First Impressions of Lingle

I’ve been avoiding a day-by-day, injunction-by-injunction commentary about the superferry, but on Thursday evening, I attended another protest against the ferry and then a “town hall” meeting with state governor Linda Lingle.

I had several reservations about this meeting. First, the meeting announcement in the newspapers revealed that it was really all about the “unified command” (of Coast Guard, port personnel, attourney general, county mayor) coming to explain how the security zone would be enforced in the harbor and what charges arrested people would face—a scare tactic of sorts. This was very discouraging to Kauaians who thought the governor would actually listen to people’s concerns.

Secondly, I read in the newspaper shortly before the meeting that it was going to be filmed for a live webcast. I have never heard of county or state meetings being rebroadcast live on the web, usually they are available on public access channels several days later. My feeling from this was that the governor wanted to let Kauaians know that others were watching them, as a way to keep people in line or shame them.

The day before the meeting, word was getting around that there would be a gathering of ferry opponents at the Kauai County Building in Lihue, just up the street from the convention hall where the governor would be speaking. Given such short notice, we weren’t sure what to expect, but several hundred people showed up. It was mostly a way for the informal leaders of the ferry opposition groups to encourage protestors to be strong yet respectful at the governor’s meeting.


It started with several blessings and prayers in Hawaiian, led by Hawaiian kupuna (elders), as seen in the photo above. JoAnn Yukimura, a former mayor and current council-member, has emerged as the spokesperson for the movement, and she seemed to be coordinating the event. The speakers were obviously chosen to represent the broad spectrum of ferry opponents, including 1000 Friends of Kauai led by a malihini (recent transplant from the mainland), local high-school students, and native Hawaiians. There were t-shirts for sale—literally hot off the presses—with a nice new purple and green map of Kauai saying “EIS First.”

So with our new t-shirts, we all marched down to the convention hall and milled around waiting for the meeting to start. Sitting outside, I noticed these body-boards which I think were the ones being held up by surfers in Nawiliwili harbor on August 27th, the day the ferry itself was being held up. I wonder if they will someday be historic artefacts:


Security guards were allowing people to take signs, but not sticks, into the convention hall, so many signs had to be dismantled, and I had to put mine back in my car. By the time I got back, the hall was full and security wasn’t allowing anyone to enter—again a sensible security issue, though frustrating. Eventually, empty seats were filled and the rest of the crowd was allowed in, filling the standing room at the back.

None of my photos inside were very good, it was mostly dark with some bright lights, so my pictures were either dark, over-exposed, blurry, or all of the above. This one the shows how big the crowd was—and the empty seats were those of people standing in line at the microphones to give public testimony:


Governor Lingle introduced the panel of speakers, and had them begin their speeches. This is the first time I’ve seen the governor in person, and this is the best picture I took of her (my enlargement in the upper-left corner).


There was much booing and interruption, and perhaps this encouraged the panelists to shorten what they had to say. That was no loss because I had read the same information in the newspapers already. Whenever a panelist mentioned the future return of the ferry to Kauai, there was a long and loud booing. Much to her credit, the governor then opened the floor to the public speakers, and really seemed to listen to what people had to say. Led by another speech by Yukimura (now on YouTube, along with rest of the meeting), most of the speakers were voicing their opinion of the ferry and potential harm it might do.

When there was a question, Lingle provided an answer or asked a panelist to answer. The answers were inevitably dissapointing, just reformulating information that had already been available in newspapers or repeating their talking points about how the ferry will arrive and the security zone will be enforced. It was clear that no dialogue was possible, simply because the officials could not be seen as changing their opinion based on any logical or emotional plea from the public. Despite continuing cheers and jeers from the crowd, Lingle was calm and professional, courteous even, showing she is a master politician (and I actually don’t mean that in a bad way).

Protestors had been asked to bring ti leaves and I first thought it was because the ti plant was considered somewhat sacred by the Hawaiians. While wondering if native Hawaiians really waved around ti leaves in protest, I realized it was meant to be a pun on the Boston Tea Party, a key spark of the US Revolution.


