October 2007 Supeferry Developments

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

"HSF's November 15th start date is wishful thinking on Garabaldi's part. You haven't yet heard from Isaac Hall or our attorneys, and you can bet your last dollar that there will be much legal wrangling about constitutionality and many other things, such as "checks and balances", "separation of powers", "judicial laws", and U.S.Supreme Court decisions." (quoted from one organizer)  

Legistlature Duped by Superferry's Garibaldi. He was offered temporary work while doing the EIS. There was no urgency to pass the Superferry Bailout Bill.

Legislature bails out Superferry
Casting sustainability aside, the legislature exempts high-speed ferry from keystone environmental review law

What's Next? HSF has to go back to court to ask Judge Cardoza to lift the injunction.

Rep Hooser (nicely) Calls the Emperor on Her New Clothes

Rep. Mina Morita Tells It Like It IS

Oct 29 Full Senate Passes Bailout Bill - Maui & Kaua'i Unanimous in "no" votes.

Check out the Letters page. More are added at the top daily.

Hilo Protest: EIS First
Wednesday, Oct. 31st 3pm at the Hilo State Building

Read the Bailout Bill's Flaws
Lingle's Administrative Heads Selling Out our farmers and residents
Contrast the above baloney to the facts of the Court Case

Well now we know where all the HSF lies come from. Today Garibaldi got up in front of the House and when asked why people thought the HSF was going to be used for military, replied: "I have no idea. It is not part of our business plan".

Dec 1, 2004 talking to the Pacific Business news Garibaldi told them

"Hawaii Superferry has said its business model is based on three key points:...Seek defense business, hauling vehicles between islands at night for military exercises. The ferries are being built with specially reinforced vehicle decks especially for this..."

And again in PBN 3/21/2005:

With Lehman's expertise, the Superferry plans to operate a Westpac Express, essentially to carry military equipment and ferry vehicles from Oahu to the Big Island on a daily basis.

At present, the military has to make shipment plans six months in advance to put them on a barge, said Tim Dick, president and chairman of Hawaii Superferry.

"The ferry will save the military dollars and take 25 percent of the time," Dick said.

This logistical plan will make it easier for soldiers to train when the Stryker Brigade comes to Hawaii. The brigade will be stationed on Oahu and conduct training exercises on the Big Island, Lehman said. "The Superferry is strong enough to take Stryker vehicles," he said. Hawaii Superferry provided the Army with a cost analysis and expects to negotiate a long-term contract, Dick said.

Are the legislators going to let someone come to their chambers, bare face lie to them and then pass a special interest bill for them. Come on guys! Wake up!

Watching the House on TV, it is hilarious to see Souki completely ASLEEP. The AG asked if his assistent could answer the question...after a long wait...Souki goes, "What? What was the question?"

Legislature WIMPS OUT on Lingle Investigation
Removes waiving of Lingle's attorney client privilege on EIS bypass
What is she hiding?

Sierra Club and the other organizations are going to need your donations to go to court once again to fight this illegal special interest bill.

Let's have some fun fundraisers - parties, dances and so on.

Oct 26: I've wondered how all the lies the HSF supporters spread get started. We've had them claiming YB & the airlines financed the legal challenges (absolutely false). We've had them saying they are using sonar (Garabaldi himself started this false statement which people still believe) They claim that HSF makes less CO2 and uses less fuel than alternatives ( false: it uses over 20 times as much energy as a barge and more per passenger than an airplane)...

After watching a HSF employee testify, I know where these lies come from -- the Superferry company itself. This HSF man actually got up and claimed that the protestors stole the imu rocks and then went on to say that the protesters were going to themselves spread invasive species to make HSF look bad.

All I can say is, this tells you a lot about the moral and ethical place HSF is coming from if they can even conceive of such a plan.

And it tells me they know full well they're going to spread invasive species and they ar already getting their lies in place to deflect blame.

See allegations more lies under oath by Mr. Garibaldi

Ironic observation from Larry Geller: "This is called a public-private partnership, I believe. It is based on an investment of about $175,000 that the private part (company) made in the public part (our lawmakers). The story is here: Hawaii ferry spent $175,000 on lobbying.

Those who claim that Hawaii is a bad place to do business simply aren't willing to make the necessary investment in the public part of the partnership. This is one thing that the special session is demonstrating."

Don't forget: Senator Gary Hooser (Kaua'i) one of the earliest and staunchest defenders of the EIS process is holding a fundraiser this coming October 28 from 5PM until 7PM at the Kauai Veterans Center in Lihue. Tickets are $25 each and contributions should be made out to "Friends of Gary Hooser" and mailed to 5685 Ohelo Road. If you can't make it, I urge you to consider sending a donation his way to insure that this strong voice for neighbor island interests remains in the senate. Gary was here on Maui for most (maybe all) of our HSF meetings and events.

