HSF Court Docs

This website is not associated with the Kahului Harbor Coalition despite the incorrect statements of some poorly informed 'Oahu talk show hosts. It existed long before Kahului Harbor Coalition and is not endorsed nor supported by KHC.

In fact, it is a completely volunteer effort -- not a slick as the 'Oahu talk show hosts with their ignorant malice, but a heck of a lot more accurate.

On TV flash is more important than accuracy but here we strive to counteract talking heads with actual facts. A little more work perhaps, but there's a crying need for this in these days when a telegenic appearance has replaced intelligence in TV-land.

For many years Lingle's DOT has been acting against the best interests of Maui.

This website was created to inform those (like the County Council) who are trying to stem Lingle's looting and misuse of our citizen-owned harbor.

Meetings


Information

Jan 2007 Kahului Harbor Users Meeting Minutes
Maui Cruise Ship Task Force Report
Cruise Ship Discharge Bill

Meeting Reports

Oct 20 with DOT at Hawaiian CC
Summary & Photos
Maui News Editorial
Maui News Article
Honolulu Advertiser article
County Cruise Ship Task Force

Harbor's Letter: No Pier 2C


 

 

 

 

 

 

 

 

 

 

 

Site Design by
Karen Chun

 


Superferry Developments for August 2007 and before

Impeach Linda Lingle
Click on this to download a larger jpg image to print out posters

August 31. 2007 Kaua'i group hires attorney to ask for injuction against Superferry until it completes EIS. Sierra Club thinking about joining Kaua'i lawsuit. Read Article.

August 30. 2007 Gary Hooser has secured an agreement with the ACLU to represent those who were arrested at Nawiliwili Bay during the protests (free of charge). However, those who were arrested must make contact w/the ACLU directly - ACLU reps aren't permitted to solicit cases. Using the excuse of terrorism to prosecute peaceful demonstrators is a travesty. Bush/Cheney's buddy, Superferry Chair Lehman, are trying to squash dissent with dictatorial powers.

August 29, 2007 Judge Cardoza continued the temporary injunction. He was prepared to hear evidence but the Superferry after first agreeing to go forward, changed their mind and asked for the hearing to be continued later.

August 28, 2007 Superferry cancels Kaua'i trip because Coast Guard could not guarantee that they would be able to dock.

August 27,2007 - Kaua'i protesters prevented the Superferry from docking at Nawiliwili Harbor and it turned back to 'Oahu.

August 26,2007

Superferry execs defied the Hawaii Appeals Court and moved up their first operating day to beat the Court's possible injuction. As a further slap in the face (and possibly because they had only a handful of reservations at their regular rate) they sold tickets for a mere $5 allowing hundreds of walk-on passengers including homeless and criminal elements to flood the neighbor islands.

Kauai blockades superferry
video#1 video#2 video #3

Kaua'i protesters met the ferry with a water blockade and hundreds of protestors. The ship was unable to dock for 90 minutes and even after arrests and either pepper spray or macing of the peaceful protestors, most were unable to unload their cars. See more photos and the real scoop at Island Breath.


Mr. Garibaldi:

We feel it is necessary to address your comments describing Kaua'i people involved in this week's nonviolent protests as a "minority dissident group". While the people of Kaua'i may make up only about 5% of the population of the State of Hawai'i, we are however 100% of the population of our beloved island home.

Our Kaua'i majority has been well represented by a number of our elected officials, who also attended the demonstrations earlier this week:

* Our Kaua'i state Senator, Gary Hooser, has been exemplary in communicating our request for a lawful Environmental Impact Statement (EIS) for your ferry operation.

* Mina Morita, state Representative from Kaua'i, has also been extremely supportive in the effort to obtain an EIS.

* On the local County level, our Kaua'i Council was first in the state, followed by Maui and the Big Island, in passing a resolution calling for an EIS. Kaua'i Council member JoAnn Yukimura, along with newly elected Council member Tim Bynum, continue to be vocal and active in their reasonable requests for an EIS.

* And finally, at the resident level, over 6,000 Kauaâ??ians signed a petition to Governor Lingle calling for an EIS.

Mr. Garibaldi, if you had been witness to Monday's protest on the ground, you would have observed nearly one thousand peace-loving Kaua'i people from all walks of life and many different races. Families together, parents carrying their babies. Young and old, wealthy and humble, we all took time from our busy lives to chant aloud: "FOLLOW THE LAW, SHOW US YOUR EIS!" We would like to direct your attention to several local newspaper articles which illustrate the broad and diverse base of community support for our movement:

* On Tuesday, August 28, the Honolulu Advertiser published an article by Jan TenBruggencate entitled "Groups unite against Superferry".