One of the biggest and heartfelt cheers I saw was when one speaker berated the governor for turning not only the Coast Guard but also the state’s child protective services against the people of Kauai (she has threatened to have them investigate parents whose children were or may be involved with a harbor blockade). I think the response was so heartfelt because, like me, it was a new way of looking at how sad the situation really is. During the long cheering, I held my daughter up on my shoulders, and then I actually started tossing her up in the air a few inches and catching her above my head—like most kids, she loves this and it always makes her laugh. After catching her, I would look at the governor, and while I can’t say she saw us, she was looking exactly in our direction and we were clearly visible.

About minors participating in civil disobedience actions, I think I would neither encourage nor discourage my child from participating. Several high school students stepped up to the microphone to give their testimony, and you could tell that their passion came from within, not from adults. I remember being somewhat of an activist in high school: I helped the environmental club set up recycling containers, and I wrote letters for Amnesty International. So I admire students who get involved, it shows their maturity even if they are taking risks—but then so are all those who jump in the water.

Another high point was when a speaker complained about the impact of the security zone on other harbor users (paddlers, fishermen, sailboat races). The exclusion zone is to be enforced an hour before ferry arrival until 10 minutes after departure, 6 days a week. Legitimate users can ask for a variance, and this speaker was asking how to obtain one because after several calls to the Coast Guard, no one could tell her. The rear-admiral fumbled in her papers and finally read off a number. Several people yelled hana hou (again, encore), and somebody must’ve tried to call with a cell phone because they said it was not in service. The rear-admiral then mumbled something about still being in the process of getting set-up before being drowned out by the booing. It’s clear that this speaker probably wasn’t asking for a legitimate variance, but it shows how the whole idea of a security zone is a weak fabrication, not a workable plan.

Here a short video I took during another round of cheering:


Finally, the Planet Kauai blog has some more coverage of this meeting, with a more impartial but fair assessement of the heated atmosphere, as well as some good insights.

Planet Kauai

Slowly but surely, I’m adding to my list of other blogs about Kauai (see blogroll at right). Today I stumbled upon ‘Planet Kauai’ and immediately recognized a blogger after my own heart.


planetkauai.blogspot.com masthead

The author, Charley Foster, seems to be a recent transplant from Utah, which means he has had many of the same experiences I have had: finding a house to settle into, exploring the island, trying the local stores and restaurants, discovering local politics. One thing about malihini (newcomers) like us is that we notice and blog about the little details of life here, the ones that the locals don’t notice anymore (and probably don’t care about) and that the tourists don’t have time to discover. For example, we both took a picture of the same “Falling Coconuts” sign (his, mine)—leave a comment if you know where it is.

Planet Kauai has lots of creative viewpoints too, from LOLgeckos (in fact a green anole, but nevertheless why does this form of humor make me LOL?) to tiki, all the way to Godzilla (he’ll have to answer for that one). He also has lots of great photos, and obviously a better camera and zoom than I, seeing his pictures of ferry protestors and lunar eclipses. Makes me think I should publish more photos, or at least use frames around them.

11:45 A.M.

This is one of those short and simple posts:

I was just reminded that Kauai’s civil defense sirens are tested on the first working day of every month at 11:45 a.m. with a continuous 1-minute tone. The sirens are located along the coasts and in populated areas inland to warn people of tsunamis mostly, but also hurricanes. I live a mile (1.6 km) inland and about 1/3 mile (5oo m) from the nearest siren, and could hear them just now.

I say theoretically because I do not think their has been a real threat since they have been implemented. A real emergency such as an immenent tsunami detected by offshore buoys would be signaled with a continuous 3-minute siren. If you hear such a long siren, you should immediately evacuate to higher ground, usually by driving inland.

