Case 1:17-cv-00326-DKW-KSC Document 53 Filed 09/20/18 Page 1 of 3

James Hochberg
Haw. Bar No. 3686
JAMES HOCHBERG, A.A.L., LLLC
Bishop Street Tower, Ste 2100
700 Bishop Street
Honolulu, HI 96813
(808) 256-7382
(808) 538-3075 (fax)
jim@jameshochberglaw.com

PageID #: 549

Kevin H. Theriot**
AZ. Bar No. 030446
Kenneth Connelly**
AZ. Bar No. 025420
Elissa M. Graves**
AZ. BAR NO. 030670
ALLIANCE DEFENDING FREEDOM
15100 N. 90TH STREET
Scottsdale, AZ 85260
(480) 444-0020
(480) 445-0028 (fax)
ktheriot@ADFlegal.org
kconnelly@ADFlegal.org
egraves@ADFlegal.org

Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
CALVARY CHAPEL PEARL
HARBOR, d/b/a A PLACE FOR
WOMEN IN WAIPIO, a Hawaii
corporation; NATIONAL INSTITUTE
OF FAMILY AND LIFE
ADVOCATES d/b/a NIFLA, a
Virginia corporation,
Plaintiffs
v.
RUSSELL A. SUZUKI, in his official
capacity as Attorney General for the
State of Hawaii; DAVID IGE, in his
official capacity as Governor of the
State of Hawaii,
Defendants.

Civil Action No. 17-00326-DKW-KSC
PERMANENT INJUNCTION AND
FINAL JUDGMENT

 Case 1:17-cv-00326-DKW-KSC Document 53 Filed 09/20/18 Page 2 of 3

PageID #: 550

PERMANENT INJUNCTION AND FINAL JUDGMENT
In light of the United States Supreme Court’s decision in Nat'l Inst. of
Family & Life Advocates v. Becerra, 138 S. Ct. 2361 (2018), and the parties’
Stipulation For Entry of Permanent Injunction and Final Judgment in Favor of
Plaintiffs, it is hereby ORDERED:
1.

That judgment is entered in favor of Plaintiffs on the First Claim of

their Verified Complaint, filed in this action on July 12, 2017 (Dkt. No. 1).
2.

That Hawaii Revised Statutes § 321-561(b)-(c) is declared to be

unconstitutional under the United States Constitution as-applied to Plaintiffs with
respect to Plaintiffs’ First Amendment Free Speech Claim.
3.

Defendants, their employees, agents, and successors in office, along

with any person acting in concert with them, are permanently enjoined from
enforcing Hawaii Revised Statutes § 321-561(b)-(c) as against Plaintiffs. 1
4.

The remaining claims in Plaintiffs’ Verified Complaint (i.e. the

Second Claim, Third Claim, Fourth Claim, and Fifth Claim) are dismissed,
without prejudice.

1

Plaintiffs brought this action seeking a permanent injunction with respect
to Senate Bill 501, SD1 HD1 CD1, being Act 200 of the 2017 Hawaii legislature
(“Act”). The Act was codified as HRS §§ 321-561 – 321-562. HRS § 321-561(a),
(d)-(f) was unaffected by the United States Supreme Court’s decision in Nat'l Inst.
of Family & Life Advocates v. Becerra, 138 S. Ct. 2361 (2018).
2

 Case 1:17-cv-00326-DKW-KSC Document 53 Filed 09/20/18 Page 3 of 3

5.

PageID #: 551

Pursuant to Local Rule 54.3, the parties are directed to confer and

attempt to reach an agreement as to Plaintiffs’ attorneys’ fees and costs in this
matter. If the parties are not able to reach an agreement as to attorneys’ fees and
costs, Plaintiffs are directed to file a motion, consistent with Fed. R. Civ. P. 54
and LR 54.3, or to schedule a conference with the Magistrate Judge.
SO ORDERED.
DATED: September 20, 2018 at Honolulu, Hawai’i.

/s/ Derrick K. Watson
Derrick K. Watson
United States District Judge

Calvary Chapel Pearl Harbor, et al. v. Russell A. Suzuki, et al.; Civil No. 1700326 DKW-KSC; PERMANENT INJUNCTION AND FINAL JUDGMENT

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