DOJ says Hawaii’s COVID-19 self-quarantine order is unconstitutional

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Hawaii Gov. David Ige press con COVID-19
Hawaii Governor David Ige press conference regarding statewide stay-at-home order

The U.S. Department of Justice (DOJ) is challenging Hawaii Gov. David Ige’s COVID-19 executive order mandating a 14-day self-quarantine for individuals entering the state.

Gov. Ige’s order was in response to the COVID-19 pandemic. Currently, Hawaii has 819 positive cases, with 13% of the infected individuals having required hospitalization.

The mandatory self-quarantine “applies to all arrivals at state airports from the continental U.S. and international destinations and extends to other private and commercial aircraft.”

Anyone who violates the order will face a misdemeanor charge and will pay a maximum penalty of $5,000 or imprisonment of not more than one year or both.

Discrimination against out-of-state residents

On Wednesday, the DOJ filed a statement of interest in Hawaii federal court, supporting a lawsuit by California and Nevada residents who own property in the state and are against Gov. Ige’s order.

In the statement of interest, the Justice Department explained that Hawaii’s self-quarantine order “effectively discriminates against out-of-state residents” since those who live in the state are not subject to the requirement and can travel freely across the state.