2015 Hawaii Revised Statutes
TITLE 26. TRADE REGULATION AND PRACTICE
489. Discrimination in Public Accommodations
489-7.5 Suits by persons injured; amount of recovery, injunctions.

Note

Sections 489-1 to 489-8 designated as Part I by L 2000, c 227, §3.

§489-7.5 Suits by persons injured; amount of recovery, injunctions. (a) Any person who is injured by an unlawful discriminatory practice, other than an unlawful discriminatory practice under part II of this chapter, may:

(1) Sue for damages sustained, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorneys' fees together with the costs of suit; and

(2) Bring proceedings to enjoin the unlawful discriminatory practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees together with the cost of suit.

(b) The remedies provided in subsection (a) shall be applied in class action and de facto class action lawsuits or proceedings provided that:

(1) The minimum $1,000 recovery provided in subsection (a) shall not apply in a class action or a de facto class action lawsuit; and

(2) That portion of threefold damages in excess of compensatory damages shall be apportioned and allocated by the court in its exercise of discretion so as to promote effective enforcement of this part and deterrence from violation of its provisions.

(c) The remedies provided in this section are cumulative and may be brought in one action. [L 1989, c 386, §2; am L 2000, c 227, §5; am L 2001, c 55, §23]