Friday, November 16, 2007

Hawaii Superferry readying for protests

The Associated Press November 16, 2007, 1:09PM ET text size: TT

Hawaii Superferry readying for protests

As the Hawaii Superferry prepares to sail again after winning challenges in court and at the state Capitol, the company now faces its most daunting obstacle -- more protests in the water.

The last time the 350-foot catamaran tried to dock at Kauai's Nawiliwili Harbor in August, it was turned away by a flotilla of protesters on canoes, kayaks and surfboards. They refused to budge and were encouraged by hundreds onshore.

The Coast Guard has been thrust into the middle of the emotional showdown and is now being forced into the difficult, unusual and possibly dangerous task of arresting Americans.

Coast Guard personnel previously failed to provide safe passage for the vessel as protesters heckled and splashed them with water. But the Coast Guard has repeatedly warned it will take immediate action next time around.

"We have practiced and prepared for the worst-case scenario, so we will be ready," Coast Guard spokesman Lt. John Titchen said Thursday. "We hope, ultimately, demonstrators can find a lawful way to voice their opinion."

An emergency expanded security zone has been established at Nawiliwili, as well as a designated area for protesters. The Coast Guard is also considering establishing a similar security zone at Maui's Kahului Harbor despite the fact that no protests in the water have been held there.

Anyone in violation of a security zone faces stiff federal penalties, including up 10 years in prison.

"I think it's fair to say we'll be ready to apprehend and detain people who do violate the security zone, whereas prior to this, we have demonstrated restraint," Titchen said.

The Coast Guard wouldn't comment about tactics, personnel or vessels it plans to deploy, but it's clear that a major effort is being mounted before the ferry's resumption of service in a few weeks. The Coast Guard has been training and bringing in personnel from the mainland.

One challenge the Coast Guard is dealing with is how to safely place a protester in custody, Titchen said.

"What we hope to see are law-abiding citizens. We hope people recognize the U.S. Coast Guard has a challenging role in this situation," he said.

The Superferry, which is in the process of bringing back some of 250 furloughed employees, is expected to announce a resumption of service date soon.

Judge Joseph Cardoza on Wednesday cleared the way for the Superferry to operate before a study of its potential to harm endangered whales and to damage the environment is completed.

He cited a new state law passed in an emergency legislative session in his decision to reverse his injunction against operation of Hawaii's first vehicle-passenger ferry service.

Attorney Isaac Hall, who represents three environmental groups that sued the Superferry, asked Cardoza to keep the Superferry out of service because of the threat to whales. He also warned that people will get hurt, saying if the injunction were dissolved, "the only way left to secure justice is in the water."

Hall did not respond to phone messages left at his office Thursday.

Rear Adm. Sally Brice-O'Hara, commander of the Coast Guard's 14th District, has acknowledged that officials have underestimated the protesters in the past. She has said no one was prepared "for that level of passion and determination to halt the Superferry's transit."

The Coast Guard's normal role in Hawaii is to protect Hawaii's shores and to rescue mariners in distress. Now, it is being asked to be an enforcer.

"The Coast Guard is used to reaching in the water and pulling the hand of someone who desperately wants to be rescued. Now we have people who want to make a statement," she said.

State Sen. Gary Hooser, D-Kauai-Niihau, said he expects protests since so many people are unhappy with how the situation has played out. He voted against the Superferry's resumption of service during the recent special session.

"I would hope and encourage the Coast Guard as well as the state to not overreact and to exercise restraint," he said. "Should a situation develop ... I don't think it's helpful to escalate the tension by an unnecessary show of force."

Hooser said the Superferry needs to take its time and to reach out to the community before resuming service.

"If they are serious about doing the community outreach and mending some of the rifts and not having a big scene on opening day, they should do that outreach and take the time it needs to make it work," he said.

A Superferry spokeswoman said CEO John Garibaldi was not available for comment.

State Transportation Director Barry Fukunaga said he doesn't know what to expect from possible protesters.

"Hopefully, they understand that there are significant penalties associated with violating the laws," he said. "So hopefully that would give them reason to pause and not participate in something like that."

Press release: Polynesian Kingdom of Atooi

Press release: Polynesian Kingdom of Atooi
November 14, 2007
 
In what turned out to be a cordial meeting of minds Ali'i Nui Dayne Aipoalani, High Chief of the Kingdom of Atooi met with police representatives at their office building in Lihue on Thursday November 8, concerning his and Customary Chief Robert Pa's arrest last week. The two were arrested  at the historic County courthouse where they had gone to address issues of the disinterment of iwi at various building sites around the islands and charged with obstructing government operations and impersonating police officers at the August 27 Superferry protests at Nawiliwili Harbor.
 
While  Police Chief Darryl Perry, Lt. Mark Begley, officer Gordan Isoda and arresting officer Roy Asher  were intent on discussing the events of that day the conversation quickly shifted to the legitimacy of the Kingdom in its First Nation capacity as recognized by the United Nations in 1947 when its State Seal was issued.  The Kingdoms delegation having just returned from Washington DC, went to the offices of Daniel Akaka, Mazie Hirono and Neil   Abercrombie to present  papers serving Notice of Declaration of Ownership of various lands in Hawaii. Dayne pointed out that those who went had at first been detained by the Department of Homeland Security and then given entry to Congressional offices upon the examination of their national papers and the seal from the UN. He forgave Officer Asher who had arrested him and Pa causing them discomfort, as he told him that their were some things he needed to realize. Besides the recognition from the UN there is the well documented overthrow of the Kingdom of Hawaii, his personal lineage along with others, descending from the last king of Kauai and Kamehamea, the first king of united Hawaii. He presented documents recording lands granted to his family in the grand Mehele which incidentally include Nawiliwili harbor among many other holdings throughout greater Hawaii. He finished up noting The Apology Bill for the overthrow signed by Bill Clinton in 1993, U.S. Public Law 103 - 150, and asked the officers which part of his claims they wished to discuss first. 
 
Needless to say there is a difference in perception between state and kingdom of who owns what and who is breaking whose laws.
 
The police for their part were willing to discuss these matters. Officer Asher stated that there would now be no reason to arrest "kingdom guys." They were willing to work the current situation out if stopping short of absolute recognition on their part. The High Chief said it was not in his interest to shut down county, state or federal governments, only to exercise oversight authority as the representative of the "first people" and the preservation of their endangered culture, to ensure the well being of future generations of their keiki. He also pointed out that on the badges the police wear is a representative figure of a Hawaiian Ali'i which in fact is representation of himself. He further asked the Police Department to issue an apology for his arrest to be published in the Garden Island to clear his name. They agreed to this.
 
The police will now examine the documents presented to them and go through their protocol "so as to protect the Kingdoms foundation so no one else gets arrested."  Chief Dayne also received an E-Mail from Governor Lingle's liaison Loke Kin stating the same thing and calling for further discussion. Among those documents which included the Declaration of Ownership of Kingdom properties as mentioned; are the United Nations Declaration on the Rights of Indigenous Peoples, United Nations Charter, chapter 11, article 73 under which the Nation of Hawaii was placed in 1947, and recognized as First Nation. 
 
