Island Breath: Superferry News of the Day 9/13

www.islandbreath.org

SUBJECT: SUPERFERRY STORY SEPTEMBER 13TH

SOURCE: JUAN WILSON juanwilson@mac.com

POSTED: 13 SEPTMEBER 2007 - 10:00am HST

image above: about 150 people came to the State Building in Lihue to talk to the Governor's spokeswoman.
All photographs courtesy of Jonathan Jay.

Governor Lingle to use overwhelming force
by Juan Wilson on 13 September 2007

The Governor released a statement today to the press that included a thinly veiled threat to have social services take children from parents who bring them to a demonstration against the Superferry. See below.

GOVERNOR LINGLE STRESSES PUBLIC SAFETY IN
SUPERFERRY'S RESUMPTION OF SERVICE TO KAUA'I

Governor Linda Lingle today announced today that the Hawai'i Superferry will resume service to Kaua'i starting Wednesday, September 26 on a temporary daylight schedule. The Governor also stressed that federal, state and county law enforcement agencies will strictly enforce a temporary security zone established at Nawiliwili Harbor by the United States Coast Guard.

Today's announcement follows extensive planning by Governor Lingle, Mayor Bryan Baptiste, the U.S. Coast Guard, state Departments of Public Safety, Transportation and Land and Natural Resources, Attorney General's Office, Kaua'i 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 Hawai'i Superferry service to Kaua'i focused on public safety, first and foremost," said Governor Lingle. "We believe the plan will protect public safety, recognize Hawai'i 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 added.

Governor Lingle also 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 Septeember 26th, Governor Lingle and state, county and federal partners are planning to visit Kaua'i to meet with the public regarding the plan for the return of Superferry service to Lihu'e. 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.

A demonstration was held at the Old County Building in support of the unanimous resolution of the Kauai County Council in 2005 that there be a Superferry EIS before service to Nawiliwili Harbor on Kauai commence.

image above: The Governor's spokeswoman at entrance to State Building in Lihue on 9/12/07

After speaking enthusiastically to Council members the crowd walked to the nearby State Office Building to talk to the Governor's office about observing the Kauai County resolution.

The Governor's spokeswoman was courteous and thoughtful but shed no light on the Governor's intent to follow the intent of the law and restrain ferry operations during the Supreme Court ordered Superferry Environmental Assessment.

image above: Mayor Bryan Baptiste when asked to support Council EIS resolution and stand up for Kauai took a neutral position and will continue to coordinate with the Governor.

Finally the demonstration moved on to the rotunda of the County Office building to talk to Mayor Bryan Baptiste about demonstrating leadership by standing up for Kauai and supporting the County Council resolution. The Mayor thought he would be more useful as a buffer between the two sides and coordinating"safety" efforts in Nawiliwili Harbor.

After that the show was over and the demonstration ended. Police had little extra overtime, as the county work shift ended as the crowd dispersed.

The Governor also issued a page long "non-exhaustive" list of crime that one might be committing against federal, state and county regulations by demon starting against the Superferry. The document had her seal on it and a bright red warning border. We won't reproduce the fear mongering diatribe here but give a few examples:

Disorderly Conduct ($1000 fine, 30 days in jail)
includes "intent to cause physical inconvenience or alarm to a member of the public ...engages in tumultuous behavior, makes unreasonable noise, makes a gesture or utters abusive language.. so as to create a physically offensive condition"

Endangering the Welfare of a Minor ($2000 one year in jail)
"If your conduct places a child into a dangerous situation, such as placing a child in a Coast Guard Security Zone or in the course of a vessel, the Department of Social Services can investigate you."

Terroristic Threatening (up to $10000 and ten years in jail)
"Any person who, with the intent to terrorize, threatens by word or conduct to cause bodily injury to another person, serious damage to the property of another."

During a news conference yesterday on Oahu, Coast Guard Rear Adm. Sally Brice-O'Hara admitted her crew wasn't ready for the vehement protests when the Superferry first came to Kauai last month.

"None of us were prepared for that level of passion and determination to halt the Superferry," Brice-O'Hara said. "This was not something we were expecting and we were very measured in our response. These weren't terrorists."

While noting that the Coast Guard understands the demonstrations are "people who want to make a statement," she said the new security zone will be enforced without exception.

"I will tell you we have looked at all the options so that people remain safe but are held accountable if they make the decision to violate the security zone," Brice-O'Hara said.

Nawiliwili's long public jetty fronting the harbor will be closed and other entrances to the harbor will be blocked during the ferry's visit, according to Lingle.

The governor yesterday emphasized that she was concerned that Kauai protesters had allowed children and teens into the water in front of the Superferry.

"Anyone who is planning to recruit children or teenagers to participate in illegal protests could be held liable for child endangerment," Lingle said.

Attorney General Mark Bennett said a team of state prosecutors and investigators, along with county police and prosecutors and the U.S. Justice department, will be on hand to handle arrests if needed.

"People cannot choose which laws they will obey and which ones they will not because of their personal views," Bennett said. [Editor's Note: Except, of course, the Superferry Corporation and the State of Hawaii Department of Transportation]