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I've seen the travel bubble stories - it is all fluff in my opinion. Can the federal government negotiate with another country on entry requirements - yes. I seriously doubt the legality of a state being able to negotiate something like that with a country. the Prime Minister of Japan is going to sign an agreement with the State of Hawaii. I just don't see it. Why not a travel bubble for <insert state here> with low cases?
Can you imagine - people from Japan or wherever traveling freely to Hawaii and can come and go as they please - but I as a resident of Hawaii and US citizen, cannot go to the mainland and come back without quarantine. The lawsuits would come fast and furious. Off the top of my head - it flies in the face of equal protection laws.
Letting in a bunch of people from foreign countries without quarantine but not letting your own citizens travel freely causes a lot more problems than it solves.
Last edited by whtviper1; 05-28-2020 at 09:33 PM..
I think it's a great idea. Why would anyone call it "racist"? People need to look at the actual definition of racist. The word has become a catch-all for anything someone doesn't like even when it doesn't have to do with humans.
I didn't say it - Josh Green said it. But I could see someone from - lets say the Philippines play that card if we let Japanese in. You'll let the Japanese with their money into Hawaii but you won't let Filipinos. Don't underestimate the amount of racism that exists between various Asian countries - they don't all play nicely with one another.
Can you imagine - people from Japan or wherever traveling freely to Hawaii and can come and go as they please - but I as a resident of Hawaii and US citizen, cannot go to the mainland and come back without quarantine. The lawsuits would come fast and furious. Off the top of my head - it flies in the face of equal protection laws..
That’s an interesting point. I hadn’t thought about it in that way.
I've seen the travel bubble stories - it is all fluff in my opinion. Can the federal government negotiate with another country on entry requirements - yes. I seriously doubt the legality of a state being able to negotiate something like that with a country. the Prime Minister of Japan is going to sign an agreement with the State of Hawaii. I just don't see it. Why not a travel bubble for <insert state here> with low cases?
Can you imagine - people from Japan or wherever traveling freely to Hawaii and can come and go as they please - but I as a resident of Hawaii and US citizen, cannot go to the mainland and come back without quarantine. The lawsuits would come fast and furious. Off the top of my head - it flies in the face of equal protection laws.
Letting in a bunch of people from foreign countries without quarantine but not letting your own citizens travel freely causes a lot more problems than it solves.
That's an interesting question. Hawaii certainly cannot choose to allow residents of one country into the state vs. residents of another country; that is federal immigration and customs law and it preempts any attempted state law or practice on the matter. But I couldn't see any actual travel bubble policy actually working like that. Heck, the state doesn't even get to decide who comes into the country via HNL today (that's customs and immigration enforcement) and that certainly wouldn't change under any travel bubble policy.
Rather, I'd see any attempt at such a policy by Hawaii holding that residents from one country (or a particular US state) don't have to quarantine due to a low covid rate. Would that be legal? I don't know. On a US state-by-state level, Florida required residents from certain other US states traveling there to quarantine for 14 days, but not other states. It is clear discrimination, but its not discriminating on the basis of a protected class and so it more easily able to pass constitutional muster; the standard of review would be rational basis, and courts would uphold any such policy so long as it is rationally related to a legitimate government interest.
BUT, even if such a policy was legal on its face, Hawaii would likely get into trouble via its implementation. Indeed, how are you going to tell that someone is Japanese vs. Filipino vs. some other nationality when out on the streets (and in a way that passes legal muster)? That's where the fears of racial/national origin discrimination in policing enforcement come in, and that's where Hawaii would likely get into trouble.
Last edited by prospectheightsresident; 05-29-2020 at 12:10 AM..
The part about the “get tested within 72 hours of your flight” plans I dont yet understand is how do you get the test ? Seems it’s still impossible to just ask for a test and get it. And I can imagine it could take forever to get a test upon arrival if everyone else is also trying to get tested that way.
The part about the “get tested within 72 hours of your flight” plans I dont yet understand is how do you get the test ? Seems it’s still impossible to just ask for a test and get it. And I can imagine it could take forever to get a test upon arrival if everyone else is also trying to get tested that way.
It won't work on the scale needed to bring in enough tourists, not now. Maybe in 6 months to a year once wide spread testing becomes available. We have to book our trips months in advance, time off from work has to be scheduled, hotels, air, rental cars have to be paid for in advance so what happens when 3 days before your departure you test positive ? Air you going to be able to cancel your reservations without penalty ? For a lot of people, this may be a once in a lifetime trip and travel is already complicated enough. What about Corporate functions where you have hundreds of people attending a convention ? Can you imagine testing OK on your departure but it's a false negative and now you are stuck in quarantine for 14 days thousands of miles away from home because you develop symptoms after your arrive ? It just doesn't seem feasible until we get a vaccine and that could take several years if we're lucky.
It won't work on the scale needed to bring in enough tourists, not now. Maybe in 6 months to a year once wide spread testing becomes available. We have to book our trips months in advance, time off from work has to be scheduled, hotels, air, rental cars have to be paid for in advance so what happens when 3 days before your departure you test positive ? Air you going to be able to cancel your reservations without penalty ? For a lot of people, this may be a once in a lifetime trip and travel is already complicated enough. What about Corporate functions where you have hundreds of people attending a convention ? Can you imagine testing OK on your departure but it's a false negative and now you are stuck in quarantine for 14 days thousands of miles away from home because you develop symptoms after your arrive ? It just doesn't seem feasible until we get a vaccine and that could take several years if we're lucky.
The other issue I see is with the test upon arrival for those who didn’t get a test within 72 hours of departure.
So let’s assume you get tested upon arrival instead of departure ( as could be an option in the linked article above) and you test positive. Then what happens to all the other people on the plane who now may have been exposed/contract the virus on the plane. And thus, they then go on about their vacation and start spreading it around the island.
There seem to be no easy answers and no way at present to attempt to re-open the economy without accepting increased risk somehow in some way. I guess best option is wide spread rapid testing becomes available to all people on departing flights.
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People need to look at the actual definition of racist. The word has become a catch-all for anything someone doesn't like even when it doesn't have to do with humans. 