Copies of  letters sent  to Secretary of State Condoleeza Rice and Senator Daniel Akaka further delineating  those charter principles and how they relate to the current situation were also presented. Among those principles listed are the rights of native peoples to self determination including the right to autonomy:  political, economic and cultural determination according to their self perceived needs. The outlawing among other things, of forced assimilation, such as the event of the Hawaiian takeover, which eventually lead to statehood over the strenuous complaints of the Hawaiian leadership and people, as well as the legitimacy of claims to dispossessed lands and resources that have been lost to colonization. These letters also remind their recipients that Hawaiians are not native Americans by the obvious fact these islands are in no way part of the American continents. And that the Akaka Bill is legislation that essentially interferes with the internal affairs of what has always been an external nation and culture; and if passed will be subject to the review of international tribunals.
 
 Also poignantly cited is the Hawaiian Kingdom - United States of America Friendship Treaty, Commerce and Navigation, Article II of 1850 that has never been revoked. In this, as in any sovereign nation, is listed the inherent right of all nations to regulate commerce and the passage of ships in territorial waters. This of course includes the ferry Alakai and its permission to enter Nawiliwili Harbor without an EIS for which actions on the night of protest Dayne and Robert were arrested.
 
Concerning all these complaints of political genocide and theft against the indigenous people of Hawaii, the High Chief of Atooi declared that it is high time for the Redress of Grievances promised in the American Constitution as well as various UN charters.
 
The promise of the Kauai Police and the Office of the Governor to sincerely review these issues perhaps denotes someone is finally listening after all.
 

Thursday, November 15, 2007

May God bless what follows...

"Fascism should more appropriately be called Corporatism because it is a merger of
state and corporate power." Benito Mussolini.

Is there any question what's running the Hawaii state government?

Isn't it time for the Monarchy's lawful and pono return, and to throw out the corrupted system cursed by how it came to power in these islands in the first place?  I for one, have had enough, and I have no issue saying so.  When the state Attorney General tells the court, under penalty of perjury that the law that just undid the environmental law was general legislation meant to exempt "any large capacity ferry vessel" and that this special legislation coincidentally had to happen expediently for just one corporation's benefit, but this was absolutely not a law to provide aid one corporation, and thus it's constitutional....and the judge bought it.... we are living in an insane, sick mass conscious society.  This is not a democracy, but thank you Mussolini:  corporate fascism or just as appropriate, a plutocracy (government by and for the wealthy).

What we see in this form of government, like the Roman Empire that collapsed on itself, is due for the same. 

May God bless what follows,

John

Maui version of "Cuz, No Take Superferry" bumper stickers available

From http://www.savekahuluiharbor.com/

Cuz, No Take Superfferry

Get this Maui version of the bumper sticker mailed to you for $2.00
through our supporter, Redwood Games. (avail aprox 11/20)
(If you want to order 25 or more its cheaper to go to www.makestickers.com and use their tool to recreate this - which is fine.)

"Fascism should more appropriately be called corporatism because it is a merger of state and corporate power."
Benito Mussolini

Sad to say on Nov 14, 2007, Judge Cardoza lifted the ban on the Superferry traveling to Maui. Groups may appeal on the grounds that the Superferry Bailout Bill is special interest (duh!) and unconstitutional but for now, we need to plan for the unwanted Superferry arrival at both Kahului and Nawiliwili harbors.

1. Get your Cuz, No Take Superferry bumper sticker (and an Impeach Lingle for good measure).

2. Prepare your signs for greeting the ferry. Let's give them a Moloka'i welcome. We can do this without tangling with the Patriot Act and Lingle's Unified Command. Let's brainstorm ways to get our point across without going to jail for 10 years. In 10 years the Superferry will be bankrupt and only a memory.

3. Let all the visitors know that taking the ferry makes them responsible for killing whales.

The Truck and the Tricycle: Lee Tepley responds to those who point out that small boats hit whales

Next Maui Hearing on lifting the HSF injunction is Wed. 11/14. Go to akaku.org to see live streaming video (and be prepared to fall asleep as HSF and DOT object absolutely every time a witness opens their mouth)

More Lingle corruption and secretiveness. See how she protects her alleged law-breaking chief of staff by withholding emails which could verify his illegal acts. Get your IMPEACH LINGLE bumper sticker for $2.00 (avail 11/20)

Buy Impeach Lingle Bumper Sticker

.

See the video on this page and then go to the blog. Get the local point of view on HSF and the (over)Developers.

Parx News Network on using the nuisance law to stop HSF

Nov 10: KGMB sloppy, inflamatory journalism over nonviolent civil disobedience letter. See correction of their (nonresearched) incorrect statement at right. (Note: since their broadcast, they've given a more balanced statement on their website. Still we wonder why they haven't asked the central question: Why is the State and Federal government using force against its own citizens to protect a law-breaking business? )

New Twist: Counties could prohibit HSF under the public nuisance law.

HSF is talking about doing another $5 rate (most likely because - as was the case before - they have so few real reservations) so that 'Oahu can transport its homeless to Maui and Kaua'i. Thanks a million. BTW, they were fined by the PUC last time they did this (like everything else they've done, their action was illegal in that all rate changes are required to go through the PUC.)

The Court: Our last defense against "corporatism". Read how Judge August stood up to HSF. "I'm not here to make life easier for anybody other than the public using the roadways, " August said. Yaaah! Another judge joins our lonely neighbor isle legislators in standing up for the citizens!

What are Lingle and AG Bennet Hiding? Since when is it OK to hide the papers and discussions that lead up to Lingle's disastrous HSF decision from the Legislature and the people who she serves? Even the Maui News thinks she and Bennet are out of line.

It appears that HSF isn't the only business Lingle has encouraged in lawbreaking. Read 2nd article down: "A former state archaeologist alleges the state agency responsible for protecting cultural and historic resources violated its own rules and procedures to illegally fast-track permits favored by Gov. Linda Lingle, including expanding state harbors for the Superferry, and stall those she opposes."

Why is our Attorney General, the man who is supposed to be enforcing our laws, going to court on the side of a corporation against the interests of the neighbor islands? Is there no end to the corruption of the Lingle Administration?

Excellent article on strategy against HSF

Judge Cardoza may hear HSF request to lift injunction on Wednesday, November 7, 2007 @ 10:30 a.m

Linda Screws the Neighbor Islands. After an exhaustive negotiation with HSF Lehman's right hand man freaking out over every single condition and Maui compromising, Lingle added two little words to every Whale condition :"if feasible" .  This turned the conditions into nothing more than hot air with no way to enforce them. Read these conditions and see how deceptive and calculatedly misleading they are.

Sunday Superferry Justice Action Solidarity with Kaua'i, Big Island and Maui Stand up for the Neighbor Islands! Read a report on how it went.

Message from Jim Albertini and Lanny Sinkin regarding nonviolent civil disobedience.

Read Jeff Sacher's reply to those who say we should be putting our energy to drugs etc.

Neighbor Island testimony is available here. The guy who said he was speaking for AARP in support of the Superferry was lying and has to retract his statement. Just like the woman who said she was speaking for the Maui Chamber of Commerce who had to admit under oath that she was not empowered to speak for the Chamber. Why does the Superferry bring out the worst in their supporters?

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

(If you want to order 25 or more of these it's cheaper go to www.makestickers.com and upload the larger jpg image to them) Or order fewer than 25 below:

Buy Impeach Lingle Bumper Sticker

October 2007 HSF Developments

September 2007 HSF Developments

August 2007 HSF Developments

 

Pier 2c Diagram showing canoe hale

Email SaveKahuluiHarbor.com

HRS 226: Requirement to preserve culture

The Honolulu Papers Report on the Maui Superferry Ruling

Judge lifts injunction on Hawaii Superferry
 •  Special legislation? Judge didn't think so
StoryChat: Comment on this story

By Christie Wilson
Advertiser Neighbor Island Editor


Hawaii news photo - The Honolulu Advertiser

A Maui court has cleared Hawaii Superferry to resume service, but attorney Isaac Hall says foes are "not going to stand by and take this."

JOAQUIN SIOPACK | The Honolulu Advertiser

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WAILUKU, Maui — Hawaii Superferry is expected to announce a relaunch date by week's end, after yesterday's court ruling that cleared the new interisland ferry to sail.

Hawaii Superferry President and CEO John Garibaldi described the lifting of a Maui court injunction that had kept the ship from using Kahului Harbor as "a new beginning for us."

The company will take about two weeks to rehire 250 furloughed workers and gear back up to provide service between Honolulu, Maui and Kaua'i, Garibaldi said. The only other pending requirements are notifying the state Department of Transportation, the Coast Guard and other regulators of the company's plans to resume operations, he said.

The ruling by Maui Circuit Judge Joseph Cardoza wrapped up — for now at least — a 2 1/2-year legal challenge that nearly scuttled the $250 million enterprise and ignited a bitter public debate that exposed deep geographic, racial, cultural and political divisions within the state.

Wailuku attorney Isaac Hall, who represents three groups that pushed for an environmental review before the ferry could operate, called the outcome of yesterday's hearing "a temporary defeat." He indicated he would appeal Cardoza's decision, which validates a new state law allowing the ferry to operate while an environmental review is conducted.

The judge rejected Hall's request to keep the injunction in effect while the appeal is pursued.

"This is far from over," Hall said after the hearing. "This has led to the building of a huge coalition between Hawai'i, Kaua'i and Maui."

He said there will be political consequences for lawmakers "who let us down" by approving legislation that essentially overturned court decisions requiring environmental studies before the ferry could resume service.

"A strong coalition has formed and it's not going to stand by and take this," he said.

Hall also clarified statements he made during court arguments that if the injunction were dissolved, "the only way left to secure justice is in the water." The comment was a reference to events on Kaua'i in which protesters jumped into Nawiliwili Harbor to keep the ferry from docking during the two days in late August it was running.

Hall said he was not attempting to encourage similar protests on Maui, but wanted to emphasize the degree of anger and frustration among some in the community who feel their concerns have been ignored by the state and the Superferry, and have now seen their court victories erased by political maneuvering.

"There are some social impacts to ramming a project down the throats of Hawai'i's people ..." he said. "People on the street are not happy with what is happening with the Hawaii Superferry."

DISTURBED BY REMARKS

State Attorney General Mark Bennett told Cardoza he was "deeply disturbed" by Hall's remarks "threatening this court that the only way to secure justice is to jump in the water. To come before this court and say, 'Judge, you'd better not dissolve the injunction because people are going to get hurt' is an outrage."

Cardoza said Superferry opponents who break the law "run the risk of alienating the community against the importance of protecting the environment" and addressing other issues such as the spread of invasive species and preserving Native Hawaiian resources.

And just as he had done in issuing the injunction Oct. 9, Cardoza acknowledged the underlying issues fueling some of the opposition to the ferry.

"The court recognizes that issues related to cultural values and conflicts between old Hawai'i and the modern world and a changing lifestyle are very serious issues that warrant a painful and open discussion," he said.

He said the conflicts have been "festering for a long time in this community and existed long before the Superferry became an issue."

Gov. Linda Lingle issued a statement saying she was pleased with the ruling and that the judge "recognized that the Legislature and our administration worked cooperatively, within the boundaries of our state constitution, to pass a law that preserves an important interisland transportation alternative for the people of Hawai'i."

"As the interisland ferry service resumes, we will continue to work closely with environmental, cultural and agricultural organizations, the counties, the community and Hawai'i Superferry officials to ensure specific conditions are followed to minimize the impact on Hawai'i's natural and cultural resources," Lingle said.

CHALLENGE FILED IN 2005

The court case was initiated when Hall's clients, the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition, filed a legal challenge to a state Department of Transportation determination in February 2005 that $40 million in ferry-related projects at four ports were exempt from Hawai'i's environmental protection law, known as Chapter 343, and did not require environmental studies.

When Cardoza dismissed their complaint in July 2005, the three groups appealed to the Hawai'i Supreme Court. In a decision released Aug. 23, the higher court said the exemption was improper and that an environmental assessment was required.

A day later, the Superferry announced it would launch Aug. 26, two days ahead of schedule, and offered $5 fares. On Aug. 27, Cardoza issued a temporary restraining order halting further voyages to Maui.

The order was followed by a four-week trial to determine whether the ferry could operate during the environmental assessment process. The judge heard testimony on issues such as the potential for ferry collisions with humpback whales and the spread of invasive species, concerns about ferry passengers bringing their vehicles to Maui and depleting Native Hawaiian subsistence resources, as well as the economic, civil defense and transportation benefits offered by the ferry service.

On Oct. 9, Cardoza ruled that Chapter 343 requires an environmental review before commencement of a project, and he replaced the temporary order with a preliminary and permanent injunction that prevented the ferry from visiting Kahului Harbor pending an assessment.

Lingle and the Legislature moved quickly to convene a special session to pass a bill that would allow the ferry to resume operations during the review. Lingle signed the measure, known as Act 2, on Nov. 2 and attached 42 conditions meant to address some of the environmental concerns related to ferry operations.

LAW CALLED ILLEGAL

During his arguments yesterday and in a court memorandum, Hall said Act 2 is unconstitutional on a variety of levels. He said the governor's proclamation convening the special session was illegal because it interfered with a court order, and that the new law violated the balance of power among the three branches of government.

Hall also said that by passing Act 2, elected leaders violated their public trust duties under the state constitution to protect Hawai'i's fragile environment and the traditional and customary rights of Native Hawaiians.

"Act 2 is correct about one thing and one thing alone, and that is that Hawai'i has a fragile and unique environment ... ," Hall told the court. "Instead of protecting these resources, our attorney general travels over here from O'ahu to argue that they should be destroyed to protect Hawaii Superferry."

He said the Legislature and the governor established the operating conditions without benefit of the four weeks of testimony heard by Cardoza, who determined the high-speed ferry, which transports passengers, vehicles and cargo, is a new mode of transportation in Hawai'i that poses the risk of irreparable harm if allowed to operate before an environmental assessment can determine whether mitigation is needed.

By allowing the governor to determine the 42 conditions attached to the law, Hall said the Legislature also had improperly delegated its legislative powers.

Cardoza disagreed, explaining that in drafting the bill, the Legislature set forth standards and procedures to be followed by the governor. "That type of delegation is permissible," he said.

Reach Christie Wilson at cwilson@honoluluadvertiser.com.


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art
SHERRY SASUGA / SPECIAL TO THE STAR-BULLETIN
Yesterday's ruling seemed to herald a restart for the Superferry. Here, a rainbow frames the ship in Honolulu Harbor.

SUPERFERRY INJUNCTION LIFTED

Ferry to get back in the flow

A Maui judge upholds the Legislature's new statute permitting ferries to operate during environmental studies

» Politicians applaud judge's ruling

STORY SUMMARY »

WAILUKU » "It's a new beginning," says Hawaii Superferry Chief Executive Officer John Garibaldi.

The Superferry could resume operations in a couple of weeks, Garibaldi said yesterday after a Maui judge dissolved his order blocking the high-speed ferry from using Kahului Harbor pending an environmental review.

