Justice v. Fuddy

253 P.3d 665, 125 Haw. 104
Hawaii Intermediate Court of Appeals·Decided April 26, 2011·No. 30176·Published·Cited by 3 cases

Opinions

Opinion of the Court by

NAKAMURA, C.J.

This appeal involves a request for disclosure of President Barack Obama’s birth certificate under the Hawai'i Uniform Information Practices Act (Modified) (UIPA), Hawaii Revised Statutes (HRS) Chapter 92F. Plaintiff-Appellant Dr. Robert V. Justice (Plaintiff), appearing pro se, filed a complaint, pursuant to the UIPA, seeking an order directing the Department of Health (DOH) of the State of Hawai'i to permit him “to inspect and copy” President Obama’s original birth certificate. The trial court dismissed Plaintiffs complaint for failure to state a claim upon which relief could be granted.

To be eligible to serve as President of the United States, a person must be a natural born citizen.2 Plaintiff seeks disclosure of President Obama’s birth certificate so that Plaintiff can assure himself that President Obama is eligible to serve as President. Plaintiff contends that he is entitled to such disclosure based on a provision of the UIPA which requires the disclosure of “[gjovernment records pursuant to a showing of compelling circumstances affecting the health or safety of any individual[.]” HRS § 92F-12(b)(3) (1993).

The sole argument Plaintiff raises on appeal, which is also the only specific basis for relief he asserted in the trial court, is that his complaint states a claim for relief under this “compelling circumstances” provision. That provision, however, is directed at requiring access to records in medical or safety emergency situations. We hold that Plaintiff failed to state a claim for relief based on the “compelling circumstances” provision (HRS § 92F-12(b)(3)). Accordingly, we affirm the trial court’s dismissal of Plaintiffs complaint.

I. BACKGROUND

A.

By letter dated December 31, 2008, Plaintiff wrote to Dr. Chiyome Fukino, M.D. (Dr. Fukino), who was then the Director of the DOH (Director),3 “requesting the inspection of the original birth certificate for Barack Hussein Obama II,” pursuant to the UIPA. Plaintiff stated that “[t]he inspection of the original birth certificate will allow me and other fellow Americans to determine whether or not Mr. Obama is eligible to hold the Office of President.”

The Director responded by writing a letter to Plaintiff dated January 23, 2009, denying Plaintiffs request. The Director explained that HRS § 338-18(b) (2010) prohibited the DOH from disclosing to Plaintiff the records he sought and that HRS § 92F-13(4) (1993) of the UIPA did not require disclosure of government records protected from disclosure by state law.

On April 7, 2009, Plaintiff instituted the instant action in the Circuit Court of the First Circuit (Circuit Court)4 by filing a “Complaint to Compel Agency to Disclose Public Records Under the Uniform Information Practices Act (UIPA)” against Dr. Fuki-no, in her official capacity as the Director, and the DOH (collectively, “Defendants”). In his complaint, Plaintiff alleged that he had previously requested, in accordance with the UIPA, “access to and copies of the alleged records in the possession or control of [the DOH]” and that his request had been denied by the Director. Plaintiff attached as exhibits to the complaint and incorporated by reference the December 31, 2008, letter he had sent to the Director as well as the Director’s response. Plaintiff asserted that the “specific document requested is detailed in [the December 31, 2008, letter he sent to the Director].” Plaintiff sought a judgment, pursuant to the UIPA, directing Defendants “to permit Plaintiff to inspect and copy the al[106]*106leged subject record(s) in the supposed custody of [Defendants] to which access has been denied[.]”

B.

Defendants filed a motion to dismiss Plaintiffs complaint pursuant to Hawaii Rules of Civil Procedure (HRCP) Rule 12(b)(6) (2000).5 Defendants argued that Plaintiffs complaint to compel Defendants to grant Plaintiff access to President Obama’s birth record failed to state a claim upon which relief could be granted because: (1) HRS § 338-18(b) prohibits Defendants from disclosing public health statistics records, which include birth records, unless the applicant is a pei’son with a “direct and tangible interest” in the records; (2) Plaintiff had not alleged that he falls within the categories of people considered to have a direct and tangible interest in President Obama’s birth record under HRS § 338 — 18(b), and Plaintiff does not qualify as a person with a direct and tangible interest; and (3) the UIPA, under which Plaintiff brought his suit, provides in HRS § 92F-13(4) that disclosure is not required with respect to government records which are protected from disclosure pursuant to state law.

Plaintiff filed a memorandum in opposition to Defendants’ HRCP Rule 12(b)(6) motion to dismiss. The only ground Plaintiff raised in his memorandum for opposing Defendants’ motion was that his complaint stated a claim for relief based on HRS § 92F-12(b)(3) of the UIPA, which he asserted Defendants had faded to address in their motion. HRS § 92F-12(b)(3) provides:

(b) Any provision to the contrary notwithstanding, each agency shall also disclose:
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(3) Government records pursuant to a showing of compelling circumstances affecting the health or safety of any individual[.]

Plaintiff contended that he was entitled to obtain disclosure of or to inspect President Obama’s birth certificate pursuant to HRS § 92F-12(b)(3), arguing in relevant part as follows:

Plaintiff Dr. Justice takes the position that UIPA requires Defendants under Section 92F-12(b)(3) to disclose or allow for the inspection by Plaintiff Dr. Justice of the original birth certificate of Barack Hussein Obama II purportedly existing. Section 92F-12(b)(3) requires Defendants disclose or allow inspection of a government record (birth certificate is a government record as defined in Section 92F-3) otherwise prohibited under UIPA when there is a “showing of compelling circumstances affecting the health or safety of any individual ”. The United States Constitution under Article II Section 1 requires that an individual be a natural born citizen of the United States in order to be eligible to hold the highest office in the land, which is the Office of President.

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Justice v. Fuddy, 253 P.3d 665, 125 Haw. 104 (hawapp 2011).

253 P.3d 665 (Justice v. Fuddy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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