(11-13-2021, 10:59 PM)kalakoa Wrote: Your "actual rights" aren't really relevant. Best of luck.
Like I said. It's against my better judgement.
But that doesn't mean I won't spread the word about this. Maybe someone with time that can find an activist lawyer would have fun with this.
(11-13-2021, 11:07 PM)HereOnThePrimalEdge Wrote: That's not my definition of "prevail."
Prevail legally. My point was it likely wouldn't be worth it unless you had really deep pockets. That or really good pro bono legal representation.
(11-13-2021, 11:07 PM)HereOnThePrimalEdge Wrote: their actual rights,
Usually determined by "doing your own research."
Works out about the same as Facebook COVID research too.
You could actually attempt to counter my argument with some sort of fact. Explain to me why there are zero court records for any of the people I looked up besides the Kauai couple. With the exception of the Kauai couple, they didn't even collect a fine.
I was taking another look at the court records. The other night the site shut down for maintenance before I could finish, and yesterday I was either driving or riding in a car and I couldn't easily use the court site from my phone.
I paid $3.00 to pull the original complaint for reckless endangerment, and a few other documents. I wasn't going to bother, but you continue with this.
I will admit I misread the date on the amended complaint. I thought that was on 12/24, not the date of the trial which is 4/20. While I admit the Kauai couple could have been a plea deal I'm really doubting that reckless endangerment would stick, and if so not overturned on appeal.
The state can't prevent someone from travelling home, covid positive or not. Even if it had to go to federal court, this would almost certainly get overturned. Breaking quarantine is a bit of a different issue, but still doubting it.
Do you really believe they can? There's nothing different here than Ige admitting he can't prevent tourists from coming, because it is their right as US citizens to travel amongst the 50 states. The state of Hawaii cannot legally convict someone with a crime for merely travelling here, that is... not according to the feds.
The problem is to challenge this in federal court you have to actually have standing. That is you would have to have been convicted in the state of Hawaii, appealed all the way to the Hawaii Supreme Court, then if they still upheld the conviction the first federal court you appealed it to would overturn it without a second thought. If it went this far though, it would be a major stain on Hawaii and especially those who supported the safe travels program.
The point is a public defender, which is what they had, I looked), isn't going to be willing to go through all of this, and most people wouldn't. What the state is doing is still technically illegal though.
It's just it would be very costly and time consuming to call them on. The reason why they aren't collecting fines except for the moronic Kauai couple is because they know if someone calls them on this the whole thing is doomed in federal court.
Maybe you could explain to me why you are so hellbent on attacking me through fallacious means. Screeching "doing your own research" over and over doesn't help your argument whatsoever.
Put down the knife, jeez.