Garibaldi said his firm has lost about a dozen employees since originally hiring some 300 people in August and that losses during the halt in operation amounted to millions of dollars.

"It's been a very painful process," he said. "It's getting tight financially."

Circuit Judge Joseph Cardoza declined to overturn a new state law enabling large-capacity vessels such as the Hawaii Superferry to skip a previous process of environmental review.

"The obligation of the court is to follow the law enacted by the Legislature," Cardoza said. "This court is not a super-legislature. This court is not a super-executive branch of government."

The Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition challenged the constitutionality of the new law and are now considering appealing Cardoza's latest decision.

The groups contended that the law is unconstitutional because it provides special treatment just for Superferry.

But the state maintained the law would generally cover large-capacity ferry vessels.

The decision spawned positive reaction from the governor and Democratic legislative leaders who noted the ruling endorsed their work in crafting the law. But Kauai Rep. Hermina Morita said the ruling should be appealed.


FULL STORY »

WAILUKU » Maui Circuit Judge Joseph Cardoza lifted an injunction yesterday against the Hawaii Superferry, clearing the way for it to resume operation.

Cardoza declined to overturn recent state legislation authorizing large-capacity ferry vessels such as the Superferry to operate in Hawaii during an environmental study.

Attorney Isaac Hall, representing citizen groups Maui Tomorrow, the Sierra Club and the Kahului Harbor Coalition, said his groups might appeal Cardoza's decision to the Hawaii Supreme Court.

"This is far from over," he said.

Hall argued the new law failed to protect the environment as well as customary and traditional native rights, as guaranteed under the state Constitution. He also argued that the new law is unconstitutional because it provided special legislation designed to help the Superferry.

Hawaii Attorney General Mark Bennett said the new law is constitutional because it is a general law affecting large-capacity ferry vessels.

Bennett said the state Legislature also balanced competing policy interests about the environment and use of resources, and the governor established conditions to protect the environment.

The court hearing was tense at times.

Hall warned that if people did not receive justice in the courtroom, they might seek justice in the water blocking the Superferry.

"This has been done ... so wrong that if this court dissolves this injunction, there will probably be those who feel the only way they can secure justice is in the water," Hall told Cardoza.

Hall, interviewed later, said his comments were not a threat, but a social comment on the dissatisfaction of many people on Maui and the formation of a large coalition among residents on Hawaii, Maui and Kauai because of the Superferry.

Bennett said he felt Hall's comments were inappropriate, and he hopes people will conduct themselves in a law-abiding manner.

The Hawaii Supreme Court ruled on Aug. 23 that the state should be required to prepare an environmental assessment about improvements at Kahului Harbor for the Superferry.

Cardoza, responding to the Supreme Court decision, ruled on Oct. 9 that the Superferry had to prepare an environmental assessment prior to operating at Kahului.

The issue has drawn protests on Kauai, where hundreds of demonstrators blocked the Nawiliwili Harbor entrance with surfboards and vessels, and on Maui.

Environmentalists fear the Superferry will be a new entryway for invasive species, while native Hawaiians in rural areas worry visitors in their vehicles will deplete ocean and mountain resources.

Cardoza let stand yesterday his Oct. 9 decision to allow Maui Tomorrow and other citizen groups to receive attorneys fees from Hawaii Superferry, based on them prevailing in their former injunction.



Politicians applaud judge's ruling


Hawaii's Republican governor and Democratic legislative leaders agreed yesterday that a Maui judge's ruling validates their work in passing a law to keep the Hawaii Superferry operating while an environmental impact statement is pending.

"Judge (Joseph) Cardoza recognized that the Legislature and our administration worked cooperatively, within the boundaries of our state Constitution, to pass a law that preserves an important interisland transportation alternative for the people of Hawaii," Gov. Linda Lingle said.

Senate President Colleen Hanabusa said: "It (the ruling) was what I expected.

"I am glad that the law withstood the constitutional challenges, because the Legislature was careful in how it fashioned this remedy," said Hanabusa (D, Nanakuli-Makua). "The fact that Judge Cardoza agrees validates what the Legislature did."

House Speaker Calvin Say said, "It is great news for the people of the state. We are giving the Superferry the chance to show what it can do. I would ask that all parties try and let the Superferry sail and do its best."

"As the interisland ferry service resumes, we will continue to work closely with environmental, cultural and agricultural organizations, the counties, the community and Hawaii Superferry officials to ensure specific conditions are followed to minimize the impact on Hawaii's natural and cultural resources," Lingle said in a written statement.

Reaction from neighbor island legislators was mixed.

Rep. Hermina Morita, who had voted against the bill allowing the ferry to operate while the assessment is done, said she believes the judge's decision should be appealed.

"I don't think the constitutional issues were adequately addressed," said Morita (D, Hanalei-Kapaa).

Rep. Joe Souki, one of the ferry's strongest supporters in the House, was pleased with the outcome.

"I'm very happy with the judge's decision, and let's get this moving on," said Souki (D, Waihee-Wailuku). "Hopefully, the ferry can commence soon so that the public and the businesses can enjoy the ferry."

He said he expected the decision to be appealed.

"I'm hoping that they won't do it," he said. "If they appeal it and if there's an injunction because of the appeal, that would just kill the whole project."

Members of the Kauai organization suing the Hawaii Superferry for violation of environmental laws vowed yesterday to keep fighting.

David Dinner, president of the Thousand Friends of Kauai and co-chairman of the People for the Preservation of Kauai, said the groups will continue to fight the Superferry in court.

"We fully expect the (Maui suit) to end up in the next court," Dinner added.

Dinner said people who want an EIS before the Superferry travels should not lose hope. "I know that they've tried really, really hard, and they may feel discouraged," he said. "We want to give them hope that it's not over."

Star-Bulletin reporters Richard Borreca, B.J. Reyes and Tom Finnegan contributed to this report.

Makes you wonder....

The Advertiser quotes:
State Attorney General Mark Bennett told Cardoza he was "deeply disturbed" by Hall's remarks "threatening this court that the only way to secure justice is to jump in the water. To come before this court and say, 'Judge, you'd better not dissolve the injunction because people are going to get hurt' is an outrage."

The Start bulletin quotes:
Bennett said he felt Hall's comments were inappropriate, and he hopes people will conduct themselves in a law-abiding manner.

Same courtroom, same day of reporting, two different media write ups, 180 degrees apart.... does this show how people can't really trust what's being said or left out of reporting?  Who edits what out, who inserts what in? And where does the truth lie?

Further:
Hawaii Attorney General Mark Bennett said the new law is constitutional because it is a general law affecting large-capacity ferry vessels.

Everyone in the state of Hawai'i knows including Attorney General Mark Bennett that the Superferry Bailout law was not a general law affecting large-capacity ferry vessels, but specifically for one vessel owned by Hawai'i Superferry.  At least there is something everyone on this blog can clearly see, the attorney general is a liar --the chief legal counsel of the State of Hawai'i is an unabashed liar.  Boy, don't you and I have faith that he and the government are telling the truth on everything else they're doing?

This alone shows why protesters have taken things into their own hands, to be the true upholders of the spirit of the law and land.

John Tyler
www.boycottsuperferry.org


Tuesday, November 13, 2007

Intelligentsia defend Kauai’s IQ


Honolulu Lite
Charles Memminger


Intelligentsia defend Kauai's IQ

I knew one specific line in my Sunday column was going to be a show-stopper: "Granted, if a lot of the (anti-Superferry) protesters go to prison, the overall IQ on Kauai will go up dramatically."

