Court Holds First Hearing in COVID-19 Suit

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Oral arguments were heard Friday in the motion by plaintiffs Bryan Jackson and Steven Jay Pincus Hueter for a temporary restraining order and/or preliminary injunction enjoining Governor Lolo Moliga and the American Samoa Government from enforcing restrictions of the various emergency declarations for COVID-19.

The plaintiffs contend that their constitutional, civil and statutory rights to assemble peaceably and peacefully, right to freely exercise their religious beliefs and right to congregate with any number of people freely, have been violated by provisions of the declarations.

They contend that the restrictions violate both the constitutions of the United States and American Samoa.

Jackson and Hueter, who represented themselves, said that absent any COVID-19 cases in the territory the government does not have basis to declare a public health emergency exists.

Jackson pointed out that there are rules and due process for emergency rules to be issued however the government bypassed this process. According to the plaintiffs the restrictions have and continue to irreparably harm them and others economically and non economically.

At the hearing, Jackson said that he was prevented from attending his daughter’s graduation and other school activities because of the restrictions. This he said has caused emotional stress to both him and his family.

Hueter on the other hand said that he wanted to attend a church meeting with his pastor, the pastor’s wife and child and one other person Friday evening after 9pm, but the declaration threatens him with arrest and prosecution.

Assistant Attorney General Alexander Zirschky argued for denial of the motions saying the restrictions the plaintiffs refer to as violating their constructional, civil and statutory rights have expired, are no longer being enforced and are therefore moot.

She also contended that the plaintiffs fail to meet the standard of proof for immediate irreparable harm or injury.

Referring specifically to Jackson’s complaint she said Jackson has not stated with specificity any immediate pre trial injury if he’s not granted relief.

She said the only fact he’s added to his complaint is that he would not be able to attend his daughter’s graduation. But she said this isn’t the type of immediate irreparable harm or injury to warrant the issuance of a TRO or injunction.

Zirschky emphasized that there is compelling public interest for the government to continue the COVID-19 emergency declaration restrictions.

That there is a worldwide pandemic, which as of last week had caused 135,000 deaths in the United States.

She also noted that the plaintiffs have alternate remedy which as they noted in their motion is for the Fono to terminate any emergency declaration.

Plaintiff Hueter who got loud and was interjecting while Chief Justice Michael Kruse was speaking was sternly told not to speak over the CJ Kruse warned that he would have the marshal remove him if he continued.

Kruse instructed Hueter, not to go to church that night unless he gets a temporary restraining order.

The court has taken the matter under advisement.

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