GOVERNMENT & REGULATIONS
PUPU PLATTER 212
By A. Kam Napier
Editor-in-Chief, Pacific Business News
6 hours ago
Unlawful lockdowns?
I get calls from business leaders asking what we can do, or what they can do, to stop the government overreach into Hawaii’s economy and get us all opening faster.
Trying to find an answer had me doing some homework in Hawaii Revised Statutes, looking into recall elections (doesn’t seem a governor can be recalled, though mayors can be) and the emergency powers themselves.
That’s when I noticed something very interesting. Technically, the proclamations from Gov. David Ige and Mayor Kirk Caldwell declaring an emergency and invoking their ability to make rules with the force of law, have expired. They were issued March 4, and automatically expired 60 days later, on May 3.
Here’s the portion of the law I’m referring to: “§127A-14 State of emergency. … (d) A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, or by a separate proclamation of the governor or mayor, whichever occurs first. [L 2014, c 111, pt of §2; am L 2019, c 214, §5]”
https://www.bizjournals.com/pacific/news/2020/05/21/are-hawaiis-covid-emergency-proclamations-legal.html