HomeMy WebLinkAbout2024-04-15 Bill 121 Lisa Hall From: Lisa Hall
To: LPCtestimonv
Subject: Bill 121Opposition
Date: Monday,April 15,2024 4:28:22 PM
Dear Council Members,
I write to address the pressing matter of Proposed TAR Bill 121, which raises significant
constitutional concerns regarding the Eighth Amendment's prohibition against excessive
fines, as well as Section 12 of the Hawaiian Constitution.
The Eighth Amendment of the United States Constitution explicitly prohibits the imposition
of excessive fines and cruel and unusual punishments. This clause serves as a critical
safeguard against governmental abuse of power, ensuring that penalties imposed for
regulatory offenses are proportionate to the gravity of the offense and the culpability of
the offender.
Analyzing the constitutionality of Bill 121 requires careful consideration of legal precedents,
such as the Supreme Court's decision in Timbs v. Indiana. In this landmark case, the Court
affirmed that the excessive fines clause applies to state and municipal actions, emphasizing
that fines must not be grossly disproportionate to the offense committed.
Upon scrutinizing the provisions of Bill 121, it becomes evident that the fines outlined
therein are undeniably excessive and disproportionate to the minor infractions they
address. TAR owners could face fines of $10,000 per day for trivial offenses, such as
exceeding occupancy limits or minor parking infractions. Such penalties serve no legitimate
purpose other than to inflict financial hardship and deter TAR ownership.
Recent legal precedents, such as Tyler v. Hennepin County, underscore thejudiciary's
commitment to safeguarding individual property rights against governmental overreach. In
this case, the court struck down aggressive state actions that encroached upon property
rights, signaling a trend towards heightened scrutiny of governmental actions that violate
constitutional protections.
In conclusion, Proposed TAR Bill 121 violates both the Eighth Amendment of the United
States Constitution and Section 12 of the Hawaiian Constitution, which prohibits excessive
fines. Fines of such magnitude for minor infractions are patently unconstitutional and must
be rejected. I urge you to carefully consider these legal arguments and take immediate
action to ensure the protection of constitutional rights and principles of justice and fairness.
Aloha, Lisa Hall