Disappeared News

If there is trouble with the daily TV program, you have an alternative. Catch the program on-line or in your portable player.

Democracy Now has redesigned their web site and there is a shiny new page explaining the podcast.

Airplanes fly in all sorts of bad weather. How will the ferry fare?

Brad Parsons has emailed some surf forecasts. I'm not sure I know how to interpret them, but it would be interesting to see what effect potentially high surf has on the Superferry. It didn't take much to break loose the loading barge at Kahului Harbor.

If medium to high wave action cause the barge and the ferry to rock 'n roll, they'll be dancing separately to Mother Nature's tune. Not great for embarking or disembarking passengers.

The blogs and emails are full of speculation about this. The newspapers say nothing, of course. We shall see.

This service is supposed to revolutionize interisland travel but to do so it will have to be able to keep to its schedule.

From the buzz, there's going to be a revolution of a different sort, whenever it finally does sail. If the surf's up, the party might have to begin without its star attraction.

It's more like a train than a bus, except when it's more like a bus than a train.

Eliminate the middleman. Call in to Hawaii Public Radio's Town Square hosted by Beth-Ann Kozlovich on Thursday, November 29 5-6 pm on 89.3 FM or streaming from hawaiipublicradio.org and question Jos Jansen of Advanced Public Transport Systems yourself. That's right, no city council person or mayor will stand between you and the company's expert. Fire away with your most difficult questions.

Find out for yourself what this transportation option might offer you or your family and how it works.

The phone number to call is 941-3689 from Oahu or 1 877 941-3689 from elsewhere.

I heard the sound of nearby thunder this morning and turned off the computers. But the sound continued even as the lightning storm moved out to sea. What could it be?

... And the beat of the hoofs of those approaching armies was like to the sound of distant thunder ever coming nearer and nearer and louder and louder. And the cloud of dust behind those armies was like the smoke of a great conflagration rising up into the sky. And in the midst of those clouds he could see the flashing and blazing of polished armor catching the sunlight and flinging it off again as those armies rode rapidly down the slopes and toward them.

Thus those armies came together with great uproar and thunder and a flashing like to flaming lightning in the midst of a storm. And King Arthur ran to his horse and mounted nimbly thereon, and he spurred back to meet his army, and an esquire who rode with that army gave to him a good stout spear of ashwood.

So those two armies met with a shock that might have been heard a league. In that shock of meeting one recoiled from the other by the force of the assault it had itself delivered. And many knights fell in that first assault, and most of those that fell died as they fell. For the horses pressed upon them with their hoofs and many died beneath that pressure. And after the horsemen came the yeomen afoot, and these ran hither and thither and slew many who yet lived.

Then those knights who were still a-horseback cast aside their spears, for they could not longer use their spears in that narrow pass, wherefore they cast them away and drew their swords. And with their swords they hewed about them from right to left, and from left to right. And so, in a while, the ground was littered with cantles of armor and with men lying dead or dying beneath the hoofs of the horses.

So that fierce battle began a little before the prick of noon, and it continued for all that afternoon, and it continued through the twilight of the evening and until the falling of the night.

[The Story of the Grail and the Passing of Arthur, by Howard Pyle]

King Arthur had enough experience to pull off a battle like that. It takes experience. My fear for the Superferry protests is that the Coast Guard and the harbor police have the armor (maybe some cantles were in the recent secret state procurement of body armor and equipment, who knows) while potential protesters lack experience in these matters.

Protesters could end up in a lot of trouble if they go up against Lingle's "Unified Command." I think anyone might be concerned, regardless of opinion on the ferry itself, that an epic clash not take place on any of the Neighbor Islands. The security zones will be enforced with glee, no doubt. What concerns me most is that some people derive real pleasure from bashing protesters with batons or worse.

The Oahu dailies are hyping the ferry again, and have not even questioned John Garibaldi on exactly what community outreach he is doing (none, apparently, see this Garden Island story Ferry outreach slow in coming) (hat tip to Joan Conrow). You would think the handful of journalists who have been covering this story might ask a hardball question (assuming the editors allow them, of course). This hype sets up a certain frame.

