Hawaii Superferry sails again: Oahu-Kauai, not Maui
After being halted by protests at sea and legal challenges on land, the controversial Hawaii Superferry is set to resume daily service between Honolulu, Oahu, and Nawiliwili, Kauai, on September 26, 2007.
With guarantees of support from Governor Linda Lingle and the U.S. Coast Guard, the Superferry plans to arrive on Kauai earlier in the day than previously scheduled. The exact departure and arrival times have not been finalized, so until the new schedule is confirmed, tickets will not be available for purchase.
Superferry trips between Oahu and Maui are still dead in the water, pending a Maui court decision on whether or not the Superferry will be allowed to operate while an environmental review, which could take months, gets underway.
Deal: Special travel deals are still available for those whose Hawaii Superferry trips were canceled. Passengers are eligible for $19 one-way fares on Hawaiian Airlines if they book their flights by September 21 and fly by October 31, 2007. Dollar Rent a Car is offering an extra 5% off their lowest discount rates, plus they’ll waive any surcharges for additional or under-age drivers.
Were you aboard one of the inaugural Superferry voyages? Tell us how your trip was in the Comments section below.
More…details: For the most up-to-date status reports on Superferry routes and revised schedules, check the official Superferry website.
When: The Hawaii Superferry will restart daily voyages between Oahu and Kauai on September 26, 2007.
Caveat: The above information is subject to change at any time.
Critique: When I blogged before about the Hawaii Superferry controversy, an enormous variety of opinions were posted by both mainland and island residents on this website. Here’s what people have been saying about the new inter-island ferry service.
Contact: Hawaii Superferry, (877) 443-3779, (808) 853-4175, customercare@hawaiisuperferry.com
Related Los Angeles Times links:
Hawaii Superferry controversy heats up
Hawaii Superferry blocked from docking on Maui by protests
UPDATE: Hawaii Superferry service suspended
Fuel surcharge, pricier seats on Hawaii Superferry
– Sara Benson, L.A. Times Travel Deal Detective
[Photo credit: LAT / Annie Wells]
10 Comments on “Hawaii Superferry sails again: Oahu-Kauai, not Maui”
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September 19th, 2007 at 2:00 pm
[Editor's note: The author/commenter is the Editor of the Molokai Advertiser-News]
Lingle/ Superferry/ USCoast Guard: HUKA WAI I KE PILI !!
by George Peabody
SuperFerry has federal/military protection zone, military enforcement making it a threat to the entire marine community; and, appears to be a preemptive strike against protesters, useful by Lingle’s Police State.
Lingle & Military-based $95-Million Superferry Operators Make War on Americans as Superferry defies Hawai’i Supreme Court’s unanimous decision, that the Superferry must do an environmental review before it continues operations in Hawaii and enjoys impunity from Lingle’s State law enforcement, enhanced by military enforcement by US Coast Guard that violates the rights of all other boaters, surfers, fishermen and threatens them with major prison time and fines, some people are beginning to wake up to the fact that Hawaii is under Martial Law that Lingle coverup….
[See http://www.MolokaiAdvertiserNews.com for the rest of the story]
September 19th, 2007 at 2:23 pm
lepers unite! what newspaper editor makes such scurrilous comments?? take the military out of the state of hawaii and watch it turn into china or god knows what other country would take us over.
September 19th, 2007 at 5:21 pm
I hope they shut down the superferry and make them do an Environmental review LIKE EVERYONE ELSE HAS TOO!!!
I was never a fan of Lingle, but this sure doesn’t help. Then again, I don’t think she will be up for re-election.
September 19th, 2007 at 6:24 pm
Where is the Impact study for all the other vessels sailing in and around the islands? Why isn’t anyone screaming about them? What about the commercial fishing vessels? Certainly they have done more damage to the environment than the Superferry will ever do. “I don’t recall ever witnessing a cruise ship delivering hundreds of cars to Kauai” -The environmental Impact Study isn’t for the road system on Kauai, it’s for the harbor and surrounding waters! I’m much more concerned about overfishing than the Superferry bumping into a dolphin or two (which probably will not happen. The silent majority of Hawaiians support the Super Ferry. Its mostly the Haoles (and people of Asian descent that call themselves Hawaiians) that are making all the fuss. Get over it, Haole surfer dudes.