* Also on Tuesday, Honolulu Advertiser columnist Lee Cataluna wrote "Stop 'local' card with Superferry" -- describing what we also see as 'living local': "asking hard questions, going to court, holding protest signs and treading water in Nawiliwili Harbor."

* On Wednesday, August 29, The Garden Island newspaper of Kaua'i published an article by Nathan Eagle entitled "Action unites many" which described our common cause.

Mr. Garibaldi, it now stands clear that you made a grievous error in accelerating the launch date of your ferry service. It was truly this action which galvanized the resistance in the Kaua'i community. The result was a tremendous popular uproar, the demonstration of which has now been documented in the news media.

We commend you for taking responsibility for your displaced and stranded customers, and returning them to their port of origin. We suggest that you take one further step and issue a formal statement of apology to both your customers and the Hawaii Supreme Court for disregarding the court's ruling of Thursday, August 23rd and deliberately confusing a matter of the rule of law.

The truth about the Kaua'i protests is that the courageous actions of a few were made with the deep support of many. We demonstrated the resolve and tenacity of our diverse island community by resisting your anti-democratic rush to commence operations. The people of Kaua'i are not fools. We have clearly observed the collusion of state government officials with your commercial interests, resulting in the violation of Hawai'i state law. We demand a democratic process, in which public input from Kaua'i residents is included in the evaluation of your ferry operation's environmental, cultural, and social impacts.

In closing, we would like to bring your attention to an incident which occurred here this week. On Tuesday, August 28th at about 5:15 pm, eyewitnesses reported two uniformed Hawaii Superferry employees dumping bloody fish carcasses and chunks of fish over the Nawiliwili harbor jetty seawall into the bay. When confronted and advised that there were surfers in the bay, and that the fish remains might attract dangerous sharks to the area, your employees reportedly shrugged and said, "So"?

Is this the kind of responsible corporate behavior which we should expect from Hawaii Superferry?

Me Ke Aloha,

~ HUI-R


John Tyler
Director
www.boycottsuperferry.org
Kaua'i, Hawai'i

See Superferry Hits Human Blockade in Kaua'i

Judge Joel August ruled that the Hawaii Department of Transportation's FONSI (Finding of NO significant impact) for the changes at Kahului Harbor was insufficient. He stated specifically that the examination of traffic issues was inadequate. Read more.

Superferry Traffic Simulation Demonstrates Huge Traffic Snarl

Rep Joe Souki of Maui
Kills the Superferry EIS Bill
- Thanks for nothing, Joe!

See Honolulu Weekly's Cover Article:
Ship of Fools

Kaua'i Fights Back

Hui-R is a coalition of concerned individuals representing the diverse
rainbow of our island community. We wish to engage, educate and inspire
the public to join our efforts to resist the Hawaii Superferry.

We are serving notice to our state government and Hawaii Superferry
Inc. that due to a whole raft of social, cultural and environmental
impacts being unaddressed, we have no confidence in this ferry
operation, we are opposed to it, and we plan to stop it. It is our
intention to build our community and utilize peaceful, nonviolent means
to prohibit the unloading of the Hawaii Superferry on our beloved
island of Kaua'i.

Citizens of Kaua'i and other Neighbor Islands were never asked if we
wanted a "super" ferry; rather, it is being imposed on us by outside
interests. Concerned, we looked at other places where high speed
inter-island ferries operate, such as Tahiti and the Canary Islands.
The resulting impacts on those communities, and to marine wildlife,
have been very negative. We spoke loud and clear on many occasions to
request more information, but no information has been forthcoming to
address our questions.

Our requests for an Environmental Impact Statement (EIS) have been
coldly refused, in spite of the requirements of state and federal law.
Potential negative impacts have been "green-washed" with shallow and
deceptive marketing promotions. These impacts have not been thoroughly
examined and there are few - if any - steps being taken to mitigate
them. Concerns about drug smuggling, increased crime, increased
pressure on Neighbor Island infrastructure, and negative traffic and
harbor impacts have not been adequately addressed nor resolved.
Potential transfer of invasive species and inevitable mortal harm to
endangered marine mammals and other aquatic wildlife are some of the
obvious realities which are not being honestly dealt with.