It sets up the frame that the Superferry is only good for Hawaii. Nevermind the harm it may do to many, never mind that the Superferry investors will be receiving more from our state government than school kids sweating in hot classrooms or those who cannot work enough jobs to pay rent. It is a setup. It tries to pit the ordinary public against those who still think that the ferry deal should have been done differently.

And the number of opponents is not diminishing. An open letter has been circulating that achieved 185 signatures a couple of days ago. I was going to copy the whole thing here, but decided to omit the names attached. Hey, it's an open letter, why not include the names? Well, I heard on Democracy Now this morning that 20,000 names a month are added to the "list" of those who will be searched at airports and decided not to make it easy for anyone to harvest 185 names from my blog. So here is the letter (thanks to Andy Parx) with the names omitted:

An Open Letter to John Garibaldi of Hawai`i Superferry and Hawai`i State officials

We, the undersigned residents of Kaua`i respectfully decline to participate in any of the reported  “outreach” efforts  of the Hawai`i Superferry (HSf).

The law may or may not say that it is legal for the HSf to come to Kaua`i. But even if the HSf can come to Nawiliwili, we Kaua`i residents don’t have to either like or acquiesce to it.

We undersigned will not and cannot “put  behind us” the disrespect and violation of our constitutional right to a safe and healthy environment, as both Honolulu newspapers have editorially suggested.  It is, in fact, still in front of us.

The past and current actions of the State and the HSF are unacceptable. Our  environmental, cultural, social and economic rights have been stripped (Act 2) as have our rights to local planning processes, which were also “exempted” (HRS §  266-2) by the State.

We will not meet with those who would willfully violate our rights just because they can and ask us to forgive the self-same trespasses they continue to promulgate.

We the undersigned  discourage visitors from taking advantage of the denial of our rights by coming here via the HSf. and we will use any and all legal means to discourage people from bringing their cars on the HSf, should the HSf and State decide to violate our rights to a clean, safe and healthy environment

We the undersigned welcome our visitors who travel and stay in accordance with our current infrastructure capacity through our official planning processes and designated methods of accommodating the up to 30,000 visitors who are here every day now.

Whether or not the HSf  can conduct an EIS that  “mitigates” the impacts of all those vehicles as well as secondary impacts across the island remains to be seen, as does their ability to comply with our county permitting regulation. Though these two “exemptions” appear to be legal according to some, we the undersigned will not respond to any “outreach” that does not start with compliance with those protections before the HSf comes to Kaua`i.

In addition, we the undersigned call on the Kaua`i County Council to declare HSf a public nuisance under State law (HRS § 46-17) due to the “dust, pollution, vibrations, noise and smoke” of  up to 560 cars coming on and off the HSf as well as as many as 200 more picking up and dropping off passengers all converging upon the dock.

The Governor turned away a petition with 6,000 signatures, so I doubt she'll pay attention to this. I'm sure the Coast Guard already has a couple of copies and may have sent the names to the Bushites already.

Oh, mustn't forget—a Hawaii blog has been mentioned in the Federal Register, announcing a Coast Guard rule for a protective zone around the ferry. Yes, recognition at last. Check it out. The document is hard to get to on the GPO website, so I've stored away a copy of it here.

Groups opposing the lawful operation of the HSF continue to vow to impede its transit utilizing these same dangerous tactics. These opposition groups have started several internet forums to encourage and coordinate support for their efforts. The danger such obstruction tactics pose is illustrated by an article posted on November 5, 2007, on Surferspath.com, a popular Web site for Hawaiian surfers.

At last, a local blog gets federal recognition.  [Update: Doug corrected me in a comment to this post. Surferspath is not a Hawaii blog. Darn, more egg on my face. Sorry.]

The Coast Guard quoted from the non-violent resistance letter that was posted on the  Surferspath website and views it as a threat (see their text). From reading the rule, and from the fact that it is being put into effect without the usual public comment period, I appreciate the advice in the letter all the more. Yes, preparing a will might not be a bad idea. Getting ready for the worst would be prudent, since the worst has been described in great detail in the Coast Guard's rule.

As you read it you can hear the sound of distant thunder in the distance, the hoofs of approaching armies.

I sincerely hope that the "Unified Command" will not have the chance to get their jollies by testing out their shiny new riot gear on live protesters. Being put on a no-fly list may be the least punishment that would be administered by our newly militarized law enforcement. They may decide to crack heads.

