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Monday, May 6, 2024

Bars want compensation from Hawaii for being shut down during pandemic

Federal Court
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Gov. David Y. Ige | governor.hawaii.gov

HONOLULU (Legal Newsline) – Bars are suing Hawaii officials over shutdown orders, claiming their civil rights have been violated.

Five bars in Honolulu County filed their lawsuit Oct. 20 in federal court against Gov. David Ige, Attorney General Clare Connors and Honolulu Mayor Kirk Caldwell.

The suit says targets shutdown orders that have kept bars closed during the COVID-19 for more than 225 days while restaurants and retailers have been allowed to stay open.

“With the exception of the time periods during the first and second shutdowns, all nearly all businesses, essential and non-essential, were permitted to open and operate, provided that they adhered to social distancing and other CDC guidance and State/City regulations,” the suit says.

“There was, and there is, no rationale that supports the decision to keep bars and nightlife venues closed.”

The suit also seeks compensation, claiming the Fifth Amendment requires the government to pay for property it takes.

“Defendants’ proclamations and orders prohibit all economically beneficial and profitable uses of the Plaintiffs’ tangible property and physical location,” the suit says. “The entirety of the Plaintiffs’ property rights (has) been extinguished.”

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