FL MORRIS / FMORRIS@STARBULLETIN.COM Superferry employees and supporters entered a Kauai Circuit Court courtroom before the start of yesterday's hearing on an environmental lawsuit against the operation. A judge later dismissed a large portion of the lawsuit brought by the Thousand Friends group to block the Superferry's return to Kauai.

Postponed

Superferry decides to stop service to Kauai indefinitely

Hawaii Superferry suspended service to Kauai yesterday days before its planned restart, citing the need to take care of all legal challenges.

It will likely not restart the Alakai's service to the Garden Isle until court cases on both Maui and Kauai have been completed, said Hawaii Superferry Chief Executive Officer John Garibaldi last night.

The announcement came as Superferry won a victory in Kauai Circuit Court when Judge Randal Valenciano threw out most of an environmentalists' lawsuit against the operation. The Thousand Friends group suffered the setback when Valenciano dismissed a large portion of its case to block the Superferry from returning to the Garden Isle. The group, however, will get a chance to argue next week that the Superferry is a public nuisance and its running violates the state Constitution.

Asked whether he thought that a few days or weeks would make a difference to those who have been fighting the Superferry for a month, Garibaldi said, "Time heals all wounds."

On Oahu, Gov. Linda Lingle told reporters yesterday that she had "never experienced the level of rudeness" as she did appearing before a largely hostile crowd of 1,000 at the Kauai War Memorial Convention Center on Thursday.

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LIHUE » Despite claiming a "court victory" yesterday, Hawaii Superferry officials announced last night that they were once again suspending service to the Garden Isle -- this time indefinitely.

It likely will not resume service to the Garden Isle until the court cases on both Maui and Kauai have been completed, said Hawaii Superferry Chief Executive Officer John Garibaldi last night.

The Superferry had planned to return to Kauai on Wednesday, weeks after protesters blocked the Alakai from docking in Nawiliwili Harbor. State and U.S. Coast Guard officials had been planning to arrest protesters who violated a security zone in the harbor.

Superferry officials "felt a matter of days was not really significant," Garibaldi added. "We are here for the long haul."

The Superferry chief said the decision -- made by the company alone without input from the governor or the U.S. Coast Guard -- was based on the "overriding answer that we want to provide a safe and reliable ferry service."

The Superferry will "get started as soon as it's safe," he added.

Kauai residents, opposed to the Superferry and awaiting a scheduled showdown, were instead breathing a sigh of relief last night.

"Oh what a relief. I can breathe now," said Richard Hoeppner of the Thousand Friends of Kauai, the group suing the Superferry and the Department of Transportation.

The Thousand Friends group suffered a setback in court yesterday as a Kauai judge dismissed a large portion of its case to block the Superferry from returning to the Garden Isle. The group, however, will get a chance to argue next week that the Superferry is a public nuisance and its running violates the state Constitution.

Circuit Judge Randal Valenciano dismissed all claims that mention the lack of an environmental assessment done at Nawiliwili Harbor.

Anyone who wished to challenge the state Department of Transportation's decision not to do an environmental assessment, he ruled, had 120 days after the decision was announced in 2005.

While the Sierra Club and other groups did so on Maui, no one challenged the harbor improvements on Kauai. The state Supreme Court specifically overturned the ruling on harbor improvements at Kahului, but not on Kauai, Valenciano added.

So that leaves Thousand Friends two claims: that the Superferry is a public nuisance and its running violates the state Constitution. And even in those arguments, Valenciano said, the lawyers for Thousand Friends cannot argue that the Superferry is running to Kauai without a valid environmental assessment.

"The court finds the decision made by the DOT was appropriately published," Valenciano said. "The attempt to make that (decision) ambiguous was not (accepted) by the court."

Senate President Colleen Hanabusa said in reaction that the latest move by the Superferry could delay the need for a special legislative session.

Legislative leaders have considered a special session to pass a law to allow the ferry to operate while the environmental assessment was completed.

Last night's decision to keep the Superferry at dock indefinitely was a cause for celebration.

A picnic scheduled for 2 p.m. today at Nawiliwili Park "is going to be some party" now, Hoeppner added.

With hundreds of people attending Thursday's night's rowdy meeting on Kauai, Hoeppner said he expected at least 100 people in the way of the ferry if it returned this week.

"I was concerned, I was really concerned," he added.

Garibaldi said that Thursday's meeting "was a consideration" in the Superferry decision, as was the positive court ruling on Kauai yesterday.

Asked whether he thought that a few days or weeks would make a difference to those who have been fighting the Superferry for a month, Garibaldi said, "Time heals all wounds."

Speaking for Gov. Linda Lingle last night, Russell Pang said the administration thinks Superferry officials were correct in delaying service.

"We think they made a good decision and we look forward to the Maui and Kauai court decision in the very near future," Pang said.

State Rep. Hermina Morita (D-Hanalei-Kapaa) said she hopes the Superferry suspends service until it can prove that it is operating legally under all state and federal laws.

"I think it's the right thing to do," she added.