"I have found that many of the things told to me initially by the Hawaii Superferry proponents have turned out not to be true. The more I have learned about this company and the manner in which this entire matter has been handled by the DOT during this past almost 4 years, the more concerned I am about the entire process that preceded the granting of the exemption." Gary Hooser  

Oct 23: Ask your legislature to sponsor this resolution apologizing to Kaua'i

Oct 22; The meeting on Maui was very raucus with all but a handful speaking against the bailout law. Unfortunately the first to speak in favor of the Superferry Bailout was a real idiot and got boo'd probably because she was so insulting calling us "hysterical" and so on. The only pro-ferry speaker I saw who was not an employee of HSF was one Canadian woman with some business in Kihei who urged us to "join the 21st century" and not be such a "backwater". I think that says it all about the kind of people who support HSF. See various comments on the meeting here.

The testimony broke down into 2 themes:

For Bailout: "I, personally, will make money"

Against Bailout: "We, the 'aina, the community will lose..."

Larry Geller (disappearedNews.com) writes an eloquent, well-researched piece on how the papers have skewed readers' perceptions by their choice of language in describing the events and people involved in the HSF action.

When you testify, concentrate on helping the Senators understand the most important mitigations for protecting our island and the pitfalls of passing this legislation at all.

Read Attorney Lanny Sinkin's assertion that the contemplated Superferry Bailout Law is unconstitutional and another discussion on its unenforceability

Superferry dredges up muck in Hawaii's system of governance from DisappearedNews.com

Legislators can pass a bill but they can't pass the buck This is Lingle's baby. She has forced the Legislature into considering her deeply flawed, special interest bill. But passing it and leaving conditions up to Lingle doesn't get the legislature off the hook for their actions -- it makes the impacts of the Superferry even MORE their responsibility.

Oct 19:See proposed legislation (which is unacceptable)

For those commenting on the Coast Guard expanded Nawiliwili security zone (and everyone should) you must go through the Coast Guard's website like this:

1. Go to: www.regulations.gov
2. You'll see #s 1-4. Make sure the choice for #1 that is checked is Documents with an Open Comment Period
3. Got to #4 and select DOCUMENT ID and enter uscg-2007-29354
4. Click SUBMIT
5. On the next screen, on the right side, you'll see a COMMENTS column. Click on the yellow icon. Fill out the information and then add your comments.

Oct 19: Minimum Conditions that Maui Tomorrow Proposes. (Typed in from jpg with comments)

David Mogilefsky from Maui reports that the Legislatures attempt to overturn a ruling of the highest court of their jurisdiction is illegal. He found Plaut et al v. Spendthrift Farm Inc. 514 U.S. 211 (1994) online. Looks like a good starting point for "the legislature cannot overturn the result of a final judgment of the highest court in the jurisdiction". Everyone seems to think an act of the legislature is the final word. Someone need to set them straight!

Oct 18: Read the latest sell-out draft of the Superferry Special Interest bill. There are so many untruths in this bill, it boggles the mind. See what is glaringly wrong with it.

"This thing is like Swiss cheese, there's so many holes in it,"
Jimmy Trujillo of Hui-R

Oct 18: House Speaker Calvin Say (who accepted big bucks from HSF and whose son was given a job with them) is trying to cut the Neighbor Islands out of the loop, refusing to hold hearings on our islands. You might want to phone, fax or email him asking him to put aside his conflict of interest and either step out or step up, Phone 808-586-6100; fax 808-586-6101 e-mail repsay@Capitol.hawaii.gov

Oct 18: The Coast Guard is sneaking the Nawiliwili Harbor Superferry security zone through. Please write to ask for a hearing on it and register your objections to it. Your letter must get there before the 24th so do it today

Lieutenant (Junior Grade) Quincy Adams a
U.S. Coast Guard Sector Honolulu,
Sand Island Parkway, Honolulu, Hawaii 96819-4398.
Phone: 808-522-8264 X 359

See example of one person's letter.

Oct 18 Attorney for the Plaintiffs, Isaac Hall, Maui Tomorrow (Acting President), Judith Michaels, Hawaiian Cultural Practitioner, Leslie Kuloloio, Retired Professor (Economics), Dick Mayer, Flower Grower:, Masako Wescott, and Rich Hoeppner of People for the Preservation of Kauai will meet with Senate President Colleen Hanabusa on today.

Latest draft of the bill still has Lingle (HSF front woman) determining the restrictions. What a crock!

