• All follow laws • Respect ocean’s power All follow laws As a union organizer, I spent my share of time on picket lines, protest actions and in civil disobedience in reference to civil rights. When engaging in such activities,
• All follow laws
• Respect ocean’s power
All follow laws
As a union organizer, I spent my share of time on picket lines, protest actions and in civil disobedience in reference to civil rights. When engaging in such activities, it’s important for participants to know the content of the laws that govern whatever situations that are being protested. When protesters hire lawyers to advise and represent them, it is incumbent upon these lawyers to explain the laws applicable to the situation at hand.
In the case of the Kaua‘i and Maui ferry protests Maritime law is involved. Maritime law is both national and international in nature, and the number of attorneys engaged in its practice is extremely small in comparison with the general practice of law in more familiar fields. The most dangerous time for an ocean-going ship is when it is either entering or leaving a port of call. In most instances this is accomplished with assistance of a port pilot and one or more tugboats. The responsibility of maintaining a safe environment for these ships lies with the port authority, which in this case is the state of Hawai‘i and the United States Coast Guard, which is now under the command structure of the Department of Homeland Security. I doubt that the protesters who endangered the safety of the ferry, its passengers and its cargo were so advised by their legal counsel.
As for the port authority and the Coast Guard, they have no choice but to carry out the provisions of the laws that apply to this situation. They showed admirable restraint in the face of conditions often bordering on assault. Now that these authorities have broadened the security zone at Nawiliwili Harbor to the entire harbor while the ferry is in port, it puts a big crimp in all the recreational activities that normally take place there. The diagram on page A5 of Monday’s The Garden Island shows what a small amount of space the ferry actually takes. I’m sure that as emotions cool and people realize that coexistence is not only possible, but the most desirable solution, the security zone will be reduced to the extent that recreational activities will hardly be affected as a result of accomodating the ferry. My son and I were returning to Nawiliwili in our little Boston Whaler when we encountered the ferry making one of its practice runs. We passed port to port with a friendly wave and plenty of room to spare. No makau, brah.
Harry Boranian
Lihu‘e
Respect ocean’s power
Thank you, Dr. Monty Downs, for your efforts on ocean safety awareness for Kaua‘i. We had a close call at Kealia Beach in early August of this year where my two sons, ages 15 and 19, were body surfing and Boogie boarding (against my advice and advice of the signs against swimming at the center of the beach). To my horror they began to be pulled out farther and farther and appeared to be in trouble. My husband started to go out after them, which also would have been a bad situation, but before he made it out, two surfers noticed the boys in distress and brought them both in. Thank God for those surfers. It could have been a horrible end to a lovely vacation. But … a valuable lesson learned: just because you see a lot of people out there and think it’s just fine, remember that the ocean is a powerful and unpredictable force to be taken seriously at all times. Signs of warning are placed for a reason, and in remote places where there are no signs (and no guards, and no one around to hear or see you if you get into trouble), always remember that if in doubt, never go out.
Jody King
Fresno, Calif.
