On June 9, 2020 For Our Rights along with 16 other plaintiffs filed a complaint in federal district court against Governor Ige for Emergency Orders Related to the Covid-19 “pandemic” issued on March 4, 2020, claiming constitutional rights violations and a question of state law based on the 60 day provision within our emergency statute. This complaint was filed on behalf of the plaintiffs by Marc J. Victor with Attorney’s For Freedom.
Read the complaint here:
A Motion for a Preliminary Injunction was filed by the Plaintiffs on June 12th:
On June 19th the State filed DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION:
For Our Rights filed a Reply Brief on June 24, 2020:
On June 25, 2020, to avoid interfering with a possible win for the Carmichael case by having our hearings combined, For Our Rights decided to withdraw our complaint without prejudice. The judge ruled in favor of the State on the Carmichael case and For Our Rights began drafting a complaint for state court. We felt challenging the 60-day issue was our strongest chance at a win, so we changed directions but with intent to bring our federal case back in again in the future.
On September 1, 2020 For Our Rights filed in state court bringing into question the legality of the continued emergency orders beyond the 60 day boundary clearly stated in HRS 127-A 14(d). Read the complaint here:
On October 8, 2020 the State filed a Motion to Dismiss:
On November 9, 2020 For Our Rights filed an Opposition to the State’s Motion to Dismiss:
The case was heard on November 17, 2020 and judge Kathleen Watanabe ruled in favor of the state, claiming that the law should be interpreted in a manner which would allow for extensions to the time limit regardless of the unambiguous language. Read the transcripts here:
Judge Watanabe issued her final judgment on December 23, 2020:
For Our Rights Filed a Notice of Appeal on January 18, 2021:
On October 28, 2020 Levana Lomma filed a complaint in federal district court as an unrepresented litigant challenging the mask mandate in the State of Hawaii for being unconstitutional. Read the first amended complaint here:
On January 15, 2021 Defendant Mayor Derek Kawakami filed a Motion to Dismiss Plaintiffs First Amended Complaint:
In response Levana Lomma entered a Motion to Amend her complaint a second time on February 14, 2021:
On February 16, 2021 Defendants Connors and Ige filed a Motion to Dismiss Plaintiffs First Amended Complaint however all Motions have been dismissed without prejudice pending the filing of a Second Amended Complaint:
On March 1, 2021 Levana Lomma filed her Second Amended Complaint for Declaratory and Emergency Injunctive Relief:
On April 2, 2021 Levana Lomma filed a Memorandum in Opposition to the State Defendant’s Motion to Dismiss along with Exhibits 1-6:
On April 2, 2021 Levana Lomma filed a Memorandum in Opposition to Defendant Kawakami’s Motion to Dismiss:
On April 7, 2021 Judge Otake requested all parties to provide an explanation on whether the disposition of the State Case in appeal would have any effect on the mask challenge and if so, whether a stay would be appropriate.
On April 14, 2021 Judge Otake asked for further explanation in lieu of the State and County reply to Plaintiff’s Opposition to Motion to Dismiss and the following was submitted:
Response from Lomma:
The State’s Response:
On April 29, 2021 For Our Rights filed an Opening Brief for our appeal by and through their attorney Jody Broaddus along with an Appendix for the relevant new caselaw out of Wisconsin in Fabick v. Evers:
On May 17, 2021 Judge Jill A. Otake submitted her Order dismissing in part and staying in part the Federal Mask Lawsuit pending the outcome of the State Appeal:
On July 7, 2021 the state submitted their Answer Brief in response to the Opening Brief for the state appeal filed by Jody Broaddus, attorney for For Our Rights, on April 29, 2021.
Read the State’s Answer here:
On July 30, 2021 For Our Rights filed their Reply Brief in response to the State’s Answer and now the next step will be a decision on the appeal by a 3 judge panel. Date to be announced.
Read the Reply here: