American Samoa cannot ban Hawaiian Airlines, lawyer says
By Fili Sagapolutele
Associated Press
PAGO PAGO, American Samoa » Gov. Togiola Tulafono cannot bar Hawaiian Airlines from flying its Honolulu-Pago Pago route because the flights are covered by federal regulations, according to a legal opinion.
The opinion written by local lawyer Jeff Waller was requested and made public by the U.S. territory's Senate. Tulafono issued an executive order demanding Hawaiian's withdrawal in favor of another airline last week.
"The Senate is concerned about this form of action taken against a business operating in the territory and the message it sends to future potential investors who are contemplating the possibility of doing business in our territory," Senate President Lolo M. Moliga said yesterday.
He indicated, however, that senators agree with Tulafono's goals of better air service for the territory.
The governor has complained that the Honolulu-based airline, which has a monopoly on the key route linking American Samoa to the United States, overcharges and subjects local citizens to discrimination and ethnic harassment.
Airline spokesman Keoni Wagner has said Hawaiian officials do not believe the governor's order has any legal power and that the carrier would continue to fly between American Samoa and Hawaii.