Doug covered two recent Big Island articles on the use of Tasers in Hawaii today on his Poinography blog. I won't steal his thunder, please read his article. You won't want to miss the part about keeping police use of Tasers a secret from the public. 

The wording of the policy regarding Tasers hasn’t been added to the general orders book at the Kealakehe Police Station, nor is the use of force policy available on the Police Department’s Web site, though other orders are. In general, according to the use of force policy, officers may use “less than lethal force” to protect themselves or other people from physical harm, to restrain or subdue a person who is resisting arrest or to “bring an unlawful situation safely and effectively under control.” [Poinography! » Tasers “an option” for Hawaii County PD]

Does that last part scare you? It should. Remember the video of the cop using a Taser during a speeding stop. There was a video camera running. Fortunately the driver was not killed by the cop. How many times have Tasers been used improperly without making the news because there was no camera and no one killed?

I also seem to have underreported the number of people recently killed by police wielding Tasers. From today's Democracy Now I learned that four men in the United States and three in Canada have died after being shot with Tasers in the past two weeks: 

UN Committee: Tasers Can Be Form of Torture
The United Nations Committee Against Torture has determined the use of taser stun guns can be a form of torture and violate the U.N. Convention Against Torture. The committee said the stun guns cause extreme pain and in some cases death. Four men in the United States and three in Canada have died after being shot with tasers in the past two weeks. Earlier this month a video emerged showing Canadian police tasering an unarmed Polish tourist in a Vancouver airport. The man died after he was shocked twice with 50,000 volts. The stun gun manufacturer Taser claims that no deaths have ever been definitively connected to the taser.[Democracy Now! | Headlines for November 26, 2007]

More from CBS/Associated Press: 

Sunday, November 25, 2007 by CBS News

UN: Tasers Are A Form Of Torture
“Stun Guns” Are Under Fire After Six Deaths This Week; Rallies Held Demanding They Be Banned

(CBS/AP) - A United Nations committee said Friday that use of Taser weapons can be a form of torture, in violation of the U.N. Convention Against Torture.

Use of the electronic stun devices by police has been marked with a sudden rise in deaths - including four men in the United States and two in Canada within the last week.

Canadian authorities are taking a second look at them, and in the United States, there is a wave of demands to BAN them.

The U.N. Committee Against Torture referred Friday to the use of TaserX26 weapons which Portuguese police has acquired. An expert had testified to the committee that use of the weapons had “proven risks of harm or death.”

“The use of TaserX26 weapons, provoking extreme pain, constituted a form of torture, and that in certain cases it could also cause death, as shown by several reliable studies and by certain cases that had happened after practical use,” the committee said in a statement.

Tasers have become increasingly controversial in the United States, particularly after several notorious cases where their use by police to disable suspects was questioned as being excessive. Especially disturbing is the fact that six adults died after being tased by police in the span of a week. [UN: Tasers Are A Form Of Torture“Stun Guns” Are Under Fire After Six Deaths This Week; Rallies Held Demanding They Be Banned - CommonDreams.org]

So now if you haven't read Doug's post on Tasers in Hawaii and the intent to keep their use secret, please visit Poinography! and check it out. He has links to the original newspaper articles.

Peace activists are often accused (falsely) of not supporting our troops in Iraq. But look how the hawks treat our fighting men and women:

Army Wants Wounded Soldiers to Return Bonuses

The Pentagon is forcing thousands of wounded veterans to return signing bonuses they received for joining the army. The military says the injured soldiers aren’t entitled to the money because they didn’t complete their full tour of duty. Jordan Fox of Pennsylvania left the military three months early after being hit by a roadside bomb in Iraq. He sustained back injuries and lost all vision in his right eye. Earlier this month he received a Pentagon letter asking him to return some three thousand dollars in sign-up bonuses. Fox and his mother had recently started a program to send thousands of care packages to servicemembers in Iraq.

Democracy Now! | Headlines for November 21, 2007

MINNEAPOLIS, MN (NBC) -- When they came home from Iraq, 2,600 members of the Minnesota National Guard had been deployed longer than any other ground combat unit. The tour lasted 22 months and had been extended as part of President Bush's surge.