And I haven't been disappointed in the flood of choreographed hate mail I've received from the thin-skinned pseudo-intellectuals and self-appointed protectors of that island's honor, who predictably chose not only to ignore my exceedingly cogent point, but the fact that it was a really funny line.

A typical response came from John Tyler, director of boycottsuperferry.org: "I'd simply like to point out that my IQ was rated at 135 and I have a master's degree and graduated from UCLA. I don't know what your educational background is, but making such a comment as a columnist for your paper does a major disservice."

Another correspondent, Karlos deTreaux, the host of a political radio show, said "Your quote about the average IQ on Kauai going up if protesters were to be arrested was mocking and childish. ... To say that the intelligence level of the protesters is substandard is certainly going to come back to haunt you. I hope to be part of that haunting."

For some reason, many of the writers told me how smart they were, what their IQ was and how many degrees they had. And, in doing so, they inadvertently made my point: Anyone dumb enough to risk going to federal prison for 10 years for protesting a mode of interisland transportation is, well, dumb.

My point was that the sophisticated and "smart" activists, like Jim Albertini and attorney Lanny Sinkin (and presumably Mssrs. Tyler and deTreaux), would not be the ones going to prison. Albertini wrote me himself saying he had no plans to take part in Kauai protests that could result in 10-year prison terms. The point was that only protesters too dumb to understand today's federal mandatory minimum sentencing guidelines and the fact that there is no longer federal parole -- THOSE guys would be going to prison. And, trust me, if the dummies go to prison while Albertini et al. stand on the sidelines, the overall IQ of Kauai WILL go up. Anyone with an IQ of 135 would have to concede that point. (I actually was trying to protect the intellectually challenged from being sacrificed by their IQ-engorged brethren.)

What I find strange, however, is being scolded for expressing my opinion by people who make their living under the First Amendment, people like radio host deTreaux and Honolulu Advertiser correspondent Joan Conrow. Conrow took time from reporting on the Superferry story for the 'Tiser to warn me against making insulting statements that "portray Kauai in a negative light" and "display your ignorance." She adds helpfully, "Next time stick to the superficial stuff you know, like mayonnaise."

Curiously, Conrow -- reporter-turned-self-appointed Kauai image booster -- apparently has taken to giving journalistic tips to the competition.

Monday, November 12, 2007

TGI SF letters today: "Deeper look by the minority"; and "Ferry economics grim"

Deeper look by the minority

This is one of so many letters on the issues raised by Superferry. Interestingly, I'm not going to make it about Superferry itself, but the prevailing theme and characterization of a "pesky vocal minority" and a "do what's best for the majority" mindset.

A Classic American Movie of the 1950s, "Twelve Angry Men," brilliantly displays the importance of a minority viewpoint. Lone Juror No. 8, Henry Fonda, simply does not go along with 11 other jurors who have rushed to judge a defendant, in many ways for personal biases and laziness of looking deeper. The majority 11 want to go home, go to the ball game, etc.In actually looking deeper and taking the time, the opinions are slowly opened and turned in the presence of the openminded, steadfast juror and we find an innocent defendant acquitted. Whereas, the clear majority had once overwhelmingly favored conviction.

The mostly peaceful, yet determined, Superferry protesters are giving the "11 anxious and angry consumers" a true gift for all of us in asking to truly look deeper, to not go along for personal convenience, or be fooled by slick PR and advertising, into the completely new and speedy form of inter-island transportation. Because once the sentence is made it can't be undone ... unless you're Gov. Linda Lingle ... but that's a different letter.

There is significant value in minority viewpoint, if we can only open to see it, and it takes effort sometimes. Laws and courts are actually meant to protect minority views for the greater good of all. Slowing down Superferry to take that true look under its hood is really warranted.

Please thank the "minority view" for that.


John Cragg


Anahola

*****

Ferry economics grim

Will the Superferry survive ?

In a word "No," or maybe better said "should not."

Before I get to that I want to clear up a notion by some that the Superferry is greener than a 717-200 (aircraft). The ASM per gallon of fuel (available seat miles flown per gallon of fuel) on an interisland 717-200 is 30 plus. At least 30 passengers get flown one mile for one gallon of fuel. On the Superferry it's around 15, so only 15 passengers get moved one mile for one gallon of fuel. Don't believe me? Do the math.

Arguably diesel is twice as emission harmful (EPA) as jet fuel so the reality is that the Superferry passenger is being four times more damaging to the atmosphere than the Hawaiian Airlines passenger on any given inter-island trip.

As to why the Superferry will not, or should not survive: Simple, HSF won't make any money. Even HSF's own published estimated load factors (HSF Web site) indicate that even if they carry 400 passengers and 110 vehicles on each trip on the "Alakai," they will be losing over $100,000 per week. Two ferries will give them better economy of scale — maybe. I remember traveling on the Boeing inter-island hydrofoil and there were plenty of empty seats. HSF also has major logistics problems, such as vehicle traffic congestion during on/off loading, etc. Also due to all the controversy surrounding the Alakai they have probably lost some of their estimated load factor.

But here is the rub. Why start an operation when your own estimated revenues indicate you will be operating at a loss? This my friends is a very good question. Perhaps the answer lies with Hornblower Marine. They are the people, after all, who are actually operating the Alakai.


Bob Maccallum


Vancouver, British Columbia

Sunday, November 11, 2007

Impeachment is Alive in Judiciary Committee! We Win It All If You Speak Out Now

Impeachment is Alive in Judiciary Committee!  We Win It All If You Speak Out Now
To: lanny.sinkin@gmail.com


Do you have any idea how desperate the corporate media is to suppress
coverage of the growing impeachment movement?

One of the most riveting events to occur in Congress in recent
history occurred last week, and not one of the major so-called news
channels wanted you to know it had happened. An incredible live
event, and they didn't even cover it. But they will, finally, if only
more of us speak out now.

Cheney Impeachment Action Page: http://www.usalone.com/hres333.php

Facebook Version:
http://apps.facebook.com/fb_voices/action.php?qnum=pnum709

On Nov. 6, 2007, Dennis Kucinich brought a privileged resolution
calling for the impeachment of Vice President Cheney, based on just a
couple of Cheney's constitutional high crimes. And for two hours the
House of Representatives was tied up in knots trying to figure out
how to try to shut him up.

In their contempt for the people, the Republicans committed the
colossal tactical blunder of trying to mock the momentous occasion.
When the Democratic so-called leadership tried to table the Kucinich
resolution, as we expected them to do, the Republican big shots
suddenly directed their underlings to change their votes, to start
voting AGAINST the motion to table, thereby forcing the very vote
Kucinich sought.

The entire House of Representatives was thrown into a turmoil. It was
high drama as the motion to table suddenly was being rejected
numerically, with Republican help. The scheduled 15 minute vote
extended into two hours, with nobody in a leadership position knowing
how to deal with the crisis of one man standing up and speaking the
truth. And did you hear about this incredible drama on your cable TV.
No you did not.

Now the defeatists out there, and we know they are out there, will
try to tell you that because the impeachment resolution was
ultimately sent to the Judiciary Committee that nothing more will
happen. That's like saying because the indictment was given to a
judge and a prosecutor, that will be the end of it. But whatever the
vain intent of certain so-called Congressional leaders, the Judiciary
Committee is exactly where we want the resolution, for that is where
the actual impeachment articles must emerge from.