The front of every phone book has several pages of disaster preparedness information. This includes 3 pages of instructions about types of dangers, preparations kits, evacuation procedures, and crude maps of low-lying areas likely to be hit and/or flooded. The Kauai civil defense website has much more detailed maps with shelter locations, and some disaster preparedness information through the links on the far left-hand side.

Kauai Protestors Block Ferry

This is a continuation of “Why I Support a Ferry EIS.”

With the ferry scheduled to arrive at 6 pm last Sunday, opponents organized a press conference at Nawiliwili park at 4 pm. I arrived in time to hear a native Hawaiian blessing and short speeches by a county council member, Jo Ann Yukimura, and by our state senator, Gary Hooser. It was a small crowd of about 100 people, most of them with signs:


The park is adjacent to the seawall that extends into the harbor, providing a perfect view of the entrance to the harbor. The road that runs past the park and along the sea-wall is also the entrance (and exit) to the ferry terminal. Demonstrators were gathering at the park and then driving or walking down the jetty where they could wave signs at the ship and at the ferry terminal gate.

Update: Here is a map published by the Honolulu Advertiser showing the location of the protests in the harbor. The only problem is that it omits the key access road that runs under the park and along the jetty (colored in yellow on my correction). While this road has a gate at the turn to the jetty, it provides access for fishing and now for vehicles to the ferry terminal. This road obviously provided a perfect place for land-based protestors to wave signs at the ferry but also for surfboarders to access the water closest to the blockade.


Unfortunately, I had to leave early and I never saw the ferry on Sunday. According to the Garden Island article, the number of protestors grew to about 500, and more courageously, a dozen surfers paddled out to block the boat channel. The ferry entered the harbor, but the Coast Guard radioed for it to back off to avoid any accidents. Here’s a video from one of the protestors showing the surfers going out and the ferry backing up. Then the Coast Guard boats pick up or chase the surfers away:



The ferry docked an hour or two late (depending on the source) and then unloaded its passengers. Unfortunately, the vehicles needed to exit right next to the protestors and this led to confrontations, as shown at the end of the video above. I heard people were laying in the road, deflating tires, pounding on cars, yelling at their occupants, and arguing with police officers. Update: I also heard that drivers were advancing into the crowd of protestors. I dislike these actions from both sides because they create anger, and under the influence of the emotion, both sides become threatening and violent towards each other.

I do not support such behavior, and I hope organizers and participants in future demonstrations work to prevent it from happening again. The point was to block or further delay the passengers, which it did, but I’m certain that ferry opponents lost much support and sympathy as a result.

The next day, Monday, all of the ferry opponents felt empowered by those few surfers who managed to delay the ferry. Word was sent out again and protestors converged on the jetty around 5 pm. We heard the late news that a Maui judge had issued and injunction temporarily stopping the ferry to Maui, but not to Kauai. In any case, the ferry was on it’s way, I could see it on the horizon while driving to Lihue.

The first thing I noticed was that the police presence was much greater than the day before. The police closed the access road to prevent protestors from bring in cars, though seemed to be blocking the road themselves:


There is another access to the jetty road through the park, and I assume some protestors tried to bring a car and the police towed it away. The protestors in this picture are da big bruddahs (brothers) from the Polynesian Kingdom of Atooi, a local Hawaiian independence movement. I saw them both days at the protest, they say the laws of their government require an EIS for the ferry as well. They may also look big and tough, but they were all very friendly and peaceful when I saw them.


Despite the police and tough-looking guys, the area of the protest was calm, festive even. I went back to the car to get my sign and my daughter—it was my afternoon to baby-sit and we ended up seeing many children among the protestors. We walked to the end of the jetty where the main group was, staying with other families a short distance away from the noise.

By then it was past 5:30pm and the ferry had arrived at the harbor. However, there were even more surfers than the previous day already blocking the boat channel. The ferry was probably told not to enter, so it stayed outside the breakwater:


While the ferry was maneuvering outside the harbor, I got a good photo of the ship’s hull. I added the outline of the humpback whales roughly to scale to show how they could get hit. With a speed nearly twice that of any other ship currently operating, nobody knows if they can detect each other soon enough to get out of the way. There is also a video about the risk to whales with graphic images of whales killed by high-speed ferries elsewhere in the world.