Rather than listening, the state government and Hawaii Superferry Inc.
have attempted an end run around the formal concerns voiced by citizens
and government representatives. They have ignored the reasonable
requests of Kaua'i and the other Neighbor islands:

* Over 6,000 residents of Kaua'i (nearly 10% of the population) signed
a petition to Governor Lingle requesting an EIS for the Hawaii
Superferry. The Governor refused to meet with representatives from
Kaua'i or to accept our petition.

* The County Councils of Kaua'i, Maui and the Big Island of Hawai'i
have each passed resolutions opposing commencement of Hawaii Superferry
operations on their shores until an EIS is prepared.

* The Hawaii State Senate passed a bill (SB1276) which required the
State Department of Transportation to conduct an EIS for the Hawaii
Superferry. However, after being lobbied by Hawaii Superferry, Inc.,
one member of the State House of Representatives, Transportation
Committee Chair Joe Souki, refused to allow SB1276 a hearing in his
committee. The bill died in this committee and was never voted on in
the floor of the House.

Currently there are several lawsuits pending against the Hawaii
Superferry. More are expected. Due to growing traffic problems and poor
land use planning, our islands need funding for local public
transportation to improve the quality of life for people who live and
work here. We don't need this not-so-super ferry!

~ HUI-R

hui-r.info

You're invited to join us at our PUBLIC MEETING:
Saturday, August 18, 1-5 pm
War (Peace & Freedom) Memorial Hall
4191 Hardy Street, Lihue

Love the Superferry?  Keep it!

Sen. Hooser Asks Lingle For Restraint

State Sen. Gary Hooser, D-7th (Kaua'i, Ni'ihau) expressed concern over the "imminent escalation."

"I am requesting that all parties, Superferry employees, protesters, police and Coast Guard personnel exercise restraint, keep all actions within the bounds of the law and avoid direct confrontation and unnecessary aggressive actions. In addition, it is imperative that a cooling-off period be put into place immediately while our community works through the important questions that have been raised in the last few days," Hooser said.

He said he asked Gov. Linda Lingle, state transportation director Barry Fukunaga and the state attorney general's office to arrange a halt to Superferry operations until courts can resolve legal issues in the case.

"The situation as it now stands is intolerable and fast approaching a point where serious injuries and further arrests are likely. Precipitous action benefits no one. Confrontations, injuries and arrests do not serve our community's well-deserved reputation for mutual respect and aloha," Hooser said in a release. 

Some Hawai‘i residents tell Superferry officials to shape up or ship out

by J.M. Buck / 07-26-2006
Ship of fools

July 2001: Timothy Dick, an electrical engineer, founds Hawaii Superferry after seeing large, high-speed roll-on/roll-off catamaran ferries operating between Barcelona, Spain and the island of Mallorca in the Mediterranean Sea.

June 2003: A new ferry terminal opens at Honolulu’s Pier 19. Built with federal funds, the facility is anticipated to serve as the Superferry’s operational hub.

June 2004: Hawaii Superferry, Inc. (HSF) submits its application for a Certificate of Public Convenience and Necessity to the Hawai‘i Public Utilities Commission (PUC) to operate as a “roll-on/roll-off fast passenger ferry” that can carry 866 passenger and 282 cars between the Hawaiian Islands. Two double-hulled, multi-level catamarans the size of football fields will travel from O‘ahu to Maui, Kaua‘i and the Big Island at speeds of up to 35 knots.

March 2005: John F. Lehman, former secretary of the Navy and member of the 9/11 Commission, announces his intention to invest an initial $58 million equity capital in HSF through his private equity firm J.F. Lehman & Co. The firm primarily invests in marine and aerospace defense projects.

December 2005: Lehman is named as chairman of the Superferry’s board of directors. To date, Lehman has sunk $71 million into the HSF project, making him HSF’s largest private investor. Five of the 11 directors on the board have ties with JF Lehman and Co.

Another director, chief executive officer of Maui Land & Pineapple Co. David Cole, is also a Superferry investor through Grove Farm, Inc., of which he is a director. Warren H. Haruki, another HSF board member, is president and CRO of Grove Farm and the affiliated Lihue Land Co.

In addition, the federal Maritime Administration (MarAd) has provided a guaranteed $139.7 million Title XI federal loan, and the state of Hawai‘i has also kicked in a $20 million loan for statewide harbor improvements, with an additional $20 million waiting in the wings.

Read the rest

Pier 2c Diagram showing canoe hale

Superferry CEO Exposed See also his other destructive Maui project: Wailea 670

HRS 226: Requirement to preserve culture

 

Last update: November 10, 2007

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