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

 


September 2007 Superferry Developments

Superferry Poses Danger to Whales
Click to See High Resolution

Sept 27, 2007. Superferry announced they are not resuming service Oct 1. Now they say they'll resume service Oct 5...coincidentally the date set for Kaua'i hearing on whether the expanded security zone is illegal. Apparently they are setting a date in the future, then canceling, then moving the date further and again taking reservations (which may then be cancelled when they again move the date forward). Thus it is unknown if they really intend to resume service on Oct 5. Probably depends on the outcome of various court cases.

Sept 27, 2007 In response to the ruling that Kaua'i 1000 Friends had not filed to enforce an EIS within the legal timeframe, they decided not to go forward with their injunction lawsuit but rather appeal that ruling..

Sept 26, 2007 Demonstrating again that the 80% of 'Oahu legislators care nothing about the neighbor islands, the legislature is considering scrapping environmental law so the Superferry can go on ignoring its responsibilities for mitigating effects. Garibaldi is telling everyone Superferry designed the whale routes in consultation with the Hawaiian Islands Humpback Whale National Marine Sanctuary - which just happens to have Superferry VP's on its board.

Sept 26,2007 Judiciary explains why it took 2 years to rule on the Superferry appeal (and how Superferry tried to delay it even further)

Sept 25, 2007 Superferry plans to resume trips on Oct. 1. After announcing they weren't going to sail until after the court cases are resolved, they once again changed their minds. This has been the story for the last 3 1/2 years.

They're going to cut a notch in Pier 2. No wait! They're going to build a barge at the end of Pier 2.

They're going to use sonar to spot whales. No wait! They're not going to use sonar.

It's going to be cheaper than flying. No wait! It's more expensive because of the 30% fuel surcharge.

They're going to use biodiesel. No wait! Not going to.

They're more fuel efficient. No wait! They use more fuel per passenger than airlines.

They're going to wait until the courts decide. No wait! They're going to go anyway and risk massive protests on Kaua'i.

This is because they didn't do an environmental assessment...they flail around with no decent plans and just throw a lot of BS around. What are their real plans? They still have no parking lots, little traffic mitigation, no invasive specie plan and no workable whale plan..,lots of BS but nothing effective.

Sept 24, 2007 More military connections. Was the Superferry ever really destined for civilian use? Doubtful. It looks more and more like this was just a scam to get the Maritime Loan Guarantee.

Sept 23, 2007 We've been puzzled because a quick calculation shows that even at normal fares and a high capacity, the fuel costs of this gas-guzzler appear to make it operate in the red. And until they gave away $5 tickets, rumor is they had fewer than 100 passengers booked total! Were they intending to "flip it" before the buyer figured out it was a money loser? Were they going to contract out to the military?

Turns out the Superferry is actually "Austal Auto Express 107" and is operated by Hornblower Marine Services. Now just "coincidentally" Hornblower also operates "Austal Auto Express 101" aka WestPac Express - chartered by the U.S. Navy since 2001.

Did we get suckered into paying for a ship so that Superferry could say, "Oh gee, we aren't profitable, we'll have to lease to the U.S. Military or default on our taxpayer loans."

And is the Superferry secretly chuckling about the controversy since it provides an excuse to lease to the military even sooner and before it loses a ton of money pretending to be a passenger ferry?

Inquiring conspiracy theorists want to know :-)

Sept 22, 2007. Lingle's radio address trumpets her firm hand in suppressing Kaua'i protesters...but....oops!....Superferry already caved and postponed service.

See a thoughtful analysis postulating that the Superferry was a lightening rod for the accumulated frustration of over-development and loss of the island life we love.

"A lot of people are just fed up with the big money coming in and pushing them around, and never apologizing," says one Kaua'i man. Read the article.  

From Juan Wilson: "The Governor has brought to bear as much force as she can command. She calls it the Unified Command and it includes the National Guard, USCG, FBI, The Hawai`i Attorney General, State Police, PUC, DLNR, HDOT, and pathetically our mayor, Bryan Baptiste and the Kaua`i Police Department. She seems to be following the old motto: "If brute force is not working, you are not using enough of it."

Last Thursday night, at the War Memorial Convention Hall in Lihu`e, the people of Kaua`i overflowed the arena to meet with the Unified Command.

The original agenda was for the governor to tell Kaua`i residents about the regulations to restrict our activities in the Emergency Security Zone, then describe the lethal forces arrayed to stop "illegal" activities and finally explain the punishment for violating those regulations. Then she would take questions from the public on the security issues.

That was not the meeting the people of Kaua`i had in mind...read more;

Sept 21, 2007 Superferry postpones Kaua'i trip in face of almost universal opposition to their service commencing prior to an EIS. Although the Judge disallowed the environmental issues on the grounds that the Kaua'i plaintiffs hadn't filed prior to the deadline, he is continuing the constitutional and public nuisance issues to trial.

