hawaiioceanlaw.com

New ICA Case - No UIPA Attorney's Fees for Returning Records to Gov't

Hawaii's Intermediate Court of Appeals just issued a memorandum decision (not published in a bound reporter) regarding Hawaii's Information Practices Law and the availability of attorney's fees to litigants.  The underlying case involved runoff into the ocean, but those issues weren't germane to the decision.

In State of Hawaii v. Earthjustice, pursuant to a request under Hawaii Revised Statutes Ch. 92, the State Department of Health apparently inadvertently disclosed the records of a third party to Earthjustice.  When the State attempted to retrieve the documents, their attempts were denied.  A lawsuit followed and most of the documents were returned. 

Earthjustice thereafter sought attorney's fees for the litigation.  The Intermediate Court of Appeals found that the fee statute in Ch. 92 only provided fees when the litigation was required to compel disclosure, not the return of records.

Hawaii's courts of appeal usually strictly construe fee-shifting statutes, like the one here.

Fair Winds to a Coast Guard Aviation Pioneer

The L.A. Times is reporting the death of an aviation pioneer in the Coast Guard, retired Captain Bobby Wilks, USCG.

While the news reports recount some of his more daring rescues, he is also notable for his status as the first African-American officer to make the rank of Captain, the first African-American Coast Guard aviator and the first African-American Commanding Officer of a Coast Guard Air Station. [Note for the budding historians - Mike Healy did not make the rank of Captain in the Coast Guard, but the Revenue Cutter Service.

Fair Winds Captain Wilks.

Maui County Ponders "Shark Tour" Ban

The County of Maui is considering a bill purporting to ban shark tours.  KITV reported the story here.

I pulled the bill from Maui County's website. 

The text is short, so I have reproduced below:

SECTION 1. Findings and purpose. The Council finds that sharks have been revered throughout Hawaiian history; sharks, called mano in Hawaiian, continue to carry great cultural, historical, and spiritual significance for many Native Hawaiians and others who value the Hawaiian culture; the mano is regarded by some people in Maui County as their 'aumakua, a protective ancestral spirit; and the General Plan directs the County government to preserve Maui County's cultural resources. The Council further finds that shark tours—the practice of charging residents and visitors to venture into ocean waters to feed and view sharks for entertainment—is disrespectful of Hawaiian culture; raises public-safety concerns for swimmers, surfers, and other ocean users; and may be disruptive of ocean ecology and, consequently, Maui County's natural environment. The Council also finds that the health, safety, and general welfare of Maui County residents will be promoted by prohibiting shark tour operations.

SECTION 2. Title 6, Maui County Code, is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter 6.02

PROHIBITION OF SHARK TOUR OPERATIONS

Sections:

Section 6.02.010 Definition.

Section 6.02.020 Prohibition.

Section 6.02.030 Violation—Penalty.

6.02.010 Definition.

For purposes of this chapter, the following term is defined:

"Shark tour operations" means the maintenance of an office, the collection, distribution, marketing, or advertising of tickets for sale, or other business activity conducted by a person in Maui County for the purpose of charging residents or visitors to venture into ocean waters to feed and view sharks for entertainment. This term does not include educational or cultural expeditions or endeavors for which a participation fee is not required.

6.02.020 Prohibition.

Shark tour operations are prohibited.

6.02.030 Violation—Penalty.

Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 or imprisoned not more than one year or both."

SECTION 3. This ordinance shall take effect upon its approval.