Douglas Phillips

Dear Ms. Adams: Please arrange public hearings regarding resumption of Superferry service and the proposed Security Zone at Nawiliwili Harbor, Kauai. Here are some of the reasons such hearings should take place: (1) to discuss whether the intention to create a security zone to permit Superferry to enter Nawiliwili Harbor represents participation in a conspiracy to violate the law. The Supreme Court ruling in The Sierra Club v. The Department of Transportation is a final judgment imposing the requirements of Section 343-5 of the Hawai'i Revised Statutes. Those requirements are that an environmental assessment must be prepared and that the completion and acceptance of that assessment is required before any further operations of Superferry take place. The security zone is meant to make it possible for Superferry to continue operating in spite of the Supreme Court ruling, i.e. in violation of the law. While the Supreme Court ruling came in a case out of Maui, the ruling itself is applicable statewide, i.e. the Superferry is barred from going to Kaua'i as well. The refusal to acknowledge the statewide application of the ruling is either denial or deliberate misinterpretation of the law. Either way, helping Superferry violate the law is itself a violation of law. (2) to discuss whether the Coast Guard is really prepared to use force against people who clearly believe that they are enforcing the law, while the Governor and the Unified Command are engaged in a criminal conspiracy to violate the law. (3) to discuss the personal liability that may fall on members of the Coast Guard who participate in a such a conspiracy, such as charges of false arrest, battery, assault, kidnapping, and other civil torts and criminal charges (4) to discuss whether the security zone represents a violation of the First Amendment rights of the people seeking to prevent the Superferry from breaking the law (5) to discuss the likelihood that 500 people will enter the waters of Nawiliwili Harbor to block the Superferry, if Superferry returns to Kaua'i (6) given the likelihood of a major confrontation between the people and the outlaws in government, a little dialogue in a public hearing is surely appropriate.