Challenging Mandatory Testing / Quarantine at the Airport
NO ONE CAN LEGALLY FORCE YOU TO QUARANTINE IF THEY HAVE NO PROOF THAT YOU ARE SICK!
Under Hawai’i Revised Statutes Chapter 325 Section 8 an individual can be quarantined only through the issuance of an ex-parte order from the court. The individual to be quarantined is served a copy of the court order and is given notice of the right to contest. No government agent can deprive you of your right to life, liberty or property without going through these steps. This is what is referred to as Due Process.
A court order to quarantine can only be issued LEGALLY if it has been determined by a medical professional that you are in fact carrying a communicable disease.
This is a Formal Request for a Hearing, Affidavit of Fact and Notice of Liability that can be used to put these public officials on Notice that you are aware of the law and aware that they are violating it. The affidavit of fact lays out the terms for violating your God-given unalienable rights and clearly defines those rights. This document should be notarized and delivered through certified mail. Be sure to hold on to all receipts.
Upon receipt of this document if no court order is produced, no hearing to contest is set and no counter Affidavit is received within the time you allow them you will then be able to use the document as sworn court testimony and UNDISPUTED FACT that may result in a default judgement in your favor if any legal action is brought upon you for “violating quarantine”.
No “authority” at any airport has any jurisdiction over you nor any right to deny you your liberty to travel freely. They may threaten you with arrest but this would be unlawful and you can let them know any unlawful arrest will result in a civil action against that officer. Do NOT be aggressive but be firm and confident in your knowledge of the law! Study everything diligently before you fly! Be prepared!
If you are forced to sign papers out of fear of arrest add next to your signature “UNDER DURESS”. Then also add the name of the officer making you sign the paper in the blank space for “Parties to Be Added”. Let him know that if he is forcing you to sign his paper, then he must acknowledge that he becomes a party to the Notice of Liability and that appropriate action will be taken if your rights to freedom of movement are violated. You sign his – he signs yours. He will refuse to sign, but add his name for him and write “REFUSED” under the signature space. Make sure you get a full name and badge number for your records and then SERVE the Notice of Liability directly to him before leaving.
Request for Hearing Affidavit of Fact
This is a template – Please replace personal information with your own