Oct 17, Larry Geller explores State House Speaker Calvin Say's ties with Superferry. His son worked for them and he was the largest house recipient of the largest share of HSF bribes ...er...campaign donations.

Oct 17: From the Advertiser:

Hawaii Superferry would have to give "unconditional acceptance" to operating restrictions that protect whales and prevent the spread of invasive species.

OK. that sounds much better than Lingle's plan to let them run without any restrictions at all.

The Lingle administration would impose the conditions and they would not be subject to judicial or administrative review.

What?! Isn't that like letting the fox guard the henhouse? Let me get this straight. Lingle wants the legislature to let her, the person who broke the law for her favorite project, who wanted no restrictions at all, determine the restrictions? And not allow judicial review? Is she crazy? Read Larry Geller's take on this.

"The mitigation measures are going to be part of this bill. The Senate is very firm on that. So we have to figure out a way to do that to get this thing up and running," said state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha). "We're exploring all possibilities."

Thank you, Senator Hanabusa! Now if we can get them to slow down to 13mph during whale season, not carry cars, not interfere with cultural uses of the neighbor island harbors, and make parking lots, we might be in business.

Oct 17: A West Hawaii Today letter writer questions whether the Hawaii Environmental Policy Act really exists.

"The issue of the Superferry really boils down to whether or not there is an explicit law requiring an environmental survey prior to the legal operation of the vessel. If such a law existed, then the Superferry has what's coming to it... Lance Holter mentions the thousands of petitions begging "the Hawaii Superferry and the state Department of Transportation to follow the Hawaii Environmental Protection Act." If this were truly a law, then why would begging be necessary to enforce it?"

Ah yes, Grasshopper. Why indeed?

Here's the relevant section of the law (HRS 343) called the Hawaii Environmental Policy Act. Anyone with an 8th grade reading ability, can see that public funds trigger an EIS (among other things) and that an EIS is required to be submitted and approved prior to commencement of operation.

In fact, we have two court rulings saying, yes, your eyes did not deceive you - that's what has to happen.

Where does this disinformation come from...hmmmm?

Oct 16: New draft bailout bill. This time it actually has some conditions -- Lingle will decide on what the conditions are and tell us about them later, ha, ha. Oh yeah, I sure trust her to protect our neighbor islands!

Supplemental Filing re Standing in trial to set aside expanded Nawiliwili Harbor Security Zone.

Oct 16: Canada's Bad experiences with fast ferries. "They were mothballed after complaints about cost overruns, excess fuel consumption, cramped seating, and damage to waterfront properties and shorelines caused by the vessels' large wakes."

You may recall that the Spirit of Ontario was brought to Hawai'i to impress the lawmakers and get them all enthusiastic about Superferry. Now look at the Spirit, bankrupt and moved to Europe.

In 2004 HSF said their business model depended on seeking defense business, hauling vehicles between islands at night for military exercises. The ferries are being built with specially reinforced vehicle decks especially for this.

Video: Follow the Money More videos

Oct 15: It's difficult for the military to pass the EIS process and it is difficult for it to get permission to use civilian facilities. Larry Geller discusses why it would be such a lucrative advantage for HSF to pass these hurdles and then turn around and lease their operation to the military. This would answer the puzzle of why otherwise intelligent businessmen are pushing an unprofitable (calculated from their own numbers) project,

Using HSF own estimates and sworn statements they'll be losing over $70,000 per week operating normally. See calcs

Oct 15: More military connections. This blogger talks about Lingle's military deals and speculates that may have a connection to her stubbornness over HSF

Oct 14: HSF spent $175,000 on lobbying "You're talking about an extremely large sum of money even by national standards," said Craig Holman, a campaign finance expert with Public Citizen, a Washington, D.C.-based consumer advocacy group. "At the very least, they are trying to buy access, and at the worst they are trying to buy influence."

And this $175,000 does not count the innumerable print ads, radio spots and TV ads HSF bought to mislead the people of Hawai'i. This is a textbook case of using advertising to create a completely phony demand. 'Oahu people still think that it will be cheap when it is anything but. HSF had to drop the price to $5 to get people on their ship the only days it ran.

Oshiro said it would be "patently absurd and negligent" for a DOT official to consider the exemption without consulting Attorney General Mark Bennett.

"At some point we'll need an explanation of this decision to go ahead without an environmental assessment and allow the Superferry to operate knowing that there was a pending appeal at the Supreme Court," he said.

"I can't imagine legal counsel not advising one's client that they might want to err on the side of caution while awaiting a final decision by the court."

More military connection and HSF's bright future leasing to the military.

Larry Geller points out that Lingle is trying to get the HSF bailout legislation as a "done deal" prior to the special session of the legislature so that there will be no debate or examination of this special interest law.

