The American Civil Liberties Union is looking into state and U.S. Coast Guard guidelines that explain how to safely protest the Superferry — and avoid jail, fines and a criminal record. Gov. Linda Lingle is expected to field questions and
The American Civil Liberties Union is looking into state and U.S. Coast Guard guidelines that explain how to safely protest the Superferry — and avoid jail, fines and a criminal record.
Gov. Linda Lingle is expected to field questions and address concerns at 6 p.m. today at the Kaua‘i War Memorial Convention Hall, in preparation for Wednesday’s resumption of the controversial catamaran’s service to Nawiliwili Harbor.
Her appearance comes within a week of the Coast Guard and state’s dissemination of a list of potential consequences for meddling with the Superferry’s ability “to safely enter and depart the harbor.”
Hilo Attorney Lanny Sinkin filed a temporary restraining order in Honolulu yesterday in an attempt to prevent the Coast Guard from activating a security zone. The judge has yet to rule on that issue, Sinkin said late yesterday.
During today’s appearance, Lingle and federal, state and county leaders plan to discuss and elaborate upon the content of those guidelines.
But analysts such as ACLU-Hawai‘i Director Lois Perrin and Ira Rohter, a professor of political science at the University of Hawai‘i, question the motives behind the guidelines.
Rohter questioned the context within which the government is disseminating its “summary of consequences,” calling it less informative than it is self-serving.
“It’s not a veiled threat, it’s an explicit one,” he said. “This is crowd-control management.”
In addition to stating the potential criminal charges for demonstrating dissent against the Superferry, the list includes the potential penalties for such related crimes as terroristic threatening and assault against a police officer, both of which are punishable by up to five years imprisonment and a $10,000 fine.
Carrying one of the most stringent penalties on the list is “destruction or interference with vessels or maritime facilities,” defined as using force that endangers the safety of the vessel. The crime is a felony for which a resident could face up to 20 years in prison.
The summary also states that parents whose children “within the Coast Guard Security Zone” or in line with the Superferry’s course could be subject to an investigation by the Department of Human Services.
That latter tidbit, Rohter speculated, was likely a response to last month’s demonstrations against the Superferry at Nawiliwili Harbor, during which protestors were swimming, surfing and paddling in the water, preventing the vessel from docking.
Perrin said the possible reasoning behind the government’s “preemptive” preparation of the guidelines piqued her interest.
“We are concerned and plan to look into this warning and the constitutional implications it may have,” she said.
However, while Americans enjoy the right to demonstrate, they must do so in accordance with the law, she added.
There are two types of protests, Perrin said, the first of which is nonviolent. That sort of protest is constitutionally protected, specifically if it has been disrupted for unlawful reasons — such as an entity breaking up the protest for not agreeing with group’s ideas.
The second kind, civil disobedience, is different from constitutionally protected speech. The ACLU states that it’s key that protesters who want to voice their message stay in the former category.
“We don’t support anybody breaking the law,” Perrin said.
It’s with that in mind that Concerned Citizens of Kaua‘i will be gathering at 4:30 p.m. before Lingle’s scheduled appearance at the Historic County Building bearing signs stating “EIS FIRST!” according to its coordinators, in order to emphasize what they call the true issue at hand: keeping government accountable.
County Councilwoman JoAnn Yukimura will be among those attending, she said.
“We want to show how united and numerous the support is for an EIS first,” Yukimura said. “We are having people gather on the front lawn of the county building — the county seat and heart of the island in terms of government representing the people — to show there are people of all walks of life, all races and creeds and political backgrounds who feel that it’s really important to go through the right process.”
That means doing an EIS with its proper notification and public hearing documentation before any operation is allowed, she said.
Following that same line of thinking, Rohter said keeping the focus on the issue at hand is crucial in productive discourse.
In other words, being pro-environmental assessment or pro-environmental impact study isn’t synonymous with being anti-Superferry, he said.
“There’s a war of propaganda here. And one of the problems that results when people feel they’re misunderstood or their voices don’t count is they get more pissed off about it, and it inflames the issue further.”
Also participating in tonight’s meeting will be Barry Fukunaga, Department of Transportation director; Mike Formby, Department of Transportation deputy director; Lisa Ginoza, first deputy attorney general; Major General Robert Lee, state adjutant general; Clayton Frank, Department of Public Safety interim director; Laura Thielen, Department of Land and Natural Resources interim director; Lillian Koller, Department of Human Services director; Mayor Bryan Baptiste; Coast Guard Rear Admiral Sally Brice-O’Hara; and Capt. Vince Atkins, Coast Guard captain of the port.
