing or repair is to be at the expense of the owner, the procedure therefor shall follow as nearly
as may be the provisions of section 322-2, which shall be applicable; and further, authorize without the permission of the owners or occupants,
entry on private premises for any such purposes;

I saw some coverage of the rally. A hundred people is a lot and it probably brought out some reasonable citizens with rational demands, but the coverage really focused on the Magamuffins half of whom are clearly out to space. An anti government protest organized on Facebook was my first clue that this was not an assembly of mensa candidates. They actually made me feel a little sympathetic for HPD. We are almost out of the woods people. Don't screw this up.

https://www.lawfareblog.com/quarantine-and-isolation-authorities-states-affected-covid-19#Hawaii

https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0127A/HRS_0127A-0012.htm

https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0127A/HRS_0127A-0013.htm

So nothing in the constitution, which would still override these laws which aren't even being followed.  The Constitution overrides laws, laws cannot override the Constitution.  Sounds like government tyranny to me. 

I can forsee the day when Trump turns off the Federal money spigot, the State has to fight thousands of lawsuits, and Hawaii will have declare bankruptcy.  This would be the only way to get Hawaii to seriously change their attitude, diversify the economy, and reset contracts with the public unions.

I'm not sure why the need for the derogatory comments directed towards people trying to fight for our constitutional rights.

I know some organizations that have been around for years that can't get more than a handful to the capitol for a rally. 

So nothing in the constitution, which would still override these laws which aren't even being followed.  The Constitution overrides laws, laws cannot override the Constitution.  Sounds like government tyranny to me. 

The US government has been violating and eroding the US Constitution and Bill of Rights for a long time.  The US Constitution is the blueprint for the American Republic, but any deviation or abrogation of it, transforms the US to what it is unfortunately today, the American Empire.  Hence, no one should be surprised by the acts of tyranny by the US government you see today either domestically to its own citizens or internationally to other sovereign nations.



I can forsee the day when Trump turns off the Federal money spigot, the State has to fight thousands of lawsuits, and Hawaii will have declare bankruptcy.  This would be the only way to get Hawaii to seriously change their attitude, diversify the economy, and reset contracts with the public unions.

If Hawaii ever declares bankruptcy, it is likely the case will be the same with many other states in the US.  Moreover, if the US reaches that point of insolvency, no amount of money printing will save the US.  The US will either start a world war, have a civil war, or balkanize.

Any type of war would be the end of us all; hence, there is nothing one can do, if that happens.  However, if the US starts to balkanize, it behooves individual states to prepare to becoming their own nation state that would legally be internationally recognized by the other nations of the World.  This is where the Republic of Hawaii and the Republic of Texas would legally have a head start.

Why do you insert your comments into other people's quotes?

If you watched the Lehto's Law video I posted a link for, you'll notice that the standard is not as you stated.

States have the legal ability to infringe on your Constitutional rights if (1) they have a rational explanation/reason for it, and (2) the harm it causes is less than the good it is intended to create for society at large.

The example he used was incarceration.  Everyone in prison is having their Constitutionally-protected freedom taken away, but the state's duty to keep law abiding citizens safe from criminals carries more weight.

As we are all reminded all the time, Constitutional Rights are not absolute.  Limits and even violations are legal in certain cases.