HAWAII COVID-19 Update: Friday, March 27, 2020 — State, County In-Shelter Emergency Order Analysis

The State of Hawaii, City & County of Honolulu, County of Maui, and the County of Kauai  (Emergency Rules 2 to 5, as amended) have issued in-shelter emergency orders affecting the State and their respective Counties.

Please click here to see our summary of various orders. 

Additionally, click here for a side-by-side legal comparison of the emergency powers of the Governor and County Mayors. 

The Governor’s latest Proclamation does not state that it preempts the other Mayors’ order. Rather, it states, “In the event of any inconsistency, conflict or ambiguity between this Third Supplementary Proclamation and any county emergency order, rule, directive or proclamation, the relevant documents shall be read to allow for maximum flexibility so that essential businesses and operations continue unimpeded.” It does not state what happens if there is a conflict that does not affect essential businesses and operations. Unless the matter affects only local conditions, we would assume that the Governor’s order controls. 

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William M. Kaneko

About William M. Kaneko

William Kaneko is a partner in the Honolulu office, where he advises clients on administrative law, government relations, public affairs, strategic planning, lobbying and community relations. He represents clients before government agencies at the federal, state and county levels. He has been listed in Best Lawyers in America for government relations law, and named one of Honolulu Magazine's Best Lawyers in Hawaii, every year since 2009. In 2014, 2017 and 2021, Best Lawyers named him Hawaii Lawyer of the Year for Government Relations.

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