This time, the Coast Guard was already deployed, using their big white cutter to support the little zodiacs. This view shows the whole harbor, with the breakwater on the right, the protestors in the channel, the ferry standing off, the Coast Guard cutter and zodiacs, and the Ninini point lighthouse in the distance. Behind the white cutter is the port tug boat. At first I thought the tug was waiting to bring in the ferry, but then I thought the ferry can go in on its own, so I’m not sure why the tug was out there.


Every now and then, another surfer would jump into the water from the jetty and the protestors would cheer him on. Seeing that the surfers were not moving from the channel, the Coast Guard tried to pluck them out with their zodiac boats. It was hard to tell what was going on from shore, so it’s not clear what the tactic was, whether they were just talking to the surfers, ordering them to leave, intimidating them with the boats or actually trying to pick them up somehow. Here’s a video I took, it’s 30MB:

Click to download 30 MB movie of Coast Guard zodiacs negociating with surfers

Behind the protestors was the ferry terminal staging area, where cars wait to be loaded on the boat. It didn’t seem that full, and many of the passengers were out of their cars, watching the ferry and the protestors. I felt bad for these people, they were stuck behind the fence, waiting with no end in sight. I feel the ferry company lured them with $5 fares into their risky tactic of launching service before the court injunction. Maybe the company thought the threat of stranding passengers would give them leverage to keep operating, a sort of fait accompli.


After a while, the big white Coast Guard cutter moved over into the shipping lane, heading towards the protestors. It sort of gives the ferry an aura of a military escort, though you can see from the photo that all the guns were covered, fortunately.


On Sunday, there was a report that the Coast Guard used some sort of net to round up the surfers. I don’t know if a net was deployed again, but after a while the big cutter and the zodiacs pushed together towards the surfers, herding them mostly to one side of the channel, as shown in this 60 MB video:

Click to download 60 MB movie of Coast Guard herding serfers with their big ship

While the surfers were mostly out of the channel, the Coast Guard boats were now in the way. But the surfers just stayed in the water and we couldn’t tell what was really going on. In this sort of stalemate position, a Coast Guard plane came in to land at the airport, and everyone wondered what kind of reinforcements they were bringing: negociators, divers, SWAT teams? Everybody was afraid the surfers were trapped and waiting to be plucked out of the water.


But then the tide started to turn, so to speak. While the channel was half-cleared, the tug boat motored back into the port, with big cheers by protestors who assumed it had given up on helping the ferry into the harbor.

Then some Hawaiian outrigger canoes paddled through the harbor and out into the channel, confusing everybody. At first the protestors thought they were saviors, the “big” boats coming to help. But they just paddled through and kept going out towards the light house. Then they came back and milled around, but never really stopping. Even from the news stories, it’s still not clear whether it was just paddling practice with some rubber-necking or if they really meant to join the blockade.


Whatever it was, the paddlers must have confused the Coast Guard as well because the zodiacs moved around and the surfers migrated back into the shipping channel. The cutter backed off again and the stand-off continued. I never saw any reinforcement arrive for the Coast Guard, so maybe it was just an observation plane.

When the sun was setting and I had to leave, the surfers were still occupying the channel, the zodiacs had given up harrassing them, and the ferry was still waiting outside the harbor.


Later that evening, I read online that the ferry had turned around soon thereafter and went back to Oahu without ever docking.

On Tuesday around noon, the Coast Guard announced that it had safety concerns about the situation and recommended that the ferry not sail to Kauai. Based on that assessement, Governor Lingle asked the ferry to suspend operations to Kauai. On Wednesday, the temporary injunction against the ferry using the port on Maui was extended while the hearing is delayed until the following Thursday.