Richard Borreca weighs in on boorish behavior of HSF and their shibai hearings (aka poho or show hearings since the decision was made and the hearings were meaningless)

Legislative action would send wrong message to businesses William Aila Jr. (harbormaster and former candidate for governor - too bad we got Lingle instead!)  

Oct 13: Jeff Mikulina of the Sierra Club said if lawmakers do pass legislation allowing the ferry to resume service, and there is environmental damage, then they would be seen as responsible. He also said a special session could inflame protesters on Kaua'i who went into Nawiliwili Harbor to block the ferry on its initial voyages.

"If there is an appearance, or the perception, that Superferry is getting yet more special treatment in some way, that might inflame the community further."

In the same article the idiot* Republican, Fred Hemmings advocated rewriting the entire law so it allows "fair opportunities" for businesses. e.g. Let's get rid of environmental constraints so my Republican buddies can really rape and pillage Hawai'i. He should know that an EIS isn't just to determine impacts -- it is used to devise solutions. The HSF faked their solutions -- turns out they had none. They got away with no solutions because they bribed and bullied their way out of the EIS.

*Sorry. I try not to be impolite but this guy just isn't thinking things through. For someone who was born in Hawai'i -- who made his name surfing no less...well, Fred, putting business profit over culture and the well being of the land and sea, I dunno, I'm at a loss to understand how you could bite the hand that fed you so well. What? You got yours, who cares about those who come after you?

Oct 13: From Lanny Sinkin: The fog of disinformation around Superferry is particularly thick. One of the fog blowers is the oft repeated position that poor Superferry is being picked on while other boats did not have to prepare environmental documentation. I attach an excellent opinion editorial by Ron Sturtz, President, Maui Tomorrow Foundation, Inc. written last February and worth revisting. Of particular interest to me was the following paragraph:

"Facts: The last time a ferry was proposed, an EIS was required by the state. In 1988, the Oahu Intra-island Ferry System proposed to set sail. It, too, proposed the use of state lands and state funds. On Jan. 19, 1989, state DOT Director Edward Y. Hirata prepared a 561-page Final Environmental Impact Statement that was directed to the governor's office for consideration. And, that EIS didn't even have to deal with interisland issues of invasive species and sailing through whale-laden waters. That ferry proposal had far fewer environmental challenges facing it, and yet, the DOT saw fit to prepare an EIS for the state governor."

Oct 13: Dr. Lee Tepley informs us that 6 dead whales (5 humpbacks and 1 sperm whale) were found in Hawaiian waters during the past 3 years. Many (or possibly all) of these whales were probably killed by large vessels. Because of its high speed and two pontoons, the Superferry would be expected to kill a far larger number of whales than other large ships

Oct 13: They're getting serious about impeachment. Read the proposed Lingle Impeachment Resolution.

Oct 13: Lingle says: "It's important to understand that the agreement that has to be reached here in order for this service to continue is really a three-way agreement," Lingle said. "It's not just between the Legislature and myself, but the Superferry has to agree that this is something that will enable them to operate in a way that they can stay in business."

Hey what about the neighbor islands? Shouldn't we have a say in the agreement? And she wonders why she gets boo's when she comes to Kaua'i.

Speaking of Kaua'i , You may have seen the video of the Kaua'i protestors banging on the windows of a car trying to come off the HSF. What you didn't see in the news reports was that same car deliberately trying to run over the protesters right before that. Here is an eyewitness account:

DJ, Kilauea wrote on Sep 4, 2007: To those of you who are offering your opinion on matters you did not experience first hand: I was one of the 8 people who sat down in front of that car on Sunday night to prevent it from leaving the harbor gates.

To set the record straight, NO ONE hit that SUV until the driver tried to run over us.

When we did not get up after he honked his horn he preceded to try and "push" through us. That's when the crowd rushed in and started to hit his car. And there were NO kids in that car, too by the way. The "raw video" that the news stations play don't show that part. The guy with the camera shows up after the driver tried to run over us.

I know two wrongs don't make a right, however if the crowd didn't rush in, the driver may have continued to keep driving. And yes, the police were just watching. They didn't step in until the crowd rushed in. " 

Oct 13: Proposed Win-Win solution to Superferry dilemma: Have our congressional members negotiate a deferral of MARAD loan payments and have DOT defer Hawaii payments until the EIS is completed. Superferry doesn't go under because of their loan payments and Hawaii is protected by following environmental law. (Proposed by John Tyler) Not sure MARAD can do anything about loan payments since they only guarantee the loans and I believe they are through private banks.

