(BIVN) – There were 935 new cases of COVID-19 identified in the State of Hawaiʻi this week, down from the 959 cases reported last week. Of those, 92 new cases were identified on Hawaiʻi island, up from the 54 cases reported the week before.

On the Health Department’s zip code area map showing reported COVID-19 cases with onset dates in the past 14 days, there are five (5) zip code areas on the Big Island showing over 11 cases. Zip code areas not listed below have recorded 10 cases or less in 14 days.

• 96720 (Hilo) – 45 cases
• 96749 (Keaʻau) – 11 cases
• 96778 (Pāhoa) – 17 cases
• 96740 (Kona) – 20 cases
• 96743 (Waimea) – 11 cases

The average test positivity rate on Hawaiʻi island this week was at 5.0%, up from the 4.5% that was reported last week.

Hawaiʻi announced a victory in federal court today, prevailing in a federal challenge to its COVID-19 Emergency Proclamations enacted during the previous administration of Governor David Ige.

From the Department of the Attorney General:

The U.S. District Court for the District of Hawaiʻi dismissed a federal constitutional challenge to COVID-19 emergency proclamations (EPs) issued by former Governor David Ige.

Gov. Ige issued the first EP concerning COVID-19 on March 4, 2020, and thereafter issued multiple supplemental EPs regarding the global pandemic’s impact on Hawaiʻi. The last COVID-19 EP in Hawaiʻi expired on March 25, 2022.

The Plaintiffs—a non-profit corporation called “For Our Rights” and five residents of Kauaʻi—sought monetary damages, claiming that Gov. Ige violated their due process rights under the Fourteenth Amendment to the U.S. Constitution by issuing the subject EPs without first making individualized health assessments, offering timely notice about the requirement to quarantine and the right to challenge it, and holding hearings.

U.S. District Court Judge Jill A. Otake rejected these arguments and dismissed the case, holding that the Fourteenth Amendment did not require that the EPs provide for individualized notice or hearings and that the quarantine requirement in the EPs did not constitute a “seizure” within the meaning of the Constitution.

“The COVID-19 Emergency Proclamations were lawful and addressed the unprecedented impact of a global pandemic on our islands,” says Deputy Attorney General Skyler Cruz, who served as lead counsel in the litigation. “We are grateful for the Court’s thoughtful and well-reasoned analysis.”

The case is For Our Rights, Inc. v. Ige, Civil No. 21-00488 JAO-KJM. A copy of the District Court’s dispositive orders can be found here and here.