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From: Lisa Hall <br /> To: LPCtestimonv <br /> Subject: Bill 121Opposition <br /> Date: Monday,April 15,2024 4:28:22 PM <br /> Dear Council Members, <br /> I write to address the pressing matter of Proposed TAR Bill 121, which raises significant <br /> constitutional concerns regarding the Eighth Amendment's prohibition against excessive <br /> fines, as well as Section 12 of the Hawaiian Constitution. <br /> The Eighth Amendment of the United States Constitution explicitly prohibits the imposition <br /> of excessive fines and cruel and unusual punishments. This clause serves as a critical <br /> safeguard against governmental abuse of power, ensuring that penalties imposed for <br /> regulatory offenses are proportionate to the gravity of the offense and the culpability of <br /> the offender. <br /> Analyzing the constitutionality of Bill 121 requires careful consideration of legal precedents, <br /> such as the Supreme Court's decision in Timbs v. Indiana. In this landmark case, the Court <br /> affirmed that the excessive fines clause applies to state and municipal actions, emphasizing <br /> that fines must not be grossly disproportionate to the offense committed. <br /> Upon scrutinizing the provisions of Bill 121, it becomes evident that the fines outlined <br /> therein are undeniably excessive and disproportionate to the minor infractions they <br /> address. TAR owners could face fines of $10,000 per day for trivial offenses, such as <br /> exceeding occupancy limits or minor parking infractions. Such penalties serve no legitimate <br /> purpose other than to inflict financial hardship and deter TAR ownership. <br /> Recent legal precedents, such as Tyler v. Hennepin County, underscore thejudiciary's <br /> commitment to safeguarding individual property rights against governmental overreach. In <br /> this case, the court struck down aggressive state actions that encroached upon property <br /> rights, signaling a trend towards heightened scrutiny of governmental actions that violate <br /> constitutional protections. <br /> In conclusion, Proposed TAR Bill 121 violates both the Eighth Amendment of the United <br /> States Constitution and Section 12 of the Hawaiian Constitution, which prohibits excessive <br /> fines. Fines of such magnitude for minor infractions are patently unconstitutional and must <br /> be rejected. I urge you to carefully consider these legal arguments and take immediate <br /> action to ensure the protection of constitutional rights and principles of justice and fairness. <br /> Aloha, Lisa Hall <br />