Oct 13: A new draft of the legislation would require the state auditor to conduct a performance audit of the Lingle's administration's actions leading up to the critical February 2005 decision by the state Department of Transportation to exempt the Superferry project from an environmental assessment. The provision also asks that the administration waive any attorney-client privilege that would shield the disclosure of what, if any, legal advice the department received from the state Attorney General's office.

State Sen. Mike Gabbard, D-19th (Kapolei, Makakilo, Waikele), said lawmakers should also consider an investigation because he believes the relationship and agreements between Superferry executives and administration officials have not been fully disclosed. "What we want to make sure is this whole mess does not happen again," he said.

When asked if she thinks she has any responsibility for this mess, Lingle replied- in a stunning denial of reality - , "No I don't."

Then she denied there were any letters from the Attorney General re the Superferry...completely reversing her previous statements that there was an opinion given to her that HSF didn't have to do an EA.

Hey, Lingle -- lying isn't going to get you out of this mess. You misused your office to do political favors and you think no one was going to catch on? Or you just think that we neighbor islanders are to insignificant to care about?

Oct 12: pdf file of Lingle's Proposed Special Interest Law Allowing HSF to run without an EIS and protecting it and her from lawsuits over the damage it will do. This is too hilarious. It sets up a committee to review HSF made up of Lingle appointees and the HSF president!

Oct 12: Unstoppable Honolulu Weekly article:

Rep. Hermina Morita (D-14th) ... a formal complaint asking the state Public Utilities Commission (PUC) to suspend Superferry's certificate to operate in Hawaii's waters. "People are so emotional over this issue they're missing the most important thing that is happening in our communities, and this is a lack of confidence in government," she said.

Morita thinks that loss of faith is grounded in actions taken by Gov. Linda Lingle and her administration to first usher Superferry through the permitting process without an environmental review - and then keep the boat running after the Hawaii Supreme Court ruled those actions were in error.

"It's so political," said Morita, whose district includes Kauai's North Shore and Kapaa. "You're using military force, police force, to enforce strictly a political decision, and that's when government is really scary."

"This is what really upsets me, the political influence over a regulatory body that is supposed to be neutral. That stinks." 

Lingle chastised the demonstrators, saying their actions were giving the state "a very bad reputation." Rep. Fred Hemmings (R-25th) said the protests gave Hawaii "a black eye" and reinforced the perception that the Islands are a bad place to do business.

Morita disagrees. "We do far more damage to our business climate when we send out the message you have to rely on political favors to get things approved, and that's what this reeks of." 

read more

Oct 12: After laying off their workers and getting big headlines, HSF call a bunch of them back. What a manipulative, heartless company this is to play with their employees' lives just for PR purposes. The workers called back in many cases got their hours downgraded so HSF doesn't have to pay them benefits.

Oct 12: KITV (Channel 4) is reporting that State Legislators will be coming to Kauai, Maui and the Big Island for public hearings before they convene a special session.

Oct 12: Big Island Attorney calls for Impeachment of Lingle. See Impeachment Articles.

Oct 11: Hanabusa: HSF "insensitive to the situation..."I don't believe the bill in its present form is something the caucus will go for." "I don't know who is making these decisions," Hanabusa said, "but it doesn't seem very smart that when they see they are dividing our community -- there comes a point in time when you think someone would step back and say, 'Gee, isn't it time for us to be a good neighbor here? If we want to be part of this community, let's be part of it.'"

English: "From the beginning, the Superferry has had the wrong approach to this. They have always had a problem in being forthright and talking with us straight."

"Businesses need to look at this really closely because of all the political favoritism for one company," Morita said. "... Do they want a predictable business climate based on laws or (one) relying on political access?" 

More But what the article does not discuss is the provision in Lingle's law exempting HSF and the State from liability for the consequences of what Judge Cardoza found were "Plaintiffs have demonstrated the possibility of irreparable injury with respect to the environmental impacts of Hawaii Superferry operations on natural resources, protected species, increased introduction of invasive species and causing social and cultural impacts."

That provisions indicates that both Lingle and HSF know they are being reckless and that they will cause damage and they want to be off the hook for it.

Garibaldi layed off most of the Superferry employees (who incidentally were predominantly part-timers with no benefits -- HSF is the Walmart of the ocean.) but Garibaldi is still pulling down his $S20,000/month salary so I'm not too impressed by his so-called "heavy heart".

Oct 11: Movement to Impeach Lingle for gross incompetence and illegal acts in connection with facilitating HSF violation of Hawaii law. Just to put this in perspective, she was the one who withheld funds to inspect the dams on Kaua'i. She bears the responsibility for those deaths. So this is not the first time she has harmed the people of the neighbor islands.