Look at what's actually happening, and not what the right wing
spinners are trying to tell you is happening. Progressive talk
personalities are calling for action all over the dial. They are
giving out toll free congressional phone numbers and calling on their
listeners to now put real pressure on the Judiciary Committee. This
is happening only because your voices forced the issue in the first
place, by calling those shows and talking about impeachment and the
necessity for it.

Look at what's actually happening. Members of the House are being
forced to justify why they have not yet acted to defend and protect
the Constitution. And their lame and pathetic excuses are exposing
just how poorly represented the people of the United States are. More
people are realizing that their voices do count, and that Congress
has no answer to defend their failure to do their sacred
constitutional duty.

It is only because of the impeachment movement that attention is
being focused on Cheney's insane fixation on bombing Iran and
starting the last World War of them all. It is only your voices that
can stop the secret march to Armageddon, as they make up new lies to
sucker the American people into yet another, and even more
monumental, military debacle.

Yes, the heat is on the Judiciary Committee alright. Their first
bleating reaction was to talk about how busy they were putting
together a contempt citation for Mier and Bolton. This is something
that should have happened instantly 6 months ago when the subpoenas
were first defied, at the direction of the Cheney White House, itself
an impeachable offense. Well, we'll just see if they even do that in
the next two weeks.

Yes, the heat is on the Judiciary Committee, as more and more people
all over the country raise their voices, some for the perhaps the
first time. Join those voices now. Use the either of the action pages
below to send your personal message to the Judiciary Committee, Nancy
Pelosi and your own member of the House as well. Tell them we will
not shut up. Tell them we will not go away. Tell them they work for
us and not the other way around.

Cheney Impeachment Action Page: http://www.usalone.com/hres333.php

Facebook Version:
http://apps.facebook.com/fb_voices/action.php?qnum=pnum709

What is actually happening is they have stupidly and arrogantly given
the people hope. And hope is the most powerful enemy the corrupters
of our democracy have. The only thing they have going for them is
fear, and its two evil twins, defeatism and inaction. The rule only
by fear . . . flooding our TVs with propaganda and smug indifference
to the will of the people, masquerading as the news.

Tell them you are not afraid. Tell them you will no longer be ruled
by fear. Speak out now to force the hand of the Judiciary Committee,
and necessary truth of how our country has been systematically
betrayed by imperial subversives in the White House for the last 7
years will be heard and confronted, at last.

Please take action NOW, so we can win all victories that are supposed
to be ours, and forward this alert as widely as possible.

If you would like to get alerts like these, you can do so at
http://www.usalone.com/in.htm

Or if you want to cease receiving our messages, just use the function
at http://www.usalone.com/out.htm

usalone133b:62075

Powered by The People's Email Network Copyright 2007, Patent pending,
All rights reserved



--
Lanny Sinkin
P. O. Box 944
Hilo, Hawai'i 96721
(808) 936-4428
lanny.sinkin@gmail.com

Attorney at Law (Federal Practice)

Ali'i Mana'o Nui (Chief Advocate and Spiritual Advisor) by appointment of
Ali'i Nui Mo'i (King) Edmund Keli'i Silva, Jr.

Waging war on the coqui

Waging war on the coqui


Lawa'i frogs are nearly eradicated

by Nathan Eagle - THE GARDEN ISLAND


LAWA'I — A multi-pronged effort continues to produce a downward trend in the level of calls heard at a Lawa'i coqui frog infestation.

If ongoing lime, citric acid and herbicide applications remain effective, the noisy dime-sized species may soon be eradicated from the site, the Kauai Invasive Species Committee reported to County Council Wednesday at the Historic County Building.

The county has authorized $329,000 to fund the effort, of which half has been spent since January, KISC Project Manager Keren Gundersen said.

The state has allotted an additional $100,000 for the project, but the funds have not been released to the committee yet, she added. Those funds, she said she anticipates, will cover future prevention and outreach efforts post-eradication.

Beth Tokioka, who heads the county Office of Economic Development, said her office oversees the Lawa'i site but the effort includes cooperation with community members and state and federal agencies.

Four digital devices were set up at various infestation zones within the site to record two-minute segments of coqui frogs chirping a few nights per week, KISC Data Analyst Jeff Schlueter said.

The frogs, a pest to most residents and now a major issue on the Big Island, produce a high second note at a distinct frequency that the committee was able to isolate.

Data collected from April to October shows significantly fewer calling frogs were recorded in direct correlation to the eradication techniques that have been implemented, Schlueter said.

Only several calls per week are now heard compared to hundreds six months ago, he added.

Although the current electronic monitoring does not enable the committee to derive the actual number of frogs at the site, Schlueter said it is safe to assume fewer calls equate to fewer frogs.

Only the males make the sound, Gundersen added.

A KISC booth at the Kaua'i County Farm Bureau Fair in August drew an estimated 800 people, she said, and 99 percent supported eradicating coqui frogs on Kaua'i.

She stressed that after eradication comes prevention.

A proactive approach, such as mandating hot water treatments for plants to be sold, will make a big difference in the spread of coqui frog eggs and other invasive species, she said, including fire ants.

Councilwoman JoAnn Yukimura said it is "such a relief" to be moving steadily toward eradication. She noted a coqui frog infestation's potential to reduce real estate and resort property values.

Council Chair Bill "Kaipo" Asing commended the committee's work, calling it an "outstanding" job.

The Coqui Frog Working Group — consisting of members from KISC, OED, Garden Island Resource Conservation and Development, state Agriculture Department, Kukui'ula Development, A&B Properties, Health Department, U.S. Department of Agriculture, College of Tropical Agriculture and Human Resources, Department of Land and Natural Resources and residents neighboring the infestation site — has worked together for years to collaborate on an eradication project and was given the extra boost it needed to accomplish these goals with the additional county funding, a KISC news release states.

The members of the Coqui Frog Crew, temporarily hired with the county funds, are "the heroes" of this project, Gundersen said.

Led by Joseph Aguon-Kona, the crew worked 10-hour days for four days a week to not only get the pest under control, but to meet the highest of expectations for the project. Joining Aguon-Kona on the crew are Duane Patricio, Cherlyann Lemalu, Kevin Sasaki, Robert Diaz, Bradley Morita, Lisa St. Amant, and Cyrus Correia, the release says.

For more information, visit www.hear.org/kisc. To report a possible coqui frog, call 634-PEST.

• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com.

Saturday, November 10, 2007

Drugs in paradise

From the Kaua'i Garden Island Newspaper Opinion section today, 11/9/07

Drugs in paradise


I am involved with drug prevention at a half dozen law enforcement agencies. Based on my experience, we are about to open the floodgates to drug traffickers via the superferry. While it's difficult to transport drugs on the airplanes, the Superferry will provide an unfettered conduit for transportation of major quantities of drugs both to and from Kaua'i. While there has never been a confirmed meth lab on Kaua'i, there are dozens on neighboring islands. Wake up, Kaua'i!

Having recognized this two years ago, we had a conference call on the matter. In attendance was a Superferry executive, a KPD officer, a county council member, and a representative from DOT. I stated my concerns:

1) Kaua'i is in deep trouble regarding drug use and distribution.

2) KPD has neither the resources or training to combat the increased trafficking from the new Superferry.

3) Wanting to be part of the solution, I offered two trained drug search dogs, and full-time training for two officers — a $60,000 cost. In my estimation, it would take four full-time officers to inspect the cars en route, so this was a matching offer. They cannot be visually inspected for hidden drugs, but dogs can do the trick.

