Hawaii’s Aloha Spirit Law, codified at Hawaii Revised Statutes § 5-7.5, asks state officials and judges to consider five Hawaiian values — kindness, unity, agreeableness, humility, and patience — when carrying out their duties, but it creates no enforceable rights and no penalties for ignoring it. The statute was enacted in 1986 and uses the word “may” rather than “shall,” which is why no one has ever successfully sued under it.1Justia. Hawaii Code 5-7.5 – Aloha Spirit
What the Statute Says
Section 5-7.5 defines “Aloha Spirit” as “the coordination of mind and heart within each person” and describes aloha as “the essence of relationships in which each person is important to every other person for collective existence.” It then breaks the word “Aloha” into five values, each tied to a letter:
- Akahai: kindness, expressed with tenderness
- Lōkahi: unity, expressed with harmony
- ʻOluʻolu: agreeableness, expressed with pleasantness
- Haʻahaʻa: humility, expressed with modesty
- Ahonui: patience, expressed with perseverance
Part (b) addresses a specific list of officials: the legislature, the governor and lieutenant governor, executive department heads, the chief justice, associate justices, and judges of Hawaii’s appellate, circuit, and district courts. These officials “may contemplate and reside with the life force and give consideration to the ‘Aloha Spirit'” when performing their duties.1Justia. Hawaii Code 5-7.5 – Aloha Spirit The statute refers to these values as part of an “unwritten law” and an interpretive framework, language that signals aspiration rather than regulation.
Why the Law Can’t Be Enforced
In legal drafting, “shall” creates a duty and “may” grants permission. The legislature chose “may.” Compare that to Hawaii’s Standards of Conduct code, which says “no employee shall use or attempt to use the employee’s official position to secure unwarranted privileges” — binding language with real consequences attached.2Justia. Hawaii Code 84-31 – Duties of Commission The Aloha Spirit Law was deliberately written without that kind of command.
Plaintiffs have cited § 5-7.5 in lawsuits over Native Hawaiian rights, land use, and environmental decisions, usually arguing that an agency failed to act with the kindness and respect the law demands. Courts have consistently declined to give it that weight. Because the statute uses permissive language and identifies no protected class, it fails the standard tests for creating a private right of action. The U.S. Supreme Court has held that statutes focusing on the person regulated rather than individuals protected carry “no implication of an intent to confer rights on a particular class of persons.”3United States Department of Justice. Title VI Legal Manual – Private Rights of Action and Individual Relief Through Agency Action Section 5-7.5 fits that description. It speaks to officials about how they might approach their work, not to citizens about what they can demand.
The law is not completely invisible in court reasoning. In at least one firearm regulation case, the Hawaii Supreme Court referenced the Aloha Spirit as context for the state’s approach to public welfare, treating it as a reflection of the “working philosophy of the Hawaiian people.” Courts may use it as cultural backdrop. They won’t use it as a controlling legal standard.
What the Law Still Does
Even without enforcement power, § 5-7.5 influences how state and county agencies operate. Many agencies reference it in mission statements, training materials, and conduct guidelines. When an office trains staff to treat the public with patience and humility, the Aloha Spirit Law is often the stated reason, though violating those expectations won’t trigger legal consequences on its own.
Legislators and administrators also cite the statute in hearings on topics like Native Hawaiian rights, land use, and environmental stewardship, using its intent as a policy rationale. Those references carry moral and political weight without creating binding obligations. The practical result is a two-track system: the Aloha Spirit Law shapes workplace culture and public expectations, while the actual enforcement tools come from other statutes.
Where to File a Complaint About Government Conduct
If a Hawaii government official treated you unfairly or disrespectfully, you have several places to raise the issue, though none of them enforce the Aloha Spirit Law directly. A complaint framed purely as “this official didn’t embody the Aloha Spirit” will not advance through any channel. It needs to allege something that falls under an enforceable statute.
Office of the Ombudsman
The Hawaii Office of the Ombudsman handles complaints against state and county executive agencies. Most complaints can be filed by phone with no forms required. The office recommends trying to resolve the issue directly with the agency first; if that fails, the Ombudsman will determine what action it can take.4Office of the Ombudsman. Got a Complaint? The Ombudsman investigates whether the agency acted fairly and within its legal authority.
Hawaii State Ethics Commission
If an official’s conduct involves a potential conflict of interest, misuse of position, or other behavior covered by Hawaii’s Standards of Conduct, you can file a complaint with the Hawaii State Ethics Commission. Charges must be in writing and signed under oath. The commission investigates confidentially and first issues an informal advisory opinion; if that opinion indicates a probable violation and the official doesn’t comply, the commission can proceed to a formal hearing.2Justia. Hawaii Code 84-31 – Duties of Commission There is no filing fee, but a person who files a frivolous charge can be held civilly liable for the official’s defense costs.
Hawaii Civil Rights Commission
When the real issue is discrimination in employment, housing, public accommodations, or state-funded services, the Hawaii Civil Rights Commission is the appropriate agency. The HCRC enforces state anti-discrimination laws and can investigate complaints involving unfair treatment rooted in protected characteristics.5Hawaiʻi Civil Rights Commission. Frequently Asked Questions
The Statutes That Do Have Penalties
Where § 5-7.5 ends, Hawaii’s Standards of Conduct code (Chapter 84) begins. This is the statute with actual enforcement power over public officials. Section 84-13 bars officials from using their position to secure “unwarranted privileges, exemptions, advantages, contracts, or treatment” for themselves or others, and section 84-14 restricts officials from taking official action affecting businesses in which they hold substantial financial interests.6Hawaii State Ethics Commission. Chapter 84 Standards of Conduct
The penalties under Chapter 84 are concrete:
- Administrative fines of up to $5,000 per violation under § 84-39.
- Reprimand, probation, demotion, suspension, or discharge by the civil service commission or other authority under § 84-33.
- Voiding of any state contract entered in violation of Chapter 84 under § 84-16, provided the action is brought within sixty days of a violation determination.
- Attorney general suits to recover any fee, compensation, gift, or profit received as a result of an ethics violation under § 84-19.
The Ethics Commission has six years from an alleged violation to investigate and act.2Justia. Hawaii Code 84-31 – Duties of Commission When people are frustrated that the Aloha Spirit Law “doesn’t do anything,” what they usually want is closer to what Chapter 84 already provides. The Aloha Spirit Law sets the tone. The ethics code, civil rights laws, and Ombudsman’s office set and enforce the rules.