Oct 11: Lingle, the Ferry Godmother, scrambling to save herself from liability over her botched handling of HSF. Read Rob Parson's article.

Oct 11: Lingle sends a bill to the Legislature. The proposed Governor's bill has several MAJOR flaws:

It apparently has a provision saying that the State and the Hawaii Superferry can not be held liable. Not sure if this provision means for past illegal actions (like operating without an EIS and Lingle's illegal actions in facilitating this) or for future actions, such as killing whales, monk seals or turtles, or transporting coqui frogs or fire ants.

It does not have a time limit for completing the EIS; therefore, the superferry could operate for an indefinite period without any of the needed mitigation measures. HSF could conceivably operate forever without finishing an EIS or putting mitigation measures in place.

Oct 11 "Compromise" offered by a Democrat(?!) Legislator with commentary by a Big Island Resident.

Oct 11, 2007. Letters urging the Legislature to stay strong against Lingle's attempt to continue her divisive actions. Reply to someone asking if the polls are true and the majority want HSF, shouldn't the legislature exempt them from an EIS.

Oct 10, 2007: Thank you Hawaii House of Reps! Tonight they decided not to let Lingle make them the fall guys for her fiasco. They voted not to go into special session.

But Lingle says she's going to call the special session and present her bill to them. Please continue to email and call the legislators asking them to resist her attempts at foisting her problems onto them.

Read the extremely cool and inspiring words of Judge Cardoza. He talks about no winning or losing but getting together to solve the problems. As the disappointed Superferry employess (almost all of them part time with no benefits) left the courtroom, it was apparent that on a human level those of us who have been pawns in the Superferry-Lingle fiasco on each side had nothing but kindness and courtesy towards each other. (See full transcript of Judge Cardoza's words.)

Those people who aren't directly affected (not on neighbor islands and not Superferry employees) could take lessons from the grace and goodheartedness of the Superferry employees even in that moment of great disappointment.

Even though more than 95% of the Maui and Kaua'i HSF employees were less than full time and weren't even paid benefits, it is still a blow to those of our neighbors who have to work sometimes 3 jobs just to make it. When is the Legislature going to do something about raising the minimum wage?

Oct 10, 2007: Kauai Rep. Hermina Morita (D, Hanalei-Kapaa) said the Legislature should not try to overturn a court ruling. "Are we going to turn into a banana republic and let the rule of men override the rule of law?"

Morita said existing state law requires Hawaii Superferry to have an environmental assessment before it could operate.

"Just because the administration doesn't agree with the law, doesn't make it a bad law," Morita said.

Oct 10, 2007: Hawaiian Sovereignty Leader asks U.S. to put people first and abstain from violence.

Oct 10, 2007 Hilo, Hawai'i--A "No Special Legislative Session for Superferry" event is planned for 3 PM Thursday, October 11, at the Governor's Liason office at the Hilo State building, 75 Aupuni Street, Hilo.Concerned citizens opposing the special session will deliver letters for the governor.

"What a disturbing precedent--changing state law to bail out a business that gambled with our tax dollars and lost," said spokesperson Cory Harden. "A launch before environmental studies is putting the cart before the horse," she said. She added, "The court just ruled that Superferry threatens whales and native species--and the news reveals plans for five Superferry vessels in all."

Oct 10, 2007 Kirk Caldwell, State House Majority Leader and Superferry Supporter gives an excellent analysis of why Lingle's call to exempt the Superferry from Environmental Law is just adding more blunders to her already disasterous handling of the 4 year Superferry fiasco.

OCT 9,2007 Maui Judge Halts Superferry until EIS is complete.
(Although the ruling states that the Superferry cannot operate until it completes the State Environmental Assessment, Lingle and Superferry are claiming they can still run to Kaua'i since the plaintiffs only asked for a ruling on Maui. However, Judge Cardoza revoked HSF operating agreement so that would indicate that it cannot sail to Kaua'i either.) Ruling.

The judge also invalidated the state Department of Transportation's 22-year operating agreement with the Superferry, signed in September 2005. That would appear to prevent the ferry from using ports statewide 

More hate mail

Attorney to Coast Guard: Security zone illegal because Superferry operating illegally.

To all the blood-thirsty, emotional Superferry Supporters: Do you really want to see the protesters facing armed military and masked tactical teams with machine guns? Is your support of this business venture worth killing people for?

What are you thinking?!

Ask yourself why you care to the extent that you want to risk killing and injuring peaceful demonstraters. Do you really know that facts or have you been swayed by the nonstop, misleading (and expensive) Superferry PR?

Oct 9, 2007" Gov. Linda Lingle, state Senate President Colleen Hanabusa and state House Speaker Calvin Say have scheduled a meeting for this afternoon to discuss a possible special session to help Superferry."

