Juice Tree Hawaii, Inc. v. Yuen

Civ. No. 58218 (Haw. Cir. Ct. September 18, 1979)

The court declares unconstitutional an Hawaii statute prohibiting the sale of plastic beverage containers. On the basis of the parties' stipulation of facts, the court rules that the statute denies package manufacturers their rights to equal protection and due process, is unconstitutionally vague, and imposes an undue burden on interstate commerce in violation of the Commerce Clause.

A copy of the parties' stipulation of facts is available from ELR (18 pp. $2.25, ELR Order No. C-1198).

Counsel for Plaintiffs
William H. Dodd, Stephen T. Robinson
Chun, Kerr & Dodd
Suite 1408, Amfac Bldg., 600 Bishop St., Honolulu HA 96813
(808) 531-6575

Counsel for Defendant
Laurence K. Lau, Phillip F. Moon, Deputy Attorneys General
State Capitol, 415 S. Beretania St., Honolulu HA 96813
(808) 548-4740

[9 ELR 20739]

Fong, J.:

This matter was submitted to the court upon stipulated facts. A trial on the merits was held before the undersigned in his courtroom on Wednesday, August 15, 1979. Plaintiffs appeared by their attorneys, William H. Dodd and Stephen T. Robinson, and defendant appeared by his attorneys, Laurence K. Lau and Phillip F. Moon, Deputy Attorneys General. Based upon the pleadings, memoranda, stipulation of facts, and argument of the parties hereto, and the files and records herein, the court makes the following findings of fact and conclusions of law:

Findings of Fact

The court adopts and incorporates herein by reference the parties' Stipulation of Facts heretofore filed on August 13, 1979 as the court's findings of fact.

Conclusions of Law

1. This court has jurisdiction over this action and the parties hereto.

2. A justiciable case of actual controversy exists between the parties hereto.

3. The prohibition of the sale or offer for sale of beverages in plastic containers contained in HRS § 339-7(b) [HAWAII REV. STAT. § 339-7(b)] is not rationally related to its stated purposes or goals of reducing the amount of litter in Hawaii and, therefore, deprives plaintiffs of their property without due process of law in contravention of article I, § 4 of the Constitution of the State of Hawaii and the Fourteenth Amendment to the United States Constitution.

4. The prohibition of the sale or offer for sale of beverages in plastic containers contained in HRS § 339-7(b) [HAWAII REV. STAT. § 339-7(b)] arbitrarily discriminates against those who sell or offer for sale beverages in plastic containers and, therefore, deprives plaintiffs of the equal protection of law guaranteed by article I, § 4 of the Constitution of the State of Hawaii and by the Fourteenth Amendment to the United States Constitution.

5. The statute prohibiting the sale or offer for sale of beverages in plastic containers, HRS § 339-7(b) [HAWAII REV. STAT. § 339-7(b)], is so vague as to be violative of the due process guarantees contained in article I, § 4 of the Constitution of the State of Hawaii and the Fourteenth Amendment to the United States Constitution.

6. The prohibition by HRS § 339-7(b) [HAWAII REV. STAT. § 339-7(b)] of the sale or offer for sale of beverages in plastic containers constitutes an unreasonable burden on and interference with the free flow of interstate commerce and is beyond the police power of the state and is, therefore, violative of article I, § 8 of the United States Constitution.

7. Plaintiffs will suffer irreparable injury and damages if the implementation and enforcement of HRS § 339-7(b) [HAWAII REV. STAT. § 339-7(b)] is not enjoined.

8. HRS § 339-7(b) [HAWAII REV. STAT. § 339-7(b)] which provides "No person shall sell or offer for sale in this State any beverage in a plastic container" is unconstitutional and, therefore, null, void and unenforceable.

9. Plaintiffs are entitled to the declaratory and injunctive relief prayed for in their Complaint herein.