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HomeMy WebLinkAbout2024-04-03 PL-CCI-2024-000003 Bill 121 Robert Henry Testimony From: Robert Henry To: W PCtesti mono Subject: Written Opposition to Bill 121 Date: Wednesday,April 3,2024 11:55:25 PM Re: Constitutional Opposition to Proposed TAR Bill 121 Due to Violation of the Eighth Amendment Excessive Fines Clause and the Hawaii Constitution Section 12's Excessive Fine Clause. Aloha Council Members, The blatant violation of both Section 12 of the Hawaiian Constitution and the Eighth Amendment of the United States Constitution's prohibition against excessive fines by TAR Bill 121 carries significant legal consequences and must be stopped immediately. The Eighth Amendment to the United States Constitution states: "nor excessive fines imposed, nor cruel and unusual punishments inflicted." This clause serves as a safeguard against governmental abuse of power and ensures that penalties imposed for regulatory offenses are proportionate to the gravity of the offense and the culpability of the offender. In analyzing the constitutionality of Bill 121, it is essential to consider the principles articulated by the Supreme Court in its landmark decision in Timbs v. Indiana. In Timbs, the Court held that the Eighth Amendment's excessive fines clause applies to state and municipal actions, reaffirming the fundamental principle that the government may not impose fines that are grossly disproportionate to the gravity of the offense. When applying these principles to the provisions of Bill 121, it is apparent that the fines stipulated therein are undeniably excessive and disproportionate to the minor offenses. TAR owners would be subject to fines of $10,000 per day for minor infractions such as exceeding occupancy limits, improper parking, noise disturbances during designated quiet hours, or inadequately sized signage. Such penalties are not only punitive but also serve no legitimate purpose other than to impose financial hardship and deterrence of TAR ownership. Moreover, recent legal precedents, such as Tyler v. Hennepin County, underscore the judiciary's growing recognition of the importance of safeguarding individual property rights against governmental overreach. In Tyler, the court struck down aggressive state action that impaired individual property rights, signaling a trend towards heightened scrutiny of governmental actions that encroach upon constitutional protections. Conclusively, proposed TAR Bill 121 constitutes a clear violation of the Constitution's Eighth Amendment's prohibition against excessive fines, and Hawaii's Section 12 Constitution which has the same prohibition against excessive fines. Fines of such magnitude for minor infractions are patently unconstitutional and must be rejected. I urge you to consider the legal arguments presented herein and take immediate action to ensure the protection of all constitutional rights and principles of justice and fairness. As detailed herein, the provisions of Bill 121, which impose daily fines of $10,000 for minor infractions related to transient accommodation rental (TAR) properties, are unconstitutional and must be immediately struck down. Mahalo for your serious attention to this matter, Robert Henry