We know where their priorities lie. We have kama'aina who are losing their children to the mainland because there is no affordable housing. Do they have a special session for this?

We have the spiky caterpillar on Maui now. If we had enough funds we could nip it in the bud (so to speak) right now. Do they have a special session for this?

But some big-spending corporation who has already gotten $180 million in handouts from our obliging legislators is now going to get special exemption from environmental law over the protests of the neighbor islands?

If Lingle, Say and Hanabusa want to ignite an unending war between the neighbor islands and 'Oahu, this is the way to do it. Their political careers will be finished but they'll have paid off their lobbiest donors. Smart move...NOT.

Oct 9, 2007 Superferry attorney Lisa Munger said the resources described by rural Maui residents were "not Valley Isle resources, but state resources belonging to residents and visitors."

Jeff on Big Island responds: "So am I right in assuming that what Munger is saying is that people can take anything off any island and bring it to another island or back the mainland? If so, in my eyes that's just another example of how HSF has no concern for our State; only for HSF. "

Why did Kaua'i explode in protest? Read an insightful article from the LA Times, no less. (alternate if the link is down)

Senator Gary Hooser: "The situation was caused by a major mistake, a very bad decision, a blunder on the part of the state Department of Transportation. And to date, I have not seen any proposals put forth by the department or the Lingle administration intended to resolve the issue."

Emergency TRO Appeal (on expanded Nawiliwili security zone)

Oct 8, 2007 Why did we allow Lingle and the Oahu legislators to fund a private business with our money? Let's put the blame for the wasted money where it belongs - squarely with Lingle who rushed the project through, cut corners and didn't stop to ask if the Superferry was even economically feasible. They didn't even put in parking lots, let alone consider all the other impacts and problems.

Oct 8, 2007 Analysis of the Bulletin and Superferry polls showing that they are invalid and that the presentation turns the results backwards in some cases.

Oct 7, 2007 'Oahu legislators are still being bamboozled by rigged "surveys" purporting to show that residents want the Superferry to run while they do an EIS - a ludicrous proposition.

Yes, let's allow them to do all the damage we're studying without any mitigation measures in place for a year or so and then say, "oops! it spread the spiky caterpillar to Maui, let's appropriate another $million or so for eradication."

Oh wait! The spiky caterpillar did show up on Maui after the superferry brought a load of resource-stealing 'Oahu vehicles. But gee, I don't see any state funds to fight it. Oh yeah, no mitigation measures yet, the EIS isn't done.

If Calvin Say or Colleen Hanabusa push this over on the neighbor island people, their reputations will be as tarnished as Gov. Lingle's has become. And up until now, Gov Lingle has escaped the consequences of her actions (like not releasing the money the Legislator appropriated for dam inspection which resulted in the Kaua'i deaths of 9 people.) If they want to see full scale neighbor island rebellion and international condemnation, that would be the way to do it.

Up until now, Maui has been very well behaved because we are counting on the Courts. If it Court or Legislature make an end run, look for serious repercussions.

And what's up with mainland-owned, right-wing Maui News? They're dissing our beloved Senator Tsutsui on the lamest of grounds. Senator Tsutsui argues that making special exceptions aimed at a single business (like the Superferry or the proposed hospital) is bad law. Yes it is.

So "We never met a big advertiser we wouldn't slant our stories and editorials for" Maui News attacks Tsutsui.

But they slobber all over Joe Souki who had a chance to fix the Superferry problem a year ago and, after taking Superferry donations, somehow forgot to let the legislation leave the committee he was chairing.

With their reporter, Harry Eager, running Superferry press releases verbatim as front page news, this paper has gone downhill badly. It reads more like the "Enquirer" with stories of brain-eating amoebas and frequent letters from that racist 'Oahu malahini Ken Conklin. Why even waste ink on that stuff?

But when they attack one of our smartest and most level-headed legislator - one who works for Maui instead of the lobbyists - well, that's just dumb.

Oct 6, 2007 The state Public Utilities Commission will serve Hawaii Superferry with a formal complaint filed by Kauai Rep. Mina Morita. The complaint asks the PUC to suspend Superferry's operating certificate until it complies with all environmental laws, which is one condition of its permit. Superferry has 20 days to respond.

But the restraining order sought by Hilo environmental attorney Lanny Sinkin, who filed the lawsuit against the U.S. Coast Guard, saying its new rule establishing a security zone at Nawiliwili Harbor was drafted in error and without the required public notice period, was denied. Sinkin argued that the rule was a misuse of homeland security rules put into effect after Sept. 11, 2001, to counter terrorists and subversives.

