The Hawaii Superferry will resume service after a state judge on Kauai rejected on Friday a temporary restraining order against it, which should have prevented the enormous boat to dock in the Nawiliwili port.
The group “1000 Friends of Kauai” had asked Circuit Judge Randal Valenciano earlier this week to block the Superferry from docking at Nawiliwili for at least 10 days as the court considers its motion for a preliminary injunction that would indefinitely halt the ship’s Kauai service. The organization wants the Kauai service suspended until the state Department of Transportation has completed an environmental assessment, which was ordered by the Hawaii Supreme Court on Aug. 23. According to state officials, the environmental assessment could take up eight months.
On September 7, Valenciano denied “1000 Friends of Kauai” ’s request to obtain a TRO (temporary restraining order) against the Hawaii Superferry, but has established a hearing for September 17, during which the TRO might be granted.
After Thursday's hearing on the TRO request, Superferry Chief Executive John Garibaldi said, "We look forward to resuming service and providing the people of Hawaii with a safe and reliable interisland ferry system."
The Hawaii Superferry called off voyages to Kauai after protesters aboard surfboards, canoes and kayaks stopped it from docking Aug. 27, despite the efforts of the Coast Guard. That left a lot of people stranded on the islands Oahu and Maui.
Carl Berg of 1000 Friends of Kauai said he was disappointed with the judge's ruling.
"I have great fears that Mr. Garibaldi will go forth and illegally bring Hawaii Superferry to Kauai," Mr. Berg said.
"I think there will be massive protests if Mr. Garibaldi decides to bring the boat to Kaua before a decision is made on the 17th," Berg said. "I think the protests will be loud and large."
To prevent anything bad from happening, the U.S. Coast Guard has plans to create a protected area for protesters.
"The Coast Guard, local, state and other federal authorities share a common goal of ensuring the safety and security of our ports, the vessels that call and all the people who use them," said Capt. Vince Atkins, commander of Coast Guard Sector Honolulu.
"We support the rights of citizens to conduct safe, peaceful and legal protests, and the Coast Guard is working with our partners throughout Hawaii to address security issues related to the Superferry's next voyage," Atkins added.
Berg agreed with the civilized way of protesting indicated by Atkins: "1000 Friends of Kauai does not approve or condone illegal actions and is not organizing such actions. We prefer to work through environmental law."
The Coast Guard has established the area for protesters between Kalapaki Beach and Kukii Point, which provides a safe place for them to express their disagreement, while at the same time allowing the Hawaii Superferry to use the Nawiliwili port. Moreover, the CG designated an area of Nawiliwili Harbor to be an off-limits security zone that is to be maintained despite the fact that, according to Niumalu Canoe Club member Keala Wann, many canoe clubs use the harbor for practice in the evening.