September 20th, 2007 at 9:33 am
Potential Crimes or Civil Offenses that could be committed by
Persons Acting on behalf of the Superferry Enterprise
The authorities, who insist Superferry is still permitted to operate legally and intend to bring Superferry into Nawiliwili Harbor, Kaua‚I, prepared and circulated a long list of offenses that could be charged against the people, who are taking direct action to prevent the Superferry from entering Nawiliwili Harbor.
That presentation presents no discussion as to why the authors or anyone else in authority believe that Superferry has the right to enter Nawiliwili Harbor.
The observations below are only made to reflect back to those in power what they are projecting into the community. The people are not acting from anger. They are firm, passionate, and committed. They are peaceful people who seek to live in peace and understand that sometimes aloha means getting out the broom and swatting someone on the okole to wake them up.
The compilation below is based on the assumption that Superferry is operating in violation of the law and that anyone who facilitates this violation of law or commits acts in furtherance of this violation of law is also acting illegally.
The basis for concluding that Superferry is operating in violation of the law is found in the following:
A reasonable person could conclude:
(1) there is a potential for significant adverse environmental effects if Superferry continues to operate and again attempts to enter Nawiliwili Harbor (see evidence in Maui case);
(2) the Supreme Court ruling requiring an environmental assessment means Superferry is legally required to cease operation until an EA is prepared [see HRS 343-5(C) („Acceptance of a required final [environmental] statement shall be a condition precedent to approval of the request and commencement of the proposed action.‰)];
(3) the elected and appointed officials at the State and Federal level responsible for upholding the State and/or Federal Constitution and enforcing the law are, instead, conspiring with Superferry to violate the law (see press conference held by Governor, Coast Guard, and Superferry re return to Kaua‚i on Septmeber 26);
(4) environmental laws, procedures, and principles are being subverted to facilitate Superferry making a profit and staying in business (see statement of Director of Department of Transportation regarding need to rush EA so that Superferry can operate);
(5) State and Federal officials are prepared to use force, up to and including lethal force, to facilitate Superferry violating the law (see video of de-tarped and manned heavy caliber machine gun during August confrontation in the harbor), and
(6) to facilitate the use of force, the Department of Homeland Security Coast Guard illegally adopted a rule creating a security zone [see Petition filed as a comment at http://dms.dot.gov/ (Simple Search, Docket 29153) Comment by „Lanny Sinkin‰ dated September 12, 2007]
Based on those conclusions, a reasonable person could further conclude that
(1) citizenship, necessity, self help, and self defense call for taking direct action to uphold the Constitution and laws of the State and Nation,
(2) that those in power at the State and Federal level, who are operating outside the law, will potentially commit a host of crimes, including and not limited to racketeering (RICO), sedition, conspiracy to violate civil rights, assault, battery, false arrest, false imprisonment, wrongful death and a host of other criminal violations and civil torts unless they cease and desist from their illegal activities,
(3) that it will be those in power trying to facilitate Superferry‚s violation of the law that will be blockading the harbor to prevent its legal use by the resident of Kaua‚i and their guests;
and
(4) that those in power at the State and Federal level, who are massing force against those seeking to enforce the law and petition for redress of their grievances, are in fact terrorists, whose actions are designed to make people afraid, to convince people to give up their rights, to force people to submit to an external authority, and to punish „non-believers.‰
Those opposed to Superferry entering Nawiliwili Harbor bear no animosity to those who insist on taking and/or furthering this action. They do, however, assert their right under the Constitution and laws to prevent violations of law and their obligations as citizens to do so.
Sedition is the federal crime of advocacy of insurrection against the government or support for an enemy of the nation during time of war, by speeches, publications and organization. Sedition usually involves actually conspiring to disrupt the legal operation of the government and is beyond expression of an opinion or protesting government policy.
To the extent that State and Federal law enforcement personnel knowingly act in violation of the law, such personnel are „conspiring to disrupt the legal operation of the government‰ and are guilty of sedition. Preempting the courts to decide that Superferry can operate, despite the clear prohibition in the law that the courts are now considering imposing on Superferry, is a form of sedition.
Murder is the illegal killing of one human being by another. Murder is generally distinguished from other forms of homicide by the elements of malice aforethought and the lack of justification.
Having shown a willingness to use lethal force by uncovering and manning a large caliber machine gun, any United States Coast Guard personnel or other law enforcement personnel who knowingly kill someone while in the midst of aiding and abetting Superferry in violating the law will be subject to the charge of murder.
Voluntary manslaughter describes cases where the defendant may have an intent to cause death or serious injury, but the potential liability for the person is mitigated by the circumstances and state of mind.
Anyone participating in the Superferry enterprise who loses his or her temper and kills someone will face charges of voluntary manslaughter.
Kidnapping is any illegal capture or detention of a person or people against their will.
If, in the course of aiding and abetting Superferry in violating the law, any law enforcement personnel „arrest‰ a citizen trying to enforce the law, such an arrest and detention can be prosecuted as kidnapping.
Theft, in the criminal law, (also known as stealing) is the illegal taking of another person’s property without that person’s freely-given consent.
Anyone participating in the Superferry enterprise who takes from another person their boat, surfboard, boogie board, or other possession without their consent is guilty of theft.
Robbery is the crime of seizing property through violence or intimidation. More precisely, at common law, robbery was defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear.
Anyone participating in the Superferry enterprise who takes the property of another using force or fear is guilty of robbery
RICO (RACKETEER INFLUENCED AND CORRUPT ORGANIZATION) is a federal statute.
Under that statute the commission of two or more predicate acts in furtherance of a criminal enterprise is a basis for being charged with a RICO offense.
Murder, kidnapping, theft, and robbery are all predicate acts under the RICO statute.
Assault is the threat of violence caused by an immediate show of force.
Any participant in the Superferry enterprise that engaged in threatening those trying to enforce the law would be guilty of assault.
Battery is injury or other contact upon the person of another in a manner likely to cause
bodily harm.
Any participant in the Superferry enterprise that engaged in physically harming those trying to enforce the law would be guilty of battery.
Obstruction of Justice is committed by attorney generals and prosecutors when they fail to prosecute judges and other government officials for malfeasance misfeasance or nonfeasance in office.
To the extent that the Attorney General and/or county prosecutors cooperate with the Superferry illegal enterprise and/or fail to prosecute the government officials cooperating in that enterprise, the Attorney General and country prosecutors are guilty of obstruction of justice.
Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election.
Enforcing the law to facilitate an illegal action is malfeasance in office or official misconduct.
Any public official cooperating in the Superferry Enterprise will be guilty of malfeasance in office or official misconduct.
Conspiracy (civil), agreement between two or more natural persons to break the law at some time in the future
Conspiracy (crime), agreement between two or more natural persons to break the law at some time in the future.
The press conference that included the Governor, the Coast Guard, and Superferry announcing Superferry‚s return to Kaua‚i with a military and law enforcement escort is prima facie evidence of a conspiracy.
Accessory is a person who assists in the commission of a crime, but does not actually participate in the commission of the crime as a joint principal.
Even though State and Federal officials in the highest positions of responsibility will not be in the flotilla, their exercise of authority to aid and abet the violations of law make those officials accessories to the violations.
False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without probable cause or without an order issued by a court of competent jurisdiction. It is possible to sue law enforcement officials for false arrest.
An arrest predicated on a known legal act is clearly false arrest. An officer of the law participating in an illegal enterprise who arrests a person trying to stop the illegal enterprise is guilty of false arrest.
False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority.
Detaining people known to be innocent of any criminal intent in a jail, temporary prison camp on the Nawiliwili Jetty, Matson container converted into prison cell, or other similar detention is false imprisonment.
Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute.
A person engaged in an unlawful activity that results in the death of another person can be sued for wrongful death.
§707-716 Terroristic threatening in the first degree. (1) A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:
(a) By threatening another person on more than one occasion for the same or a similar purpose;
(b) By threats made in a common scheme against different persons;
(c) Against a public servant arising out of the performance of the public servant’s official duties. For the purposes of this paragraph, “public servant” includes but is not limited to an educational worker. “Educational worker” has the same meaning as defined in section 707-711; or
(d) With the use of a dangerous instrument.
(2) Terroristic threatening in the first degree is a class C felony. [L 1979, c 184, pt of §1(2); am L 1989, c 131, §1; gen ch 1992; am L 2006, c 230, §31]
To threaten to arrest, prosecute, imprison and fine people acting in harmony with the law constitutes official terroristic threatening.
The press conference held by the Governor, the Coast Guard, and Superferry constituted the first action of official terroristic threatening.
The release of the statement of offenses and punishments aimed at those intending to enforce the law in Nawiliwili Harbor was the second act of official terroristic threatening. That second act triggers Section (a) of the State statute.
The official threats made against hundreds of people to further the Superferry enterprise triggered Section (b) of the State statute.
The threats directed at people doing nothing more than trying to uphold the law by acting in place of official law enforcement, because official law enforcement is either failing to enforce the law or actively cooperating in the lawlessness, triggers Section (c) of the State statute.
–
Source: The Law and A Lawyer
September 20th, 2007 at 10:25 am
Aloha to Mokule’ia,
Just for the record, half of the surfers for the arrival of the Superferry here on Kauai were Kanaka. Hawaiians and non-Hawaiians made their voices heard, “Comply with the Supreme Court’s decision and environmental law.”
We want to protect our aina and marine life which would suffer more than just a bump as you claim. They’d be mortally sliced by the Superferry traveling at 40 knots per hour just as they have in the Canary Islands and Japan. The Humpback whale calves wouldn’t stand a chance.
Judy
September 20th, 2007 at 1:37 pm
I am so sad to see Hawaii people behaving so poorly over the Superferry. What has happened to our self respect? Please remember the world is watching and every news clip, article and related blog is being reviewed. Present yourselves accordingly and by all means make sound decisions based on facts. I am appalled at the narrow mindedness of some statements made by Hawaii citizens and government representatives.
Any Environmental review conducted should include ALL businesses operating in Hawaiian ports. Are we going to halt service for Young Brother’s, Matson and NCL? If these arguments are not to include all related parties then any and all conversations are biased and discrininatory.
Please STOP wasting my tax dollars!!!!!!!!!!!!
October 9th, 2007 at 12:46 pm
This Superferry deal is quite controversial. So many pros. So many cons. It makes one great Enviornmental Science class discussion/debate!
October 10th, 2007 at 10:18 pm
this whole ordeal is just REDICULOUS…i am embarassed for these protestors. whales? –like our waters are SWARMING with whales…give me a break. if alaskan waters can have superferrys, and have very few incidents with whales, then im sure hawaii’s spacious waters can handle 1 superferry. as far as invasive species, i shipped my car from hawaii to oahu, and back on a locally operated barge…they did nothing about checking for fire ants, coqui frogs…or seeds from some plant. they barely even looked at the vehicle..let alone screen it for drugs. SO PLEASE. dont gimme that. another foolish argument was regarding traffic congestion. i just had to laugh at this one see because, there are two steps when a boat comes the the harbor…unload- and then reload. understand? so with every 250 cars it drops off…it takes 250 cars…i was really looking forward to takin a ride on this thing when it comes to big island in 2009…but it looks like the only way its gonna get here is through the military–when they buy the thing after the business has gone down the drain. at least this way when protestors show up on surfboards, they wont need the coast guard to protect them. =) what will future prospective businesses think when this superferry goes belly up? (thanks protestors!)
October 28th, 2007 at 12:11 pm
As if the environmental impact of a ferry could even come close to the disaster that is an airport…