First, Hawaii vacation rental owners and managers this week threatened a $1 billion suit if they are not allowed to open. Second, a new federal lawsuit alleges violation of fundamental right to interstate travel and more.
During this, Kauai yesterday approved the reopening of vacation rentals for anyone not under 14-day isolation restrictions. The Big Island mayor said he’s working on a similar rule that could also take effect on June 16. The governor said he is still considering the appropriateness of this change for the rest of the state. “Certainly this is something that we’re working with the counties on as appropriate on a county-to-county basis
The threatened suit could thus be resolved, while the other suit below, may not. We also expect that further actions related to the prolonged closure of normal travel and how it may resume, will be forthcoming.
Vacation rentals are singled out as nonessential – is government picking favorites?
This week Honolulu law firm Damon Key demanded that the state lift the ban on short term vacation rentals in order “to ensure that legal action is not necessary.” Attorney Gregory Kugle said, “We don’t think it is fair or legal for the government to pick favorites and determine which sectors survive and which don’t.”
The $1 billion suit reads that “The emergency orders have singled out vacation rentals as nonessential businesses while allowing hotels, motels, timeshares, and condo-hotels to continue to operate as essential businesses. This has resulted in the state and counties affirmatively discriminating against lawfully operating business owners. The owners of vacation rentals are being denied due process rights and not being treated equally under the law.”
The state and others have been concerned about the lack of ability to monitor visitors in vacation rentals while in mandatory isolation. Visitors must complete the 14-days in a hotel first, which given the average length of a stay, still makes no sense for the majority of visitors.
Second lawsuit filed on extension of Ige’s emergency order.
Another lawsuit, this one a federal civil rights action, was filed in Honolulu yesterday, together with a motion for a temporary restraining order. That on behalf of a group of Hawaii residents.
The suit and Temporary Restraining Order request, assert that extensions of Ige’s emergency order violate the US and Hawaii state constitutions. It states, “The governor has the authority to declare an emergency and make rules regarding the emergency on the grounds that it can be difficult to quickly assemble the Legislature to respond to an emergency, but that authority expires after 60 days.” The suit also alleges that the 14-day isolation rules in effect violate “fundamental right to interstate travel,” among other things.
On Hawaii travel resumption: Interisland is a go and no word on other arrivals.
This comes as the state will (1) remove the 14-day requirement for interisland travel starting June 16, while (2) leaving it in place at least through July 31 for mainland and international arrivals.
Beat of Hawaii: The state has failed to put forth any proposal on which Hawaii visitors and residents, travel industry stakeholders, as well as local businesses, employees, and others can base future plans.
In the U.S., people everywhere are suffering from unemployment, stress, fear, and anxiety. People are tired of lockdowns. Hawaii too. The difference is, in Hawaii, very few are sick and only 17 have died. On the mainland, 120,000+ people have died. Many people on the mainland won’t wear masks or socially distance: they seem incapable of caring about others and assume nothing bad can happen to them. How would they behave on Hawaii, where many go to party? Please stay safe Hawaii.
The rise of the banana republic, a new 3rd world Hawaii none of us expected, complete with ruling class and “little people” as one of the commenters stated. Such a shame
This is the entire reason that Hawaii cannot open up. You would probably be the one refusing to wear a mask and giving others a hard time for wearing one. I get everyone wants to get back to work but at what cost? Cases are skyrocketing EVERYWHERE that has opened up in the USA.
The only country becoming a banana republic is the USA. Today England and the EU are considering a flight ban on guess who? US the USA because of our total lack of taking this vi rus seriously but your railing on about Hawaiis leadership?
Please and Thank You. We received a full refund for our 2 week vacation rental. Through VRBO but it was entirely up to the owner who graciously refunded our full mount including renters insurance. I am really sorry we won’t be able to come for our Summer vacation this year. But after this uncertainty and waiting for the Governor to make up his mind, we will think more than twice about making plans for Hawaii again. That probably makes many people there happy. So don’t worry, be happy. BTW we are a mixed family of Filipino Americans and ex GI’s. We have family on Oahu. Part of the reason we like to come to Hawaii is the many Filipinos who reside there and do so much of the work.
Just come back when this is under control and treatable. This was not created to spoil your vacation. Take care of your family and don’t put them at risk. They are very lucky to be in Hawaii.
So I’ve been watching this and commented. What is the status of the suit?