Hawaii Superferry Legal Battle

Hawaii Superferry Legal Battle



2007 September -   Governor Linda Lingle today 
announced today that the new Hawaii Superferry, the Alakai, will resume 
service to the island of Kauai starting Wednesday, September 26 on a 
temporary daylight schedule. 
Federal, state and county law enforcement agencies will strictly enforce a 
temporary security zone established at Kauai's Nawiliwili Harbor by the 
U.S. Coast Guard, Governor Lingle said. 
The security zone was established after dozens of protesters opposed to 
the Superferry swam and paddled into the 350 foot-long catamaran's path to 
block it from entering the harbor while hundreds of others lined the dock.

Opposition to the Superferry centers on the company's failure to conduct 
an environmental assessment. The state upheld the right of the large 
vessel to sail without the assessment, but in a case brought by three 
citizens groups, the Hawaii State Supreme Court August 23 ruled that the 
Department of Transportation must conduct the assessment. 
The Superferry was scheduled to begin service from Oahu to Kauai and Maui 
on August 28, but despite the court ruling pushed its start date ahead two 
days and sailed August 26. The vessel was met by protesters on Kauai, some 
of whom were arrested. 
Legal action continues in a Maui courtroom where attorneys for the three 
groups - Maui Tomorrow, the Sierra Club and the Kahului Harbor Coalition - 
are seeking a permanent injuction to keep the Superferry from sailing to 
Maui until the environmental assessment is complete, a process that could 
take up to a year. 
A Kauai state legislator has filed a complaint with the Hawaii Public 
Utilities Commission seeking a suspension of the Superferry's operating 
permit until the company shows it is complying with state environmental 
laws. State Representative Hermina Morita, a Democrat representing a Kauai 
district, says the Supreme Court ruling should mean the Superferry cannot 
operate until the environmental assessment is complete. 
Some Kauai residents say they will protest again when the Superferry 
resumes sailings. Jeff Mikulina, director of the Sierra Club's Hawaii 
chapter, is asking protesters to abide by the law. 
Governor Lingle said the resumption of Superferry service to Kauai follows 
extensive planning by Kauai Mayor Bryan Baptiste, the Coast Guard, state 
Departments of Public Safety, Transportation and Land and Natural 
Resources, Attorney General's Office, Kauai Police Department, and other 
government agencies to allow the Superferry to safely enter and depart the 
harbor, while providing a safe place for protestors to demonstrate. 
"We have worked with our county and federal partners to make certain that 
the resumption of Hawaii Superferry service to Kauai focused on public 
safety, first and foremost," said Governor Lingle. 
"We believe the plan will protect public safety, recognize Hawaii 
Superferry's legal right to operate, provide lawful opportunities for 
those who want to protest, and move to restore the state's reputation as a 
place of mutual respect for those who have differing points of view. 
"We respect everyone's right to voice their opinion, but we will not allow 
a small group of protestors to act out in a lawless manner to obstruct the 
operations of a legitimate business, intimidate the people who wish to use 
its services or put people's lives at risk," the governor warned. 
Governor Lingle cautioned anyone who is planning to recruit children or 
teenagers to participate in illegal protests that they could be held 
liable for child endangerment. During the demonstrations that met the 
Superferry upon its first two voyages to Kaua‘i, several children were on 
surfboards in the harbor and came dangerously close to the Alakai and 
Coast Guard vessels. 
Between now and September 26, Governor Lingle and state, county and 
federal partners are planning to visit Kauai to meet with the public 
regarding the plan for the return of Superferry service. They will meet 
with groups on Kaua‘i, both those who support and oppose the Superferry, 
as well as those who want to learn more. 
"We want to make sure that those who choose to violate the temporary 
security zone and put themselves or others at risk understand that they 
will be prosecuted to the fullest extent allowed under federal and state 
law," said Governor Lingle. 
Superferry critics fear that the vessel's transit of the National Humpback 
Whale Sanctuary will harm the endangered whales. They are concerned about 
an increased risk of invasive species being carried to Maui and Kauai, and 
they worry that visitors with vehicles will carry natural resources off 
the islands. 
Today, state conservation officers said they are investigating three men 
who traveled to Maui from Oahu and loaded three pickup trucks with river 
rocks of the type used to cook food underground in traditional stone 
ovens. They might have driven onto the Superferry, transporting the rocks 
to Oahu, but a court order suspended ferry service on August 27, stranding 
them at the Superferry pier on Maui where their plan was discovered. 

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