{"id":"DUT-HI-016","kind":"duty","level":"court","jurisdiction":"Hawaii (Intermediate Court of Appeals of the State of Hawaii)","state":"HI","metro":"","industry":"","agency":"","eco":"","issuer":"Intermediate Court of Appeals of the State of Hawaii (published opinion)","authority":"HRS chapter 127A, §§ 127A-1, 127A-14, 127A-25, 127A-28, 127A-29, 127A-30 (Supp. 2019)","instrument":"For Our Rights v. Ige, No. CAAP-21-0000024, Opinion of the Court (Haw. Ct. App. Feb. 25, 2022) (for publication)","title":"For Our Rights v. Ige","dateIssued":"2022-02-25","effective":"2022-02-25","end":"n/a (decision)","startDate":"2022-02-25","endDate":"","quarters":[],"types":["EMER","OTHER"],"addressees":["persons generally; the Governor (scope of authority)"],"clause":"The Emergency Management Act also includes provisions for the enforcement of any rule issued under the Act and punishment including not more than one year of imprisonment and/or a fine of not more than $5,000 for violation of any such rule. See HRS § 127A-28 (Supp. 2019) (regarding injunctions); HRS § 127A-29 (Supp. 2019) (regarding misdemeanor penalties for violations).","enforcement":"recognizes HRS § 127A-29 misdemeanor penalties and HRS § 127A-28 injunctions as the enforcement of every rule adopted under the Act","functions":[],"notes":"Hawaii\u0027s appellate court held that the Emergency Management Act confers \u0027comprehensive powers,\u0027 that HRS § 127A-14(a) \u0027authorizes the Governor to declare the existence of a state of emergency whenever, in his or her sole judgment, he or she finds that circumstances giving rise to a declaration of a state of emergency have occurred... regardless of whether a prior emergency proclamation has been issued based on the same, continuing, and/or otherwise related circumstances,\u0027 and that the Act\u0027s rules are enforced by injunction and by misdemeanor penalties of up to $5,000 and one year; the successive COVID-19 proclamations were therefore lawful exercises of the Act. Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://www.courts.state.hi.us/wp-content/uploads/2022/02/CAAP-21-0000024.pdf","snapshot":"","fileExists":true,"fileBytes":128519,"grade":"primary","character":"adjudication","description":"","collection":"DUT-HI","url":"/library/DUT-HI-016","exhibitUrl":"/exhibit/DUT-HI-016","citation":"Intermediate Court of Appeals of the State of Hawaii (published opinion), For Our Rights v. Ige, No. CAAP-21-0000024, Opinion of the Court (Haw. Ct. App. Feb. 25, 2022) (for publication) (Ex. DUT-HI-016)","stateName":"Hawaii","related":["DUT-HI-001","DUT-HI-017"]}