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The Honolulu Advertiser
Posted on: Wednesday, October 10, 2007

'We're one state, but we are a state divided'

 •  Special session Hawaii Superferry's only hope

By Dan Nakaso
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Maui Circuit Judge Joseph Cardoza ruled yesterday that the Hawaii Superferry cannot run until an environmental assessment is done.

MATTHEW THAYER | The Maui News via Associated Press

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A Maui judge called on all sides of the Superferry debate to come together, but initial reaction indicated the people of Hawai'i were still polarized.

"It just shows how deeply divided the Islands are," said Kris Jenkins, a clinical social worker from Punahou who rode the Superferry to Maui and lamented yesterday's decision. "We're one state, but we are a state divided."

Judge Joseph Cardoza's ruling prompted many Superferry supporters yesterday to blame environmental activists for perpetuating Hawai'i's reputation as a place unfriendly to business.

But several Superferry critics responded that the court had to step in because the state Department of Transportation improperly waived a requirement for an environmental assessment.

In a preamble to his ruling, Cardoza acknowledged the chasm over the Superferry.

"I hope today will serve as a moment of reflection for all of us and recognition of the need for having this community work together," he said. "We can have different views, but we do not need to have a divided community just because we have different views. If we remain divided as a community, these problems will not go away."

But those on each side seemed no closer to reconciliation, and each was still wary of the other's motives.

"I'm very, very unhappy that the court continues to side with left-wing surf nuts," said Harry Ellis, a retired Air Force major from Foster Village who used to work on Air Force anti-terrorism disaster preparedness. "I think it's a crying shame. I think it's a travesty. It's just indicative of the stupidity of the way we do business in the state of Hawai'i."

SUPPORT FOR RULING

Andrea Noelani Brower jumped into the water at Nawiliwili Harbor with other protesters in August, helping to prompt the Superferry to suspend its trips to Kaua'i.

Brower said yesterday that the Legislature would be wrong to convene a special session to consider what to do next with the Superferry.

"The process should have a chance to go through," Brower said. "In this case, the law is very clear and certain government officials, and representatives trying to go around the law or change it in the interest of a private corporation is just wrong."

Keone Kealoha, director of the nonprofit sustainability organization Malama Kaua'i, said, "I'm glad that they upheld the law as written. That's the duty of the judiciary and he (Cardoza) did his job very well today. I would hope that the administration and our legislators respect the judiciary branch and don't try to circumvent those decisions."

Lori Stitt, treasurer of the Surfrider Foundation's Kaua'i chapter, said a special legislative session is "inevitable."

"I don't believe the Superferry officials and our state government will back down," she said.

John A. Burns of 'Aiea, who is no relation to the late Hawai'i governor, acknowledged that government officials made the Superferry believe that it was alright to begin operations without an environmental assessment.

'A SHAME'

But Cardoza's ruling now sends a bigger message to business interests, Burns said.

"It makes me wonder about other prospects for businesses on the Mainland that might want to come here," Burns said. "They might think twice if (government officials) say it's OK to come here. 'But if we invest a lot, are we going to lose it all?' "

Like other Superferry passengers and supporters, Dr. Hugh Hazenfield, an ear, nose and throat specialist from Mokule'ia, called the ruling "a shame."

He and his wife took the first Superferry ride from Honolulu to Maui in August and called it "an extremely gentle way to travel, much more spectacular than flying and without the hassles of airport security."

Following Cardoza's ruling, Hazenfield now feels "embarrassed for Hawai'i."

"The environmentalists found a cause and just wouldn't let it go," he said. "I don't view this as anti-big business. It's the tree huggers versus most of the state. And we don't want the environmentalists telling us what we can and cannot do."

Big Island attorney Lanny Sinkin last week lost a federal court challenge to the Coast Guard's Kaua'i security zone around the Superferry and considered yesterday's ruling a victory.

"It was obviously the correct decision on the law," Sinkin said. "The law has been clear from the beginning. Unfortunately, we had public officials making up law and telling people that things could happen that were illegal."

Reach Dan Nakaso at dnakaso@honoluluadvertiser.com.