1st Lt. Jon Anderson said he never expected to come home to this: A government refusing to pay education benefits he says he should have earned under the GI bill.

"It's pretty much a slap in the face," Anderson said. "I think it was a scheme to save money, personally. I think it was a leadership failure by the senior Washington leadership... once again failing the soldiers."

Anderson's orders, and the orders of 1,161 other Minnesota guard members, were written for 729 days.

Had they been written for 730 days, just one day more, the soldiers would receive those benefits to pay for school.

WCSH6.com - National Guard Troops Denied Benefits After Longest Deployment Of Iraq War

So you think it can't happen here? Check out what took place under Governor Cayetano's undeclared "unified command." I think this would be the last comparable police action in recent state history. It was certainly a coordinated effort, and characterized by an unexpected clash between Cayetano and the press.

In June, 1996, armed state deputy sheriffs, National Guard soldiers and other state law enforcement officers cleared Makua Beach. Helicopters hovered overhead and patrol boats were offshore. Bulldozers waited for the armed forces to clear the beach of squatters before moving in and leveling anything left behind.

Believe it or not, the police tried to arrest reporters, according to this Star-Bulletin story:

At the start of the eviction, state deputy sheriffs also threatened to arrest television and newspapers reporters and accused them of obstructing the operation.

Remember, in those days people didn't have digital cameras, cellphone or video cameras. So with the press barred, Cayetano was able to conduct most of his action out of public view. These days, having private video coverage is one way to make sure that police actions can't be kept from public scrutiny.

Press coverage serves not only a documentary purpose but a protective one. A cop behaves differently if lenses are focused on the action.

Concentrating for a moment on the press issue, Another story:

"Clearly the state had made up its mind it wanted no media at the site of the arrests."

Some of those arrested and later bailed out felt the media should have been present to document the incident.

"I think the media should've been allowed to film the indignity of the eviction," said Kaleo Patterson, one of those arrested.

Media attorney Jeffrey Portnoy also questioned the state's decision to bar the media. He said it is reasonable for public safety officials to balance the need to conduct legitimate government functions with the First Amendment rights to the public.

"The question is a matter of degree." He said officials should have sat down with the media in advance to discuss arrangements, regardless of when the evictions were to take place.

Cayetano's argument that the media needs physical protection is "bogus," Portnoy said. "It doesn't need the assistance of government to tell them of danger."

Now, the state must have known it was breaking the law. Even Cayetano must understand that there is a First Amendment. But clearly, he didn't care. He didn't get any jail time for it, either, of course. Go figure. It's just our Constitution that was disregarded. But no consequences.

Ok, sorry, I can't resist this one, because of the great picture of David Shapiro on the page:

More likely, the governor barred news coverage of the evictions because he didn't want you - the voting public - to see his little army pushing around Hawaiian squatters. He was afraid you might not like what you saw.

In looking back at the coverage, I can't find any article indicating that anyone was physically hurt. This raises questions about how present Governor Lingle would handle her declared "Unified Command." So far she's been very ham handed in her public relations on this issue. How would a conflict go with Lingle in charge?

More on Tasers

Here's a new Taser incident that happened just three days ago.

I'm not suggesting that Tasers will be used against anyone who protests the Superferry. We, as citizens of this state, should make sure that they are never used against anyone as casually as police are using them on the Mainland.

And on water cannons

A comment on an earlier post mentioned water cannons. As it happens, I was searching for pictures to post of water cannons because they could be used against demonstrators.

I decided in the end to skip it, because water cannons have not been used in this country against demonstrators in umpteen years. But the subject is worth at least a mention. Water cannons cause broken bones from falls and ruptured spleens, among other damage. The injury to internal organs may not be noticed by someone who is hurting or by emergency medical personnel. Or if someone is hauled away to a jail cell. Then they suddenly die.

So I think we all hope that Lingle's "Unified Command" will not put Hawaii on the map by using asymmetrical force against demonstrators. We see, through this video and other examples, that trigger-happy and poorly trained cops might just tase someone casually. That person is being punished, tortured even, without trial. The cop is the judge, jury, and possibly the executioner.

The same concern should be applied to the use of clubs, hooks, nets or other means of extending force should there be demonstrations in the water. Regardless of one's position on the ferry or on demