Here we are, still amid the COVID-19 emergency, and there appears to be some confusion over what laws still apply. The governor and mayors have put out orders using emergency authority, and the governor has suspended many laws.

We need to keep in mind that most of the laws we have still apply, and we need to think about the consequences if we are going to break them.

Sometimes, it is very tempting to think that when we are trying to do good then all laws should fall by the wayside.

For example, consider Maui Brewing Company. A pointed out that the company donated more than 1,000 gallons of hand sanitizer to first responders and others.

The company then decided to give away some bottles of sanitizer to customers who purchased food, drink, or both 鈥 and got into trouble with Maui Liquor Control because you鈥檙e not allowed to offer incentives to purchase alcohol.

鈥淥f course we鈥檙e trying to encourage some business, but is it wrong?鈥 the company鈥檚 president is quoted as saying.

N95 surgical masks are in high demand due to the coronavirus. But be careful how you get them. Flickr: michael_swan

The short answer is that yes, it is wrong. We expect no liquor licensees to offer incentives to purchase alcohol. If we think the law needs to be changed, there鈥檚 a process for doing that.

The Maui News that the sanitizer will be sold going forward.

Taxes To Be Paid

Another interesting story involves an Oahu nurse, as . She was worried about the shortage of personal protective equipment for health care workers like herself.

But she didn鈥檛 just accept her fate. She found someone with access to N95 masks in China.

With her daughter, she started a GoFundMe page. The page raised more than $20,000. She took the money, bought personal protective equipment including N95 masks, and then donated the equipment to many local hospitals.

That may sound like a heartwarming story, but it does raise a couple of questions.

For example, why can a random nurse here in Hawaii buy personal protective equipment in China while thousands of hospitals, clinics, states, counties, and towns here and elsewhere in our country are scouring the universe looking for this stuff?

Is the equipment reliable, or is it going to be a cheap knockoff of a reliable product that either is contaminated to begin with, or is destined to fail in hours or minutes? And what kind of price is being paid?

Is our nurse getting gouged? And is anyone concerned that 20 grand is leaving this country and is going to China?

Also, as we hope our big-hearted nurse realizes, there are taxes that need to be paid. If anyone 鈥 a business, an individual, or a nonprofit 鈥 imports $20,000 worth of equipment, that someone must report the import and pay use tax of 4.5% on it.

If a law needs to be changed, there鈥檚 a process for that.

It doesn鈥檛 matter that the importer 鈥渋ntended to do good.鈥 It doesn鈥檛 matter that the imported goods were donated to tax-exempt 501(c)(3) hospitals.

(If the hospitals imported the equipment themselves, they would be liable for the tax.)

A genuine desire to do good, or to do the right thing, is not a license to disregard all other laws that might get in the way of that desire.

If I, in my excitement about delivering five cartons of N95 masks to Waianae Coast Comprehensive Health Center, barrel down the H-1 freeway at 90 mph with the equipment, I should be prepared to deal with the consequences of perhaps getting a speeding ticket or, God forbid, getting into a motor vehicle accident.

Maybe some laws should be suspended under the circumstances; but I don鈥檛 have the authority to make that call.

Community Voices aims to encourage broad discussion on many topics of community interest. It鈥檚 kind of a cross between Letters to the Editor and op-eds. This is your space to talk about important issues or interesting people who are making a difference in our world. Column lengths should be no more than 800 words and we need a current photo of the author and a bio. We welcome video commentary and other multimedia formats. Send to news@civilbeat.org.聽The opinions and information expressed in Community Voices are solely those of the authors and not Civil Beat.

Support Independent, Unbiased News

Civil Beat is a nonprofit, reader-supported newsroom based in 贬补飞补颈驶颈. When you give, your donation is combined with gifts from thousands of your fellow readers, and together you help power the strongest team of investigative journalists in the state.

 

About the Author