State v. Kimball

DISSENTING OPINION OF

ABE, J., WITH WHOM LEVINSON, J., JOINS

As to this court’s holding that HRS § 727-24 preempts Section 13-5.1 of the Revised Ordinances of Hono*92lulu, I believe that issue was correctly decided. I do not agree, however, with its disposition of the case, nor the reasoning supporting the affirmance of the circuit court’s decision.

There are two aspects to the first sentence of HRS § 727-24.1 First, it makes it an offense for any person to intrude, or loiter, or loaf, or idle, without proper authority upon the premises of any school, public or private. Secondly, HRS § 727-24…