US judge to examine Hawaii quarantine challenge

HONOLULU — A judge is expected to consider Thursday whether to grant a request to stop Hawaii from enforcing a quarantine on arriving travelers, meant to control the spread of the coronavirus.

A group of Hawaii, California and Nevada residents filed a lawsuit saying Hawaii’s emergency order is unfair and unnecessary. They gained the support of the U.S. Department of Justice, which filed a statement saying the quarantine discriminates against out-of-state travelers, even though it also applies to residents.

U.S. District Judge Jill Otake has said she will disregard the Justice Department’s statement when deciding whether to issue a temporary restraining order. It’s not clear when Otake will issue a ruling.

She has asked both sides to address how the case is impacted by Gov. David Ige’s announcement that starting Aug. 1, travelers may bypass the quarantine if they test negative for the virus before arriving in Hawaii. Ige has yet to release full details but said the testing program is modeled after one in Alaska.

“In an overreaching response to the coronavirus pandemic, defendant has significantly and unconstitutionally restricted the travel rights of Americans,” the plaintiffs said in an application for the temporary restraining order.

In opposing a restraining order, the state argued the quarantine has helped Hawaii maintain a low rate of infection compared to other parts of the U.S.

As of Wednesday, Hawaii’s health department had reported 926 positive cases and 18 deaths since the outbreak began.

Restrictions imposed by Hawaii balance public safety and liberties, while saving lives, the state said.

Sacrifices by the people “have allowed the state to reopen the economy in measured steps designed to prevent a ‘second wave’ of COVID-19 infections and keep the pandemic within the state’s healthcare capacity,” the state said in opposing the restraining order application.