The document discusses several issues relating to COVID-19 measures in Hawaii:
1) A Maui county council member called on the mayor to form a COVID-19 task force to address claims of unsafe practices at Maui Memorial Medical Center and ensure guidelines are being followed.
2) The legislature expressed frustration with Governor Ige's emergency powers and called for mayors to have more local control.
3) Governor Ige issued an order requiring counties to get state approval for emergency orders to coordinate the pandemic response statewide.
4) Governor Ige said a new law may be needed to enforce mask mandates and provide an alternative to criminal penalties for violations.
Hawaii - DYI, Do You Swear to Tell the Truth and Nothing but the Truth, So help you God?
1. KEEP THE FOCUS
Maui Causes shared a link <https://www.mauinews.com/news/local-news/2020/11/council-urges-mayor-to-create-covid-19-task-force/?
fbclid=IwAR3YFgtlGLGKcyvwiuv4-lqaalb5H6in9397l6447XBPWfxE5ijLWn8hOEs>
It has become evident that the Mayor's Office is not taking an aggressive approach to maximize the
tools that are available to us to stem the tide of COVID-19 in our community, Small said.
He added that a task force can help avoid a “third outbreak” at Maui Memorial Medical Center by
looking into claims alleging state and federal mask guidelines are not being followed there.
OUR COUNTY COUNCIL NOW MUST CALL ON OAHU TO LEGISLATE AND EMPOWER
HAWAII'S OSHA TO ENFORCE CDC AND DOH GUIDELINES and force Kaiser Permanente to
stop denying hospital staff PPE, enact wide-spread testing, and other easily accessible, protective
protocols that are currently avoiding. California just cited Kaiser for doing there what they are doing
here and we need to raise our collective voices to ensure our community's health and economy are
protected from their corporate greed. [Emphasis Supplied]
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THE LEGISLATURE BEFUDDLED AND BAMBOOZELED BY GOVERNOR DAVID Y. IGE
THE SENATE SPECIAL COMMITTEE ON COVID-19 AND HOUSE SELECT COMMITTEE ON
COVID-19 ECONOMIC AND FINANCIAL PREPAREDNESS RECOMMENDS TO GOV IGE
MAYORS HONOLULU C&C, MAUI, KAUAI, HAWAII
GIVING UP HOME RULE
SNAKEBIT OR CO-CONSPIRATORS?
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HE WHO MAKES THE RULES GETS THE GOLD
The Christian Reconstructionist, July 23, 2017
<https://christianreconstructionist.wordpress.com/2017/07/23/he-who-makes-the-rules-gets-the-gold/goldenrule/>
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2. STATEWIDE COORDINATION
For the purposes of this COVID-19 emergency only, I hereby invoke section 127A-13(a)(5),
Hawaii Revised Statutes (HRS), as it is my opinion that it is necessary to coordinate
emergency management functions. Accordingly, I direct all counties to obtain my approval, or
the approval of the Director of Hawaii Emergency Management Agency (HIEMA), prior to
issuing any emergency order, rule, or proclamation. I further suspend sections 127A-14(b) and
127A-25, HRS, to the limited extent necessary to ensure statewide coordination.
This Fourteenth Proclamation (Proclamation) does not apply to the United States government.
I FURTHER DECLARE that this Proclamation supersedes all prior proclamations issued by
me related to the COVID-19 emergency, and that the disaster emergency relief period shall
continue through November 30, 2020, unless terminated or superseded by a separate
proclamation, whichever shall occur first. [Emphasis Supplied]
Done at the State Capitol, this 13th day of October, 2020.
DAVID Y. IGE,
Governor of Hawaii
Office of The Governor, State of Hawaii Fourteenth Proclamation Related to the COVID-19 Emergency
<https://governor.hawaii.gov/wp-content/uploads/2020/10/2010095-ATG_Fourteenth-Proclamation-for-COVID-19-distribution-
signed.pdf>
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FATAL FLAW ON LEGALITY OF EMERGENCY ORDERS REVEALED
DECEIT & DECEPTION
When Governors Bite Back: Circuit Court Upholds Hawaii Governor's Emergency Powers
Friday, October 23, 2020
As mentioned in our previous post, the legality of state Governors' emergency powers have
come under scrutiny during the pandemic. Michigan's Supreme Court, for example, recently
struck down Governor Gretchen Whitmer's emergency powers.
