BREAKING NEWS

November 4, 2022:

For Our Rights filed a Reply to the State’s Motion to Dismiss our Amended Complaint.

READ THE REPLY HERE:

October 21, 2022:

The defense for the state entered a Motion to Dismiss For Our Rights’ Amended complaint and a hearing for this motion is set for December 8, 2022 at 2pm HST. The public may attend this conference (audio only) with the information provided below:

1. Dial 1-650-479-3207.
2. Enter your Access Code (1607265019)

READ THE MOTION TO DISMISS MEMORANDUM HERE:

October 7, 2022:

For Our Rights filed an amended complaint in the Federal District Court, removing some claims and causes of action, to narrow it down to be centered on the violations of rights to procedural due process in relation to the quarantine regulations imposed by Governor Ige and Mayor Kawakami.

READ THE AMENDED COMPLAINT HERE:

June 20, 2022:

Appellants in For Our Rights et al. v Ige et al filed an application to the Hawai’i State Supreme Court asking the court to hear our argument that the Intermediate Court of Appeals had erred in upholding the lower court decision that the Governor may extend an emergency period beyond 60 days by way of a supplemental proclamation. On June 20, 2022 the Supreme Court issued their order REJECTING our application. For Our Rights contends that our Emergency Statute is unconstitutional, doing nothing to maintain the separation of powers, and we will continue to work towards correcting this issue as we explore yet another lawsuit to repeal this law and the new amendments under House Bill 1585.

READ THE ORDER HERE:

May 31, 2022:

Appellants in For Our Rights et al. v Ige et al filed a Reply to the State’s Response arguing that the claims concerning the violations to the separation of powers and non-delegation doctrines were absolutely properly raised throughout the complaint and proceedings and that pending legislation bears no weight in deterring the State Supreme Court from hearing our case.

READ THE APPELLANT’S REPLY HERE:

May 24, 2022:

Appellees in For Our Rights et al. v Ige, et al filed a Response to For Our Rights’ application for a Writ of Certiorari, claiming the violations of the seperation of powers and non-delegation doctrines were not properly plead at the Circuit Court level and that pending legisaltion to amend the Emergency Statute should result in the denial of the writ.

READ THE STATE’S RESPONSE HERE:

May 17, 2022:

Motions were filed by Levana Lomma’s criminal defense team asking for a Stay on the proceedings pending the outcome of the State Supreme Court case and also to dismiss the charges. On March 31, 2021 Levana was arrested and subsequently charged for “failure to enter into and remain within” a “designated quarantine location” after she had traveled to speak at an event. Levana did not agree to a designated qurantine location and signed no such contract. 

READ THE MOTIONS HERE:

APRIL 22, 2022:

For Our Rights filed an application for a Writ of Certiorari to the Hawaii State Supreme Court asking this court to reexamine the evidence and rightfully overturn the decision of the Intermediate Court of Appeals in Case CAAP-21-0000024, For Our Rights et al. v Ige, et al. To interpret this law any differently than presented by our legal team makes the entire statute unconstitutional on it’s face, disregarding the separation of powers and allowing the governor of Hawaii the ability to be a dictator indefinitely. 

READ THE APPLICATION HERE:

February 25, 2022:

For Our Rights filed an appeal to the Intermediate Court of Appeals after judgment was made in the Fifth Circuit court on Kauai that the language of our emergency statute, HRS 127A-14(d), grants the defendant, Governor David Ige the legal authority to issue supplemental proclamations to extend a state of emergency beyond the 60 day time frame. For Our Rights attorney, Marc J. Victor of Attorney’s For Freedom argued to the 3 judge panel on January 26, 2022 that this simply cannot stand as such since it is a violation of the non-delegation doctrine and the separation of powers.  The judges handed down their decision to uphold the lower court ruling on February 25, 2022.

READ THE OPINION HERE:

February 16, 2022:

A Motion to Dismiss the (MAFA HI) Complaint filed on December 12, 2021 was enetered by the defense for the County of Kauai and Mayor Derek S.K. Kawakami for “failure to state a claim”.

