Did anybody else get a "Social Distancing" citation?
I got one the other day and I truly believe it is a blatant violation of the 1st Amendment: the freedom of association.

For the record I am an "essential" worker and I was relatively distanced from my friend. Don't know the exact distance though, as i do not carry a measuring tape on me.


Anybody planning to contest this? Could this go to the Supreme Court or could you sue the State of Hawaii?

https://www.hawaiinewsnow.com/2020/08/06/thousands-emergency-order-citations-many-given-homeless-are-being-dismissed/
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I got one for walking my dog at the park across the street from my house.

https://www.hawaiinewsnow.com/2020/08/06/thousands-emergency-order-citations-many-given-homeless-are-being-dismissed/
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I got one for walking my dog at the park across the street from my house.

Was your leash at least 6 ft?

https://www.hawaiinewsnow.com/2020/08/06/thousands-emergency-order-citations-many-given-homeless-are-being-dismissed/
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I got one for walking my dog at the park across the street from my house.

I think all citations issued after the original 60-day Emergency Order expiration date should be null and void.

Without the legislature to codify the emergency orders, the governor/mayor can't issue orders indefinitely.  It's similar to the war powers act, where the president must get congressional approval to wage war for more than 60 days.

That's how I understand the law anyway, and I'm not alone.

https://www.staradvertiser.com/2020/06/16/hawaii-news/lawsuit-challenges-iges-emergency-powers/


I guess the Governor thinks he can change the laws to his liking under the state of emergency declaration, including the one that limits his emergency declaration to 60 days. 

In other words, he's suspended the Constitution -- State and Federal.  Where are the Checks & Balances this country created for the governmental branches?

Was your leash at least 6 ft?

He said he was walking his dog, not his wife!   

https://www.hawaiinewsnow.com/2020/08/06/thousands-emergency-order-citations-many-given-homeless-are-being-dismissed/
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I got one for walking my dog at the park across the street from my house.

Are you going to contest it? That's a misdemeanor.

did you know, fun fact, Japan bars entry/travel to people with certain misdemeanor convictions.

Wisconsin's State Supreme Court ruled that their Governor was overstepping his authority by extending the COVID-19 stay at home order.

I think our State's Courts should follow the precedent Wisconsin set.

https://www.cnn.com/2020/05/13/politics/wisconsin-supreme-court-strikes-down-stay-at-home-order/index.html

Are you going to contest it? That's a misdemeanor.

did you know, fun fact, Japan bars entry/travel to people with certain misdemeanor convictions.

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I don't have a choice. I have to show up in court. There is no mail in option.
I want to see and hear a judge tell me straight to my face that I broke a law by walking my dog.
Btw, yes he was on a leash.
I will ask the judge how it is ok to walk through a closed beach park to exercise in the water, but illegal to walk through a park for exercise.

Here is am excellent article outlining the absurdity of it all.
https://www.civilbeat.org/2020/08/beaches-parks-trails-closed-honolulu-mayors-covid-19-rules-defy-science-experts-say/

Probably going to be a mass dismissal for those citations in the future.  There's thousands, or tens of thousands, of those out there along with the huge backlog of court cases delayed due to COVID.  There's no way the courts will be able to process all of those.

Though the state could use those $5,000 fines to balance the budget....

Probably going to be a mass dismissal for those citations in the future.  There's thousands, or tens of thousands, of those out there along with the huge backlog of court cases delayed due to COVID.  There's no way the courts will be able to process all of those.

Though the state could use those $5,000 fines to balance the budget....

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I thought about all those $5000 fines too. It could pay for Caldwell's retirement.

I would be willing to pay a small fine as a gesture of good will.
Something like a donation towards a good cause....assuming the money would be used for a good cause.

The irony of my citation is that walking the dog in the sun and fresh air is probably the most healthy thing I can do for myself.
That Civil Beat article I linked above confirms my common-sense approach.

I'm going to go across the street now and walk the doggy along the park property line.
Ironically the sidewalk where I would walk around the neighborhood is CLOSED by the city for contruction.
You can't make this stuff up.

---end of rant---

The world is getting crazier every day.  And Hawaii and it's leaders lead the way.

Hey, it rhymes....

Mine never made it into the system. Keep checking.

https://www.courts.state.hi.us/legal_references/records/jims_system_availability

Mine never made it into the system. Keep checking.

https://www.courts.state.hi.us/legal_references/records/jims_system_availability

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So I would find my case on that website?

https://www.hawaiinewsnow.com/2020/08/06/thousands-emergency-order-citations-many-given-homeless-are-being-dismissed/
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I got one for walking my dog at the park across the street from my house.

Parks have been closed for a few weeks now.  You can't even pass thru them. My coworker got a ticket for riding his bicycle thru the park. There was no fine on his ticket, just an October court date. Which sucks because he rather just pay the fine than waste time going to court.

I've never heard of anyone getting a ticket for a while now for social distancing.  Must be a rookie.

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I will ask the judge how it is ok to walk through a closed beach park to exercise in the water, but illegal to walk through a park for exercise.

Please don't tell me you expect anyone in the Hawaii government to utter anything resembling a rational statement about "the virus"... 

To help avoid any future confusion or questions...

I would contest it and ask for a Jury trial. A criminal citation they have to give you one I think.

I would contest it and ask for a Jury trial. A criminal citation they have to give you one I think.

According to what I read, a local ordinance is equivalent to criminal law in so far as they are both subject to the 5th amendment -- e.g. Double Jeopardy.  Therefore, you ought to be able to demand the same protections (jury trial) which any criminal court offers.

Don't forget to request a public defender too while you're at it.