That combined with over 100 people saying they'd commit civil disobedience even in the face of 20 year jail sentences and $25,000 fines plus the over 1,000 people who attended Gov. Lingle's meeting and spoke eloquently against bringing the Superferry convinced Garibaldi et al to postpone.

Lingle has really gotten herself in a mess from her attempt to circumvent the law. An additional lawsuit pends against the increased security zone for Nawiliwili Harbor and the Maui lawsuit is still in trial. A threatened lawsuit against DOT for trying to wiggle out of competitive bidding for the Superferry EIS caused them to retreat from that attempt to flout the law.

Sept 21, 2007 Megan Wong, et al v. George W. Bush, et al, the lawsuit challenging the Kaua'i Superferry security zone is scheduled to be heard at 2pm on Sept 25th.

Sept 21, 2007. Kaua'i suit to bar SF continues on Thursday, Sept 26, the day after the SF is scheduled to go to Nawiliwili Harbor.

Sept 21, 2007 Hawai'i County Councilman, Pete Hoffman calls Mayor Kim's Maui trial testimony, "inaccurate". "I'm a little surprised the mayor would feel he has to go to Maui to advocate for the Superferry," Hoffmann said. "I don't believe a majority of people on this island favor the Superferry at this time. "

Sept 21, 2007. Violations of the U.S. Constitution continues to grow as Sheriff's officers bar AP press photographer and seized another AP reporter's tape recorder at the Kaua'i courtroom where the Superferry restraining order trial is taking place.

Kauai Security Zone Meeting with Lingle
Over 1,000 anti-SF Protesters on Kaua'i at Lingle Security Zone Meeting

Sept 20,2007 Kaua'i Lingle Security Zone Meeting. Superferry flew about 150 pro-SF employees over to Kaua'i for the meeting -- otherwise it is doubtful there would have been more than a handful of the 1,100 people to speak for it. Read some testimony.

Sept 20, 2007 State Rep. Hermina Morita will file an official protest with the State PUC asking them to withdraw the Superferry's operating certificate until the EIS is completed.

Sept 20, 2007 Sample hate mail by Superferry supporters. Question: Why can't these people use paragraphs?!

Sept 20, 2007 ACLU-Hawai`i Director Lois Perrin and Ira Rohter, a professor of political science at the University of Hawai`i, question the motives behind Lingles list of penalties for demonstrating against the Superferry. "It's not a veiled threat, it's an explicit one," he said. "This is crowd-control management." Penalties include 20 years in jail for "destruction or interference with vessels or maritime facilitie".

Sept 20, 2007 Former Kaua'i Mayor JoAnn Yukimura: "The governor and the Superferry officials believe that only an insignificant minority of Kauaians want an EIS before the Superferry is allowed to run. We know better. We know that many Kauaians of all walks of life and ethnic backgrounds want an EIS first. "

Sept 20, 2007 Follow the money: Superferry interest contributed over $25,000 to the Lingle/Aiona campaigns

Sept 19, 2007 And in Maui Court news, the Superferry is presenting witnesses to show how everyone loves and needs them...irrelevant to the question of law as to whether they've completed the EIS prior to commencement of operations as specified in the Hawai'i Revised Statutes.

Brig. Gen. Gary Ishikawa, deputy adjutant general for the state Department of Defense, said the 350-foot, high-speed catamaran would provide a quick and efficient response.

Because the vessel can transport a battalion of 600 to 700 soldiers, equipment, supplies and 200 vehicles in a single trip, "I can roll right off the Hawaii Superferry and start operations immediately," Ishikawa said.  See Kyle Kajihiro's comments on the military connection.

And just who are you planning to "roll off" and attack here in Hawai'i?

Sept 19, 2007 Kaua'i residents file lawsuit to invalidate Superferry security zone which is designed soley to supress their First Amendment Rights to free speech. Complaint Supporting Documents.

Sept 19, 2007 DOT changes their mind (after being threatened with lawsuit) and puts Superferry EIS out to bid as they were supposed to from the get-go. Why does it take a lawsuit to make Lingle's administration obey the law?

Has anyone noticed that for the last 3 years Hawaii Superferry's Garibaldi has been threatening that if he doesn't get what he wants he'll take the Superferry elsewhere? Didn't your mother warn you about con men and their "hurry and invest now because this opportunity will disappear -- no need look behind the curtain!" After 3 years of this we realize the EIS could have been done years ago without impacting the start date.

Sept 18, 2007 Hawaii Guard just oh so coinciidentally begins anti-terror exercise on Kauai - what has happened to our beloved country when peaceful dissent is crushed by the military in the guise of "anti-terrorism". Read Scott Mijares' plea to Gov. Lingle asking her to stop aiding the Superferry in flouting the law.

Sept 15, 2007 In court: "If we have to stop, it's virtually instantaneous". --Capt. Adam Parsons of the Alakai, the Hawaii Superferry vessel that can travel at speeds up to 45 knots, while under oath on the witness stand in Judge Cardoza's Courtroom.