READ THE MEMORANDUM IN SUPPORT OF MOTION AND REQUEST FOR JUDICIAL REVIEW HERE:

December 12, 2021:

By and through their attorney, Sierra Hägg,  For Our Rights – a non-profit corporation acting on behalf of Make Americans Free Again as the Hawaii Chapter, along with 8 other plaintiffs, did file a civil complaint in the Federal District Court for the District of Hawai’i against Governor David Y. Ige, Kaua’i Mayor Derek S.K. Kawakami and the County of Kaua’i.

READ THE COMPLAINT HERE:

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. The Intermediate Court of Appeals heard the case on January 25, 2022.

Read the Reply here:

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:

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.

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.

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.

The following was submitted:

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.

April 2, 2021:

Levana Lomma filed a Memorandum in Opposition to the State Defendant’s Motion to Dismiss along with Exhibits 1-6.

April 2, 2021:

Levana Lomma filed a Memorandum in Opposition to Defendant Kawakami’s Motion to Dismiss.

March 1, 2021:

Levana Lomma filed her Second Amended Complaint for Declaratory and Emergency Injunctive Relief.

February 16, 2021:

Defendants Connors and Ige filed a Motion to Dismiss Plaintiff’s First Amended Complaint. However, all Motions have been dismissed without prejudice pending the filing of a Second Amended Complaint.

February 14, 2021:

In response, Levana Lomma entered a Motion to Amend her complaint a second time.

January 18, 2021:

For Our Rights Filed a Notice of Appeal to overturn the decision made by the Fifth Circuit Judge, Kathleen Watanabe, which has allowed the Governor to ignore the 60 day limit of power placed in our Hawai’i Emergency Statute. 

January 15, 2021:

Defendant Mayor Derek Kawakami filed a Motion to Dismiss Plaintiffs First Amended Complaint.

December 23, 2020:

Judge Watanabe issued her final judgment on the state case challenging the Governor’s authority beyond 60 days.

November 17, 2020:

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:

November 9, 2020:

On November 9, 2020 For Our Rights filed an Opposition to the State’s Motion to Dismiss.

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:

October 8, 2020:

The State filed a Motion to Dismiss.

September 24, 2020:

For Our Rights moved their case from federal to state court, filing the following complaint in the Fifth Circuit, narrowing in on the argument that the Governor does not have the authority to deprive the plaintiff’s of their constitutional rights with unilateral power beyond 60 days according to HRS Chapter 127A-14(d)

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.

June 24, 2020:

For Our Rights Filed a Reply Brief

June 19, 2020:

The State filed Defendants’ Opposition to Plaintiffs’ Motion For A Preliminary Injunction

June 12, 2020:

A Motion for a Preliminary Injunction was filed by the Plaintiffs

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:
:

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BREAKING NEWS

June 20, 2022:

Appellants in For Our Rights et al. v Ige et al filed an application to the Hawai’i State Supreme Court asking the court to hear our argument that the Intermediate Court of Appeals had erred in upholding the lower court decision that the Governor may extend an emergency period beyond 60 days by way of a supplemental proclamation. On June 20, 2022 the Supreme Court issued their order REJECTING our application. For Our Rights contends that our Emergency Statute is unconstitutional, doing nothing to maintain the separation of powers, and we will continue to work towards correcting this issue as we explore yet another lawsuit to repeal this law and the new amendments under House Bill 1585.

READ THE ORDER HERE:

May 31, 2022:

Appellants in For Our Rights et al. v Ige et al filed a Reply to the State’s Response arguing that the claims concerning the violations to the separation of powers and non-delegation doctrines were absolutely properly raised throughout the complaint and proceedings and that pending legislation bears no weight in deterring the State Supreme Court from hearing our case.

READ THE APPELLANT’S REPLY HERE:

May 24, 2022:

Appellees in For Our Rights et al. v Ige, et al filed a Response to For Our Rights’ application for a Writ of Certiorari, claiming the violations of the seperation of powers and non-delegation doctrines were not properly plead at the Circuit Court level and that pending legisaltion to amend the Emergency Statute should result in the denial of the writ.

READ THE STATE’S RESPONSE HERE:

May 17, 2022:

Motions were filed by Levana Lomma’s criminal defense team asking for a Stay on the proceedings pending the outcome of the State Supreme Court case and also to dismiss the charges. On March 31, 2021 Levana was arrested and subsequently charged for “failure to enter into and remain within” a “designated quarantine location” after she had traveled to speak at an event. Levana did not agree to a designated qurantine location and signed no such contract. 