For more articles about the ferry opposition see hui-r.info and IslandBreath.org.

Why I Support a Ferry EIS

In two evenings of protest, demonstrators and activists on Kauai blocked the channel of Nawiliwili harbor, forcing the ferry to turn around without docking. This is the culmination of months of efforts to force the so-called Hawaii “super” ferry to perform an environmental impact statement (EIS), during which time grass-roots activism on Kauai and Maui has been steam-rolled by the state government on Oahu. As you can tell from my previous post, I am against the ferry operations as they have been implemented, and so I joined the protesters.

Here is a brief history of the issue, as I understand it.

When a certain group of mainland investors formed the idea of providing ferry service in Hawaii, they naturally went to the state government and asked for money. The ferry will bring jobs (and campaign money) if the state will provide the infrastructure, they probably said. The only obstacle is that the ferry is a threat to sea creatures and it will export Oahu’s problems (drugs, crime, overcrowding, overuse of natural resources) to the neighbor islands. The county councils on Maui, the Big Island, and Kauai passed resolutions asking the state to require and EIS. No problem, said the Republican governor, my administration can exempt the ferry from that pesky EIS, and the 80% of state-wide electors who live on Oahu will love me for giving them a weekend get-away.

So the state of Hawaii spent a minimal amount (I’m not sure of the exact number) to retrofit ferry terminals on Oahu and Kauai, but the port on Maui needed upgrades and changes, so that one cost $40 million. In the meantime, environmentalists and activists on Kauai and Maui started realizing the potential impact of the ferry. After a hard year of lobbying, their state legislators (senators and representatives) finally heard their plea and introduced bills requiring the EIS before operations could begin.

Since an EIS would be a statewide study in this case, with many, many issues, it would certainly delay the project, which would scare the investors and lose the deal. Though the neighbor island legislators were powerful, and the local activists gave testimony in record numbers (again, see my previous post), the bills were killed through procedural tactics by some key allies of the governor. In desperation, the proposed bills were modified to allow operations to begin while the EIS was being conducted, but even that was rejected.

So the ferry corporation began its public relations campaign, creating anticipation for the ferry with full-page ads in all the newspapers, but only giving lip service to the environmental concerns. Activists on Maui took their case to the courts, arguing that state laws does not allow the governor’s administration to exempt such a project from an EIS. But in the meantime, the ferry was built, shipped to the islands, and paraded around (though its first visit to Kauai was unannounced—were they expecting opposition?). Then the company delayed announcing any specific launch date, it wasn’t until August 11 that they announced online reservations for service originally planned to start today (Tuesday, August 28). In the meantime, the ferry made it’s first official visit to Kauai on August 19 for a viewing, which oddly required participants to register names and show IDs.

Last Thursday, the lawsuit on Maui was unexpectedly heard by the state Supreme Court, which unanimously ruled that the governor’s administration was wrong and that an EIS is required by state law (Honolulu Advertiser article). They sent the case back to a Maui judge who would then need to issue the ensuing injunction, ordering operations to stop until the EIS would be completed. The Maui court was scheduled to reconvene Monday to issue the ruling before the ferry began operations.

In an arrogant move, the ferry corporation announced on Friday that it would begin operations on Sunday, in defiance of the supreme court’s ruling (AP article that appeared in the Garden Island on Saturday). In order to fill the ferry on such short notice and create some buzz, they announced $5 fares until September 5 and it worked—nearly all trips to Maui and Kauai were sold out.

Word immediately got out on the coconut-wireless, through email lists and websites, that everyone wanting to oppose the arrival of the ferry without an EIS should meet at the port on Sunday. In a way, I feel that a vague malaise about the original, scheduled arrival on Tuesday was concentrated into real action to oppose the advanced (and probably illegal) arrival on Sunday. I read on the news that only a dozen people protested the arrival of the ferry on Maui, and I was determined to help increase the number on Kauai.

For more arguments and background into the ferry and its opponents, see hui-r.info and IslandBreath.org.