3. The Hawaii Circuit Court, however, recently dismissed a legal challenge to Hawaii Governor
David Ige's emergency powers. In response to the victory, Hawaii
Attorney General Clare Connors stated “[t]his decision sends an important message at an
important time—the Governor's emergency proclamations are lawful. By continuing to
follow these rules, all residents and visitors protect each other and promote public health
during this pandemic crisis.” [Emphasis Supplied]
The court agreed with the State, finding that “the use of supplementary proclamations is
lawful” and that the purpose of Hawaii’s emergency powers statute “is to confer
comprehensive powers to protect the public and save lives.” However, the court
acknowledged that the Governor's powers are not without limit. The court held that “[t]o
support each successive emergency proclamation, the Governor must identify the existence of
the danger, threat, or circumstances giving rise to a declaration of a state of emergency. When
the facts on the ground no longer justify such a determination, the Governor's emergency
powers will cease.” Plaintiffs did not challenge the existence or impact of the pandemic within
Hawaii.
Source: Proskauer Rose LLP, The National Law Review
<https://www.natlawreview.com/article/when-governors-bite-back-circuit-court-upholds-hawaii-governor-s-emergency-powers>
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Hawaii Governor Says New Law Needed to Enforce Mask Mandates
Hawaii's governor has said a new law is needed to contend with people who ignore mask mandates
throughout the state to slow the spread of the coronavirus.
By Associated Press, Wire Service Content, Nov. 5, 2020
Posted by US News & World Report
<https://www.usnews.com/news/best-states/hawaii/articles/2020-11-05/hawaii-governor-says-new-law-needed-to-enforce-mask-mandates>
A NEW HAWAII LAW IS NEEDED to contend with people who ignore mask mandates
implemented to slow the spread of the coronavirus, the state’s governor said.
All four of Hawaii's counties have emergency mask mandates and violating them is
punishable by up to a year in jail and a $5,000 fine.
“Right now, under emergency proclamations, the only penalty we can use to urge people to
comply is a misdemeanor with a fine. And what happens is that makes it a criminal penalty,
and those who want to contest the citation (are) entitled to a jury trial,” Ige said. IGE
PROPOSED A NEW LAW concerning face coverings so people would have an option of
paying or contesting fines without a jury trial. The 2021 session of the state Legislature is
scheduled to begin in January. Ige said he is unlikely to request a special session before then
to change procedures and penalties for mask violations.
PASSING A RELEVANT LAW “would require pretty complicated legislation. And clearly,
trying to get that rushed through an abbreviated session is a hard thing to work through,” Ige
said.
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4. Nov. 10—The issue of whether masks are mandatory across the islands arose once again
Monday with key state legislators pressing Gov. David Ige to emphatically state that wearing
masks is required statewide to help slow the rising spread of COVID-19 and prevent a third
surge of cases.
House Speaker Scott Saiki, co-chairman of the House Select Committee on COVID-19
Economic and Financial Preparedness, told committee members Monday that he and state
Senate President Ron Kouchi have asked Ige to specify through an emergency proclamation
that wearing masks is mandatory across all islands and that enforcement is up to each county.
Ige's office said in an email to the Honolulu Star-Advertiser that the governor's
proclamations already make it clear that “A statewide mandate on masks already
exists. ... With the governor's approval, each county has issued its own specific guidelines
unique to its community with minor variations. Violations are misdemeanors, and
counties handle the enforcement.”
Ige's 13th and 14th emergency proclamations on COVID-19—his most recent—both
include a chart that says "wash, mask, and distance " are among "recommended Safe
Practices."
[Emphasis Supplied]
Source: “Hawaii Gov. Affirms Mandatory Mask Mandate to Fight COVID-19 Ige's office told
the Honolulu Star-Advertiser the his proclamations are clear that “A statewide mandate on
masks already exists. ... With the governor's approval, each county has issued its own specific
guidelines.” By Dan Nakaso, The Honolulu Star-Advertiser, November 10, 2020. Posted by
Government Technology, Emergency Management, Public Safety & Homeland Security
<https://www.govtech.com/em/safety/Hawaii-Governor-Affirms-Mandatory-Mask-Mandate-to-Fight-COVID-19.html>
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