I request a public hearing on the proposed security zone at Nawiliwili
Harbor,Kauai, Hawai'i, 33 CFR Part 165, Docket No. USCG?2007?29354, RIN
1625?AA87, 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.
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.
whether personal liability 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
whether the security zone represents a violation of the First Amendment rights of
the people seeking to prevent the Superferry from breaking the law
the likelihood that many people will enter the waters of Nawiliwili Harbor to block
the Superferry, if it returns
Cory M. Harden
This is comment on Rule
Security Zone; Nawiliwili Harbor, Kauai, HI
View Comment
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