Lee Cataluna is a columnist for Civil Beat. You can reach her by email at lcataluna@civilbeat.org
In the words of every frustrated parent tired of needless fussing over some trivial matter, “Enough already!”
Thank goodness new Honolulu prosecutor Steven Alm put an end to the case against former U.S. Surgeon General Jerome Adams, who was cited by police last August for stopping at a beach and taking pictures. An emergency order closing the beach parks was in place at the time, part of an effort to reduce the spread of COVID-19 in Hawaii. Adams was part of the same effort.
The Surgeon General was in Hawaii to bring assistance from the federal government for surge testing to determine the extent of community spread in the islands. In between meeting with local government leaders and holding press conferences for local media, Adams went for a drive, stopped for 15 minutes to look at the water at Kualoa Regional Park and took some pictures.
A criminal misdemeanor conviction is punishable by a fine of up to $5,000, up to a year in jail, or both.
This is how Honolulu was ready to show appreciation to the feds for helping out with COVID-19 testing.
Enough already.
Should Adams have been cited in the first place?Ìý OK. Sure. The police officers who wrote up the citation were just doing the job, following directions,Ìýenforcing emergency orders. It would have been wrong for the officer to have given Adams a pass because of his rank and stature.
Think back to how angry the community was in August at all the scofflaws who were openly breaking quarantine or gathering en masse in closed public places. The community was demanding stricter enforcement, a.k.a. “the hammer”, without hesitation or favor.
Then again, one of the most powerful tools a police officer carries is discretion, and perhaps a warning or a bit of “outreach education” could have sufficed in the moment of that encounter at Kualoa Beach Park.
Common sense should have taken over at some point in the last five months. Instead, this case grew and was discussed in as another weird thing that happened in Hawaii.Ìý
What was the harm? Adams wasn’t in a crowd. He wasn’t exposing anyone to icky out-of-state germs. Compared to the bonfire parties on Hawaii beaches and the maskless political rallies being covered on national television, his was a victimless violation.
What he did may have defied former Mayor Kirk Caldwell’s order, but it wasn’t dangerous, and wasn’t even close to the worst sort of violations we’ve seen all through these long months of rules about places we can’t go and stuff we can’t do.
But mostly, the dismissal of this case makes sense because we’re past that point now. We’re beyond the notion that closing beaches and handing out police-issued citations for standing on the sand will save lives and Hawaii’s economy. It would have been great if the enforcement effort had worked, but it didn’t, and continuing to pretend that this was a smart way to keep the community safe is a total waste of time and effort.
“A prosecutor’s paramount goal is to do justice. After a careful review of the facts and law in this case, I have determined that further prosecution of this matter would not achieve that goal,” Alm said last week. “This office’s resources are better spent prosecuting other offenses, including serious violations of the Mayor’s emergency orders that pose a real threat to the public during the COVID-19 pandemic.”
We’re entering a new phase of this pandemic. It is a more proactive, less reactive phase. The focus now is getting people vaccinated against the illness, not busting folks for standing on the sand. Sure, law enforcement should break up big, rowdy beach parties for violating open container laws, trespassing or not having a permit, but what happened with Adams was so petty and inconsequential.
It is a hopeful sign for the reboot of the Honolulu Prosecutor’s Office under Steve Alm. It is a signal that common sense and fairness are back in town.
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How stupid Honolulu came off to the whole World when this happened. It was like one junk comedy, only real.Ìý Our governments looked like amateurs and idiots. First of all, the Governor and/or Mayor should have provided Adams with an escort for his entire visit. Show a little Aloha to this Federal official. The Police Officer should have called for a supervisor for instructions and Chief Ballard should have been involved since this is a top Federal Official breaking a law which he could hardly be expected to know about. And the Prosecutor's Office should have dropped it instead of wasting thousands of taxpayer dollars and court time. Stupid, stupid.Ìý Hope somebody learns something.
Mike·
3 years ago
Well now that the charges are dripped, the overtime spent on those officers was a total waste...
Jay·
3 years ago
"After an initial court hearing, prosecutors filed criminal misdemeanor charges against the pair. Misdemeanor convictions are punishable by up to a $5,000 fine or up to a year in jail, or both."Ìý Civil Beat 11-17-20 by Ian LindÌý ÌýIf you read Lind's article, it provides details that clearly show Adams and the other two men should never have been charged in the first place. They were traversing Kualoa Park to go to the beach for a swim. Under the Mayor's orders at the time, this was a permissible activity.ÌýÌý ÌýThousands of similar citations have been dismissed. So who were the prosecutors who made the outrageous decision to file criminal misdemeanor charges? Were their names on the court documents? They should be publicly identified. This is the only piece missing from this otherwise excellent article by Lee Cataluna. And thank goodness for Steven Alm's common sense. I only hope that he finds a way to rid his office of these prosecutors.
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