READ THE MOTIONS HERE:

APRIL 22, 2022:

For Our Rights filed an application for a Writ of Certiorari to the Hawaii State Supreme Court asking this court to reexamine the evidence and rightfully overturn the decision of the Intermediate Court of Appeals in Case CAAP-21-0000024, For Our Rights et al. v Ige, et al. To interpret this law any differently than presented by our legal team makes the entire statute unconstitutional on it’s face, disregarding the separation of powers and allowing the governor of Hawaii the ability to be a dictator indefinitely. 

READ THE APPLICATION HERE:

February 25, 2022:

For Our Rights filed an appeal to the Intermediate Court of Appeals after judgment was made in the Fifth Circuit court on Kauai that the language of our emergency statute, HRS 127A-14(d), grants the defendant, Governor David Ige the legal authority to issue supplemental proclamations to extend a state of emergency beyond the 60 day time frame. For Our Rights attorney, Marc J. Victor of Attorney’s For Freedom argued to the 3 judge panel on January 26, 2022 that this simply cannot stand as such since it is a violation of the non-delegation doctrine and the separation of powers.  The judges handed down their decision to uphold the lower court ruling on February 25, 2022.

READ THE OPINION HERE:

February 16, 2022:

A Motion to Dismiss the (MAFA HI) Complaint filed on December 12, 2021 was enetered by the defense for the County of Kauai and Mayor Derek S.K. Kawakami for “failure to state a claim”.

READ THE MEMORANDUM IN SUPPORT OF MOTION AND REQUEST FOR JUDICIAL REVIEW HERE:

December 12, 2021:

By and through their attorney, Sierra Hägg,  For Our Rights – a non-profit corporation acting on behalf of Make Americans Free Again as the Hawaii Chapter, along with 8 other plaintiffs, did file a civil complaint in the Federal District Court for the District of Hawai’i against Governor David Y. Ige, Kaua’i Mayor Derek S.K. Kawakami and the County of Kaua’i.

READ THE COMPLAINT HERE:

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. The Intermediate Court of Appeals heard the case on January 25, 2022.

Read the Reply here:

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:

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.

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.

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.

The following was submitted:

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.

April 2, 2021:

Levana Lomma filed a Memorandum in Opposition to the State Defendant’s Motion to Dismiss along with Exhibits 1-6.

April 2, 2021:

Levana Lomma filed a Memorandum in Opposition to Defendant Kawakami’s Motion to Dismiss.

March 1, 2021:

Levana Lomma filed her Second Amended Complaint for Declaratory and Emergency Injunctive Relief.

February 16, 2021:

Defendants Connors and Ige filed a Motion to Dismiss Plaintiff’s First Amended Complaint. However, all Motions have been dismissed without prejudice pending the filing of a Second Amended Complaint.

February 14, 2021:

In response, Levana Lomma entered a Motion to Amend her complaint a second time.

January 18, 2021:

For Our Rights Filed a Notice of Appeal to overturn the decision made by the Fifth Circuit Judge, Kathleen Watanabe, which has allowed the Governor to ignore the 60 day limit of power placed in our Hawai’i Emergency Statute. 

January 15, 2021:

Defendant Mayor Derek Kawakami filed a Motion to Dismiss Plaintiffs First Amended Complaint.

December 23, 2020:

Judge Watanabe issued her final judgment on the state case challenging the Governor’s authority beyond 60 days.

November 17, 2020:

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:

November 9, 2020:

On November 9, 2020 For Our Rights filed an Opposition to the State’s Motion to Dismiss.

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:

October 8, 2020:

The State filed a Motion to Dismiss.

September 24, 2020:

For Our Rights moved their case from federal to state court, filing the following complaint in the Fifth Circuit, narrowing in on the argument that the Governor does not have the authority to deprive the plaintiff’s of their constitutional rights with unilateral power beyond 60 days according to HRS Chapter 127A-14(d)

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.

June 24, 2020:

For Our Rights Filed a Reply Brief

June 19, 2020:

The State filed Defendants’ Opposition to Plaintiffs’ Motion For A Preliminary Injunction

June 12, 2020:

A Motion for a Preliminary Injunction was filed by the Plaintiffs

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:
:

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