Additionally, the DOJ noted that the order harms Hawaii’s tourism industry. It prevents out-of-state individuals who own properties in the state from taking advantage of opportunities available to Hawaiians who haven’t left the island since the start of the COVID-19 pandemic.

Inadequately tailored to further public safety

Furthermore, the DOJ argued that the mandatory self-quarantine violates the Constitution because it is “inadequately tailored to further public safety.”

“Although Hawaii’s Governor may take reasonable steps to protect public safety during the COVID-19 pandemic, the governor must show that the effective discrimination against out-of-staters at issue here bears a substantial relationship to that goal. As of now, he has not done so,” the Justice Department stated.

DOJ Civil Rights Division Assistant Attorney General Eric Dreiband said, “The United States Constitution requires [the] government to protect the privileges and immunities of all citizens in our nation. These privileges and immunities include the right of Americans to travel freely anywhere in our country, and state governments cannot limit the right of out-of-state Americans to travel to their state unless doing so is substantially related to protecting the public safety.”