DRAFT: Resolution of Apology and Appreciation
Whereas, on August 23, 2007, the Hawai'i Supreme Court issued an order requiring the State of Hawai'i to prepare an environmental assessment for the operation of the Hawai'i Superferry; and
Whereas on August 31, 2007, the Hawai'i Supreme Court issued its opinion in The Sierra Club v. The Department of Transportation of the State of Hawai'i; and
Whereas, in said opinion, the Supreme Court stated that "the EA requirement of HRS Section 343-5 is applicable"; and
Whereas, in said section, the law requires that an EA be completed and accepted as a "condition precedent" to the initiation of the action in question; and
Whereas said ruling and opinion meant that as a matter of law the Hawai'i Superferry had to cease operations until the EA was completed and accepted; and
Whereas the Director of the Department of Transportation issued his opinion that the Hawai'i Superferry could continue to operate: and
Whereas the Governor adopted the opinion of the Director of the Department of Transportation and encouraged the Hawai'i Superferry to continue operations; and
Whereas the Governor, the Department of Transportation, and the Hawai’i Superferry, Inc. then initiated a conspiracy to violate the law by sending the Alakai to Kaua’i; and
Whereas, on August 26 and 27, 2007, people in Kaua'i jumped in the water and sought to prevent the Alakai from entering Nawiliwili Harbor based on the illegal nature of Superferry's continued operation; and
Whereas citizens attempting to enforce the law were arrested, including twelve year old children; and
Whereas the Governor then expanded the illegal conspiracy to include Federal, State, and local law enforcement in a Unified Command intending to force open Nawiliwili Harbor for the Alakai's return; and
Whereas the Unified Command issued warnings to the people trying to enforce the law that any further attempts to enforce the law would subject such people to arrest, prosecution, imprisonment, and fines; and
Whereas the implementation of the Governor’s plan would have endangered the citizens trying to enforce the law, including children returning to the waters of Nawiliwili Harbor; and
Whereas the Governor's pursuit of such law enforcement actions represented an abuse of her authority to further an illegal enterprise and a conspiracy to violate the civil rights of those opposing her illegal actions; and
Whereas the Governor’s pursuit of this illegal plan constituted terroristic threatening of the people trying to enforce the law; and
Whereas, with few exceptions, the political leadership of the State did not take any action to prevent the Governor’s abuse of power or prevent a potentially bloody confrontation in Nawiliwili Harbor;
Now, therefore, Be It Resolved that the Legislature of the State of Hawai'i goes on record as apologizing to the citizens of Kaua’i for the failure of most of the State’s political leadership to come to their aid and provide protection from lawlessness; and
Be It Further Resolved, that the Legislature urges the Prosecutor in Kaua’i County to dismiss all charges against those arrested during the Alakai’s illegal attempt to enter the Nawiliwili Harbor on August 26 and 27; and
Be It Further Resolved, that the Legislature expresses its appreciation to the people who did act to enforce the law and protect the environment; and
Be It Further Resolved that the Legislature intends to create a special commission to examine the events taking place between the time of the Supreme Court decision and the ruling by Judge Cardoza to determine the extent of illegal action on the part of State officials and to determine how to prevent such actions in the future.