We were thanked politely for our offer, and never heard a word again from the Superferry executives.

Fastforward two years:

a) Kauai has had the largest marijuana farm drug bust in the state history, over 6,000 plants

b) 4,000 grams of meth have been confiscated

c) 6,000 grams of cocaine have been confiscated

d ) KPD is still understaffed by 20 officers, and has no drug dogs

And no action plan by the Superferry to stop the imminent flow of deadly drugs to Kaua'i. An inconvenient truth, conveniently forgotten.

Let me put these drug amounts into context. Assuming only 10 percent of drugs are confiscated, then the Kaua'i usage has been 100,000 grams, or 2 million lines of meth/coke. If a user averaged 2 lines/day for the past two years, that means we may have 1,250 users on Kaua'i — 2 percent of the resident population. This is a major problem.

AGAIN, wanting to be part of the solution, I will donate FOUR drug dogs and training for FOUR officers to inspect cars while being transported on the Superferry. We will bear the current cost of $125,000, IF the program is in place BEFORE the Superferry starts up again. No more excuses. I challenge the Superferry to institute an effective drug policy for the sake of all the children of Kaua'i, before the Superferry becomes the SUPER-DRUG-CONDUIT. The Superferry injunction should NOT be removed UNTIL there is an effective drug policy in place.

Mr. Garibaldi, as an Admiral in the US Navy, you swore to protect the citizens of the finest country in the world. Now as a civilian, you still have that responsibility, as do we all. We can not trade a boat for lives. Please don't tell me how much this will cost per week — the investment funding is in place, OUR tax dollars have paid/guaranteed $200 million of this project, and you were warned of this problem two years ago. I am not making a statement for or against the superferry. However, I AM staunchly antidrug, pro-children, and pro-Kaua'i.

Your Honourable Judge Joseph Cardoza: I humbly implore you to put the safety of the citizens of Hawai'i above the financial interests of a business enterprise — an enterprise subsidized by our very own state and federal tax dollars.


Larry Bowman


Kealia

"All in Favor? Say, Aye! Right Now! Or Else!

"All in Favor? Say, Aye! Right Now! Or Else!
A Criticism

Written By Hale Mawae(http://bebo.com/hmawae2004)

"The point is, to the judge, your injunction was
placed because you believe that the law said this,"
Lingle takes a sip from her glass bowl salt rimmed
margarita with a dash of corruption, a hint of
villainy, and then continues.

"Now the law has been changed, and on the basis of
this law… we will ask him(Judge Cardoza) to lift the
injunction."

Oh yeah, well my dad can beat up your dad!
Nah-nah-neeeee-boo-boo! The sentiment in her tone has
an overwhelming similarity as her Governess Linda
Lingle pushes on with her corporate/military backed
agenda for the Superferry and her regime to continue
to conquer the law.

The island's surface continues to crumble beneath
corporate/real estate "FOR SALE" signs to be sold to
the highest millionaire bidder and a place for their
flat-screen TV's broadcasting gas-masked marauders in
a scene of violence and oppression far, far away on
the news.

AEGIS scud missiles are launched in the name of
FREEDOM from top-secret silos at giant battleships
just off the coast of Kaua'i at Pacific Missile Range
Facility. Scattering black dust clouds and remnants
of nuclear capable military weapons into the depths of
the Pacific Ocean.

AEGIS, the great shield of Zeus helping to protect the
U.S. Government in the name of freedom. The name of a
shield once shaken by Zeus from the height's of Mount
Olympus to send thundering black clouds to fill the
sky and strike men down with fear and godly torment.

Fear projected by perfect Dolby-Digital surround sound
bellowing out cries of protest and screaming voices
echoing into the distance. All this overlaid with the
voice of the multi-ethnic broadcaster trying to
explain the chaos we are all witnessing in the small
corner of the screen.

An explanatory voice that only toys with concern as
the words seem to roll off the teleprompter, into her
brain, and out to the world in a cold metal voice that
only seems to digest it with mild to complacent
concern. This report followed with a simple beautiful
smile as she roves on with the rest of the world's
current events.

MUTE.

The great marauders push forward through a cloud of
smoke and billowing flames; through a crowd that
strangely resembles a scene we've all bore witness to
before.

A clear picture of the continuing loss of loved ones
to war, the destruction of the places they dwell, and
the stories of the lives of a people that once were,
and now may never be.

The weather forecast rolls across the screen for the
day after tomorrow. "Clear skies with a slight chance
of rain."

The draught continues, but a glimmer of hope.

Lingle rises in the distance in her purple crushed
velvet suit, and short bob haircut curled to
perfection. Enough lipstick graces the slit upon her
face to prove to her self that she has a touch of
elegance, poise, and taste.

Just enough to prove to others there is some
femininity lingering behind her over-masculine
approach at politics and ill reproach she shows to
those who oppose her conquering regime of corporate
elitists, real estate agent turned politicians, and
banking investment manager's with dollar sign's
gleaming in their blank check eyes.

Cha-ching! Cha-ching! CHA CHING!!!

An empire built up around the construction of
four-lane highways across sacred sites and endangered
Native Hawaiian habitats already struggling for
survival.

A gross manipulation of local Hawaiian's against
local non-Hawaiian's against Haole's to ultimately
submit to a life of consumerism to make way for high
end retail restaurants, uneconomic high rise
timeshares, and countless wasteful affordable housing
projects that most locals will never be able to afford
at half a million starting prices.

It's a system designed to keep local's in place. A
system to keep them in check for the continuation and
degradation of the struggling middle class so they can
serve coffee and beverages, fold their clean pressed
towels and bed sheets, and provide clean comfort and
warm hospitality at little to no cost to the scrooging
businessmen already holding all the cards.

A place where county council members, senators, and
house representative's sit who approve by a majority
to repeatedly misuse land and lack any promise of
vision in the use of these free and open spaces.

The meandering politician's passing off their
leadership duties to a planning commission already
convinced that million dollar homes and gated
communities with well-groomed, landscaped entrances,
and good security with CCTV on all corner's, stuffed
in every streetlamp, bush, and manmade rock; is key to
healthy living and the illusion of safety in their
quest to greedily occupy and devour more land.

Big Brother is watching!

A land, where the planning commission spends more time
rolling their eyes at deeply concerned citizens,
impatiently waiting for them to finish their heartfelt
testimony, before finally hurrying the meeting to a
close to pass on development projects behind closed
doors.

"All in favor? Say, aye. Right now! Or Else!" He
waits, they respond, the meeting is adjourned.

"Fuuuuuuuuuu!" Wipes sweat from his brow. "I'm glad
that's over!"

"It's just no fun to hear to people complain like
that. Because after all it does offer the possibility
of jobs. Not to mention great opportunities on sites
where locals have no choice but to work twelve to
fourteen hour days; five to six days a week without
overtime or reasonable benefits."

A politician's answer to a few problems to make the
rest of the world a better place and those
complaining disappear.

"All in favor? Say, aye?" He raises his eyebrows with
a glare of his eye, greedy smile, and hands shoot up
in favor all around the table.

I mean, after all, it's just people slaving themselves
to a system to make sure they put ridiculously
overpriced food on the table for a family already on
the verge of selling everything and taking the next
flight out with their minor belongings to start a new
life in some other land.

Let the people go!

They aren't mine anyway!

What do we care?

