Hawaii Superferry does not plan to resume ferry service to Kaua'i over the next few days but was pleased that a Kaua'i judge denied a request by environmentalists to temporarily keep the Alakai out of Nawiliwili Harbor.

The court's decision yesterday was the first legal victory for the Superferry since the state Supreme Court ruled last month that an environmental assessment is required for ferry-related state harbor improvements.

Some on Kaua'i, however, threatened new protests when the Alakai does return.

"There will be resistance on this side of the channel," said Jimmy Trujillo of Hui-R, a government watchdog group. "We hope O'ahu residents don't take it personal."

Kaua'i Circuit Court Judge Randal Valenciano denied a temporary restraining order yesterday afternoon but did not explain his reasons. The judge set a Sept. 17 hearing date on an injunction that would bar ferry service at Nawiliwili Harbor until the state finishes the environmental assessment, which would take months to complete.

A Maui Circuit Court judge, who has issued a temporary restraining order against the Superferry at Kahului Harbor, is expected to hear arguments for an injunction on Monday.

"We are pleased with the decision by Judge Valenciano," Superferry said in a statement yesterday. "Hawaii Superferry is grateful for the support and excitement shown by the residents of Hawai'i. We look forward to resuming service and providing the people of Hawai'i with a safe and reliable interisland ferry system.

"A date for the resumption of service to and from Kaua'i has not yet been set."

John Garibaldi, Superferry's chief executive officer, said on Thursday the company would meet with the Coast Guard, Kaua'i County officials and the community before deciding when to resume service. "It's not a unilateral decision," he said.

Superferry would likely have to announce and promote a return to Kaua'i with enough time to attract passengers. The debut voyage to Kaua'i last month was delayed by protesters, and a second trip was abandoned after protesters went into the water and blocked the ferry from the harbor.

State Senate Majority Leader Gary Hooser, D-7th (Kaua'i, Ni'ihau), asked Superferry in a letter to voluntarily keep its ferry service to Kaua'i suspended. He said he understood and respected the right of companies to operate lawfully in the Islands.

"However, I am extremely concerned that the present legal ambiguities that need to be clarified combined with a dramatically increased show of police and military power by law enforcement — may result in a situation that will be extremely harmful to Kaua'i citizens, my community and the state as a whole," Hooser wrote.

The Coast Guard has created a federal security zone to protect the Alakai at Nawiliwili Harbor and designated a protest area off Kalapaki Beach. A separate security zone extends 100 yards around the ferry. The Coast Guard has warned protesters of arrest and fines if they violate the security zones.

Hooser, in an interview, cautioned protesters on Kaua'i not to break the law. "The safety of people is the number one concern I have," he said.

But Trujillo, of Hui-R, said he does not believe protesters will limit their actions to the Coast Guard's designated protest area.

"Nobody wants to get back in the water and risk arrest and risk injury," Trujillo said, but many of those who participated in the protests believe that is their only option "if the Hawaii Superferry decides to force its way back to Kaua'i."

Keone Kealoha, director of Malama Kaua'i, said he also thinks protests will greet the ferry if it returns in the next two weeks. "But I hope they are peaceful protests," he said.

Many on Kaua'i have come to see the Superferry as representing a coalition of business and government interests that disregard the views of their community and promote projects that threaten the island's rural character.

"At the core of it is the people's opinions and concerns (that) are being pushed to the side and steamrolled by big business and government that is putting them and the 'aina aside," Kealoha said.

Kaua'i residents rallied against the Superferry, Kealoha said, because "it puts the profits of a single company ahead of respect for the 'aina and the people here."

Trujillo said the Superferry protests were a "significant show of resistance to that influence. It was a significant showing that government needs to be held accountable."

Kaua'i activists — including Rich Hoeppner, who, with 1000 Friends of Kaua'i, is challenging Superferry in court — plan a Monday morning news conference at the state Capitol to bring their message to O'ahu.

Earlier yesterday, the state Department of Transportation, the Coast Guard and the Sierra Club called a news conference at the Honolulu federal building to remind any potential protesters that a one-time voyage today by Superferry between Honolulu and Maui has been approved by Maui Circuit Court.

The voyage will allow Superferry customers to pick up vehicles that were stranded in Honolulu and Maui after Superferry trips were canceled last week. The Coast Guard and the state will provide escorts for the Alakai. Coast Guard Rear Adm. Sally Brice-O'Hara said authorities have tried to ensure that the voyage will have no significant impact to recreational users at Kahului Harbor.

Authorities have heard that protests on Maui are possible.

Jeff Mikulina, the director of the Sierra Club's Hawai'i chapter, said the club is asking protesters not to interfere with the voyage.

"We would expect any protesters to be abiding by our laws, just as we are asking Superferry to abide by our laws," he said.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.