 O.K. Let's just say I'm really gullible and believe that a ferry traveling at 45 knots can stop virtually instantaneously. Ya think that might result in passengers flying around the vessel resulting in many serious injuries? Jeff Sacher, Big Island.

Sept 15, 2007 Rob Parsons of Maui and Jeff Sacher of Big Island filed objections to the noncompetitive Superferry EIS bid on the part of the DOT. The noncompetitive bid is in violation of the law (again). Attorney Lance Collins indicated that they are willing to go to court if necessary to battle yet another violation of State Law on the part of the Lingle administration.

Sept 15, 2007 Lingle asks Legislature to gut environmental law so her pet project, Superferry, can trample over neighbor islands. Since 80% of the legislature is comprised of 'Oahu reps, and since traitor to his island, Souki has taken donations from Superferry and has consistently voted against his constituents, this may work. See Lanny Sinkin's analysis of this nonsensical proposal. Lingle made a huge mistake and is trying to get the Legislature to bail her out.

Sept 15, 2007 Maui's Judge Cardoza has left the TRO (for Maui only) in effect while he considers his decision on whether the Superferry will be barred until it completes an EIS. Federal Maritime officer worries about loan payback (He should have worried from the get-go since a simple calculation would have shown that the Superferry will be operating at a loss as a passenger ferry.)

Sept 14, 2007 Superferry uses the same tired old threat they used in 2004 to avoid an EIS - threatens to pull out of Hawai'i. In our opinion, the project would have gone bankrupt here eventually (take a look at the numbers) so this just gets the inevitable over with and saves us from having to argue about whether we're going to bail them out later.

Sept 14, 2007 Lee Cataluna writes a hilarious article on the Superferry imu rock stealing incident.

Sept 13, 2007 Kaua'i protestors worry that Superferry's return and Coast Guard get-tough (you recall last protest, they untarped and manned their machine guns) will result in another Kent State type massacre. They beg Gov. Lingle not to allow the ferry to return to Kaua'i until the EIS is done and mitigations are in effect.

Sept 13, 2007 The former head of Haleakala National Park,Donald Reeser, testified that he urged federal officials in March 2005 to request that Hawai'i conduct an EIS of the Hawaii Superferry to examine ways to prevent the spread of fire ants, stinging nettle caterpillars, Himalayan raspberry and other invasive species that could threaten the park's delicate ecosystems. He said there was an "obvious deficiency" of Ag inspectors. Read more.

Sept 12, 2007 Superferry announces it will resume service to Kaua'i on Sept 26. Lingle issues draconian, far-reaching list of laws and penalties that she will use to punish Kaua'i protestors.

Sept 12, 2007 Superferry interferes with paddling and Hawaiian cultural program. (Also almost swamps canoes with 5' wake wave as it speeds up to the harbor mouth)

Sept 12, 2007 Senator Gary Hooser's eloquent reply to those who write wanting the Superferry exempted from an EIS.

Sept 11, 2007 Never Conquered Kaua‘i shows courage in the face of political conspiracy

Sept 6, 2007 Sierra Club Maui alerted that several truckloads of ala rock for imus that had been "harvested" on Maui beaches and was waiting to go back to O'ahu when the superferry was halted. An anyonmous caller old us the trucks were parked at the s-ferry lot in kahului. We called DOCARE and they went down and checked and found the claim was true and are citing the vehicle owners for removing rocks. The looting of the Maui's natural resources began the first day of Superferry operation. However the State would not allow the DLNR officer who witnessed this to testify.

Sept 6, 2007 Excellent Investigative Article uncovering why the Superferry was so frantic to avoid an EIS. They needed an exemption in order to get American taxpayers to support their corporate project with a loan guarantee. The Lingle administration's Hawaii Department of Transportation improperly issued that environmental exemption.

Sept 6, 2007 Kaua'i hearing on Superferry TRO 9am. Continued to 9/7...

Sept 3, 2007 Coast Guard Makes NaWiliWili Harbor into Militarized Zone. Meeting behind locked doors at the Kauai County Building, state, local and federal officials told select members of the Kauai community that a new security zone will be in place when and if the Superferry returns this week. Anyone within the new zone will be arrested on suspicion of stiff federal charges, officials said. Our new police state in action against its own citizens.

Sept 3, 2007. Failure to do EIS Set Superferry on Doomed Course

Sept 2, 2007 The Ferry Should Go Where People Want It

Sept 2, 2007 MARAD's Odd Loan Condition For the Superferry

Sept 2, 2007 Court told delay would hurt Alakai's military usefulness. Maui Court Filing Confirms Military Use of Superferry. John Tyler comments:
"Superferry is putting forth what I believe was always intended, that if the commercial venture defaults, the investors are free to use it for their own profit generating needs--with almost half of the board of directors in private military contracting (similar companies to Haliburton), they then get the Superferry asset, the boat(s), bought with taxpayer loans, for a song. Crocodile tears, Mr. Garibaldi.... "

Love the Superferry?  Keep it!

 

Last update: November 10, 2007

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