Let them find some magical place that sits on the edge
of reality and fantasy.

A dream.

A place that only exists in the boundless realms of
the mind that wanders past the noise of soon to be
rusted out, fifty thousand dollar vehicles dropping on
to our shores and the rattling chain of suburban and
corporate development.

A place with pre-sold timeshare's and vacation rental
packages that only exist in architectural artist
rendering's and beautifully designed signs reading
"Aloooooooooha! Welcome to Paradise. A place that
doesn't even exist anymore. E komo mai!"

A place behind black dust mats violently being tossed
in the wind.

Soon to be ridiculously condominiums with 3 Jacuzzi
style bath tubs in every unit that waste hundreds of
gallons of already vanishing water, and a shower the
size of a walk in closet with 5 full power
shower-heads on the walls.

A place that will put the Hawaiian's and locals who
just can't cut it where they belong!

Far, far away from home.

Displaced from their home by the absence of digits in
one's personal credit line, and their inability to
ambitiously want to wipe other people's asses in the
hopes of getting a paycheck for something that reeks
as bad as it did when they started the job.

Forced to move to a suburb in Arizona, Texas,
California, Alabama, and New Mexico. Where Mexicans
and people of similar skin tone are chased down and
antagonized by police and looked at threateningly by
border patrol.

Forced with trying to remember what it was like to be
and live in Hawai'i. Forced to embrace an American
culture, an American life, as the rest of the world
they left behind is forgotten and brainwashed out of
their very existence.

The last pieces of their culture, their island life,
and their heritage becoming a broken fragment of their
memory.

A mirage.

Instead of making attempts to listen to the few
liberal radicals, who only begin to tempt the wrath of
the oppressor, fight against her blatant corruption,
and her incapacity to listen to the truth with her
legion of suit and ties protecting her at her side.

What's the truth, the whole truth, and nothing but the
truth?

Lingle's personal investment's are rising to an all
time high as the state's monetary economic growth
feeds her investments and obvious ties to a system
feeding into her and her associates bank accounts.

Linda Lingle's smiling face carefully cropped to show
her strong shoulder line, as her catchy name rises
above a setting sun and silhouetted coconut tree, on a
business card remarkably designed for success.

A steady yet well placed title reveling her in all her
greatness and glory.

Her steady voice speaks out crafted by years of
education, blind ambition, and a dedication to her
perfect cause make you want to believe in her and
suspend your belief in the tragic flaws she possesses
as a leader.

"The point is, to the judge, your injunction was
placed because you believe that the law said this,"
Lingle said. "Now the law has been changed, and on
the basis of this law… we will ask him(Judge Cardoza)
to lift the injunction."

The bold yellow print reads "POLICE" as they push
through a crowd of protester's screaming "This is what
DEMOCRACY LOOKS LIKE!!! THIS is WHAT democracy looks
like!!!"

This is what democracy looks like.

It looks like the streets filled with cars all driving
to a destination consumed by greed, lust, and
misunderstanding.

It looks like the littered beaches of visitor's
rubbish with the thrusting of Lingle's mighty arm into
the depths of the law as she twists and manipulates it
with her mighty corruption, being blindly backed by
those who fear her tyranny and oppression. It looks
like the consummation of those who oppose her with the
onslaught of her struggle with the people who fight
against what she's trying to uphold and keep alive.

Her living vision and quest to continue to conquer
with a tyrannical reign already crumbling in around
her is almost over.

It's mistake after mistake after mistake, Lingle, and
people are beginning to wonder when the next big wig
is going to take a step in and do some head chopping.


"All in favor? Say, aye?"


~*~*~*~*~*~*~*~*~*~*~*~*~*~

Written By Hale Mawae(http://bebo.com/hmawae2004 )

For more information on Hale Mawae or his blogs please
visit his site, view more, and leave comments or
questions."

Friday, November 9, 2007

Kaua'i County Council can stop Superferry with “political will” and public nuisance law

Sent: Friday, November 09, 2007 3:00 PM
Subject: (PNN) Council can stop Superferry with "political will" and public nuisance law

 
 
 
Council can stop Superferry with "political will" and public nuisance law
 
by Andy Parx
 
(PNN) -- Lihu`e -- No matter what happens in court regarding the  Hawai`i Superferry (HSF ), county councils across the state can stop it under a state law that preempts any other according to "1000 Friends" Attorney Daniel Hempey.
 
HRS § 46-17 says the Kaua`i County Council can pass an ordinance "regulating or prohibiting noise, smoke, dust, vibration, or odors which constitute a public nuisance."
 
"The statute says County nuisance law trumps State law if the County law offers greater protection to the public" Hempey said. "Dumping several hundred cars, trucks and busses onto Kauai every day would tend to produce a lot of new noise, dust,  smoke, vibration and odor.
 
According to HSF a maximum of 560 cars will congregate in Nawiliwili, near Lihu`e  each day at evening rush hour.
 
"If that doesn't constitute a public nuisance, what does" said HSF opponent, Fred Dente "What's the council waiting for".
 
In the case of the Kaua`i county council that remains a mystery. After three days no all councilmember have failed to responded to a requests for comment.
 
Kaua`i State Senator Gary Hooser, who has fought to prevent the HSf from operating until an "EIS" is done, says there's lots of ways the council could engage the issue if there's a political will to do so . The public nuisance law is just one of them."
 
Hempey agrees saying "This may be an area where new County  legislation on the issue could effectively block the  Superferry's exemption from environmental law - by limiting the number of  registered vehicles transported to Kauai on any given day."
 
HRS § 46-17  "Regulation of certain public nuisances" says "(n)o such ordinance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that in any case of conflict between a statute or rule and an ordinance, the law affording the most protection to the public shall apply,
 
Whether the council has a member with the political will to establish home rule remains to be seen. Many see the pressure being on Councilperson and former mayor JoAnn Yukimura who has testified numerous time against the HSf running without an EIS, even traveling to Honolulu to personally testify at the recent Act 2 hearings.
 
The other possibility may be rookie Councilperson Tim Bynum who has been somewhat outspoken on the issue and is thought by many political insiders to have his eye on the Mayor's office in three years.
 
Hempey indicated that it may not be that hard to find at least four if not seven votes.
 
"This type of ordinance would be consistent with the prior vote of the  Council, that asked for an EA before the Superferry operates.  It  would also send a message to those on Oahu who simply ignored the  Kauai Council's earlier unanimous vote" in a 2005 Resolution supporting an EIS before the HSF pulls into the port of Kauai.
 
The council's next full meeting isn't scheduled until Nov 21 and it normally takes about a month minimum to pass an ordinance. But the council does have emergency powers that provide for a much shorter term- a matter of days- to pass an ordinance making it effective while the bill goes through it's normal process.
 
In a separate case from the injunction forbidding HSf operations currently before Maui Judge Joseph Cordoza  and the precipitating Supreme Court ruling, another Maui Circuit Judge, Joel August,  ruled on Aug. 23 that the HSf must move cars out at a rate of only two per minute at Kahului Harbor and put in place many other site specific traffic restrictions that remain in place today.  Although Act 2 requires a traffic study for Nawiliwili, that will not be required to be completed or even initiated any time soon .
 
How an increase in the time cars sit idling awaiting egress might increase any nuisance is another issue the county councils may consider.
 
The Kaua`i County Council can be reached by emailing them at cokcouncil@kauai.gov , or calling 241-6371
 
 
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c 2007 Parx News Net (PNN), Andy Parx.