In Hawaii, there's a new legal penalty for those labeled as a 'Karen' when invoking law enforcement.

New State Law in Hawaii Aims to Prevent Discriminatory Calls to Law Enforcement

A new law, Act 259, has been enacted in Hawaii, effective from September 1, 2022. This legislation aims to address the issue of discriminatory calls to law enforcement, particularly against individuals belonging to historically marginalised groups such as mahu, LGBTQIA+ individuals, Native Hawaiians, people of colour, and persons with disabilities.

The bill, Senate Bill 116, was introduced by Sens. Karl Rhoads, Stanley Chang, and Chris Lee. It states that while vigilance of citizens can keep communities safe by reporting witnessed criminal conduct to law enforcement, summoning law enforcement in certain circumstances has been misused against people of protected classes without reason to suspect a crime was being committed.

Under Act 259, a lawsuit may be filed against anyone who knowingly causes a law enforcement officer to come to a location to contact another individual with the intent to harass or embarrass, harm their reputation, or infringe upon their rights based on a protected class. The penalties for such actions include fines of at least $1,000 and legal fees.

The House Judiciary and Hawaiian Affairs Committee voted 8-2 to advance the bill to final House and Senate votes. The final vote in the Senate was 23-2, with Republican members also split. Rep. Kurt Fevella voted for the bill, while Reps. Brenton Awa and Samantha DeCorte voted against it.

Mike Lambert, Director of the Department of Law Enforcement, stated that any fraudulent reporting that discriminates or causes harm to another based on a protected class is contrary to the agency's mission. Marcus Kawatachi, executive director of the Hawaii Civil Rights Commission, echoed this sentiment, stating that Act 259 is about upholding the fundamental rights and dignity of all people.

However, concerns have been raised about the potential for the law to label an honest report as discriminatory based on someone else's perception of intent. David Nichols expressed this concern, while Lynn Robinson-Onderko and Kathleen O'Dell urged lawmakers to pass the bill, stating that it is needed for accountability for people who "weaponize" law enforcement with malicious, discriminatory calls for police.

The Hawai'i Civil Rights Commission and the state Department of Law Enforcement are required to inform the public about this new law. Reps. Diamond Garcia and Garner Shimizu initially voted against the bill in the committee, but Shimizu later voted for the bill, stating his support for the bill's purpose to protect all people and his desire for people to be judged based on their actions and merit alone.

The bill's passage follows a trend in other states, such as California, where the CAREN Act has been enacted to address similar issues. However, Crossland, a critic of SB 116, claimed that the CAREN Act in San Francisco led to a spike in lawsuits, costing taxpayers over $1.2 million due to much litigation being dismissed as frivolous.

The term "Karens" has come to represent instances of targeting individuals based on their protected class, often recorded on video and posted on social media. Abby Simmons, chair of the Democratic Party of Hawai'i's Stonewall Caucus, testified that baseless and discriminatory calls to police happen far too often and divert genuine emergency responses, and that there is a need for legislation to protect individuals from being singled out simply for existing in public spaces.

In conclusion, Act 259 is a significant step towards addressing discrimination in Hawaii, particularly in the context of calls to law enforcement. The law aims to promote accountability and uphold the rights and dignity of all individuals, regardless of their protected class.

In Hawaii, there's a new legal penalty for those labeled as a 'Karen' when invoking law enforcement.