Public Nuisance Law Expanded to Allow Abatement of Prostitution, Obscenity, Gambling and Illegal Drugs

Those of you familiar with my annual legislative update know that I often discuss new laws that can affect Hawaii community associations even though they may not strictly be community association law. A few years ago, the legislature adopted a provision that allowed citizens and organizations to bring an action to abate nuisances involving prostitution, promoting prostitution, obscenity, gambling and illegal drugs. Act 123 amends Part V of Chapter 712 by clarifying that the standard of proof in these type of actions is preponderance of the evidence. In other words, the plaintiff is only requied to show that it is more likely than not that these type of nuisance exists. It also allows the court to issue a protective order to keep the identity of any witnesses secret if there have been prior threats or acts of violence by the defendant. The Act also clarifies the scope of injunctive relief that may be awarded to include enjoining the maintaining, aiding, abetting, or permitting a covered nuisance. The law originally allowed an injunction for causing the nuisance. For those associations that have problems with prostitution, obscenity, gambling or illegal drugs in their project, a nuisance abatement suit is a possibility.