Oct 5, 2007
Q: Will the Stryker Brigade use the Superferry?
A: The Army's manager for the Stryker brigade said last night there are no plans to move the combat vehicles between O'ahu and the Big Island on Hawaii Superferry but said the Army could consider the ferry as a commercial contractor in the future.
Translation: Could happen.

Oct 4, 2007 Two federal agencies raised concerns in 2005 about the Hawaii Superferry's potential impact on humpback whales and other marine mammals and recommended a "consultation" to examine the interisland service.

Oct 3, 2007 Superferry PR department did a survey that they says shows support for their operation....hmmm....the same company that does their PR did the survey. And just how did they craft their questions? Sounds pretty fishy to me. Especially since the "Friends of the Superferry" website traces right back to their corporate office. How dumb do they think our legislators are? (Don't answer that...we may not want to know)

Oct 3, 2007: Lingle looks to legislature to resolve Superferry dispute. OK. Let me get this straight. Lingle ignores environmental law and the wishes of the neighbor island County Councils. Anyone with an 8th grade reading ability can understand that a project receiving State or Federal funds (the Superferry received both) is required to do an Environmental Assessment. But she wants to get in good with the upper echelons of the Republican party. And that means helping Bush/Cheney/Rove's buddies loot the taxpayers.

So she does a favor for Cheney's buddy, Lehman (and gets $25,000 in campaign donations as well as most likely the nod for national Republican candidacy) and tries to override Hawai'i environmental law.

But her plan backfires when neighbor island groups file suit and the Court says, yeah, you were wrong, wrong, wrong in deciding not to do an environmental assessment.

You'd think the Democratic legislature would be ecstatic. She's made a fool of herself. She's shown herself to be no better than Bush. But now they're going to bail her out of this hole she's dug herself? By destroying our state environmental law just for the Superferry? How dumb is that?

And why? Because 80% of the population lives on 'Oahu. and 80% of the legislators get elected by 'Oahu. And they don't give a flying f about trampling all over the neighbor islands. They have the numbers and they want what they want. They'll tear down environmental law because they've bought the Superferry (neo)con, hook, line and sinker.

Will these same people vote to subsidize the Superferry when the con is exposed and the Superferry's bottom line is dripping red?

Will these same people back Lingle as her "Unified Command" military forces go to war with our own citizens? When Lingle directs CPS to remove good kids from good parents to show she is just as militaristic and uncaring as the other neo cons?

How far will her Republican ambitions take her in attacking her own citizens? And how far have the Superferry supporters gone off the track in their consideration for the neighbor island people? Does their lust for the Superferry extend to harming or even killing protesters? How can they possibly put a business enterprise (which if they would stop listening to PR and do the math is too expensive to use) above human life?

People of 'Oahu - this isn't a TV program. These are real people who will be in the water. Real people who, if you are a long time kama'aina you are probably related to. And you think it is a good idea to have the Coast Guard with their machine guns go after them? Where are your priorities?

Oct 3, 2007: Military builds up zodiac "fleet" to use against Kaua'i Superferry protesters.

Superferry facts: High speed ferry similar to Military's WestPak
Operated by Hornblower (same as WestPak)
Size: 350 LOA x 78 ABEAM
Hornblower Marine Services Employees: 78
Capacity: 866 passengers, 288 cars or 16 large trucks

Oct 2, 2007 When Lingle flouted environmental law and Joe Souki killed the Superferry EIS bill, it created a situation where Hawai'i paid out $40,000 for a project doomed to failure. This money was going to be repaid by dock fees from the Superferry (which would have had to pay dock fees anyway...what a deal!)

Supporters of letting the Superferry break environmental law claim we taxpayers will have to repay these bonds.

Not true. The money is repaid from dock fees. We'll pay indirectly if they raise freight dock fees. However the cruise ships have a sweetheart deal where they pay far, far less than the going rate and get nearly free security paid for by the Hawai'i taxpayers.

Why not bring the cruise ship fees up to normal and high enough to cover the services we provide them. This should more than pay back the $40,000,000.

Oct 2, 2007: Lingle sinks to new low. Uses child welfare investigations as a political weapon against free speech rights of citizens who are fighting her campaign to ignore environmental law.

Oct 1, 2007: Kaua'i is asking other County Councils to pass resolution asking Lingle not to confront Kaua'i protestors with lethal force. Read more.

Oct 5, 2007: Friday, October 5 at 11 am Hearing on Motion for Temporary Restraining Order (against expanded security zone in NaWiliwili Harbor, Kaua'i) US Federal Court House, Honolulu Judge Helen Gilmore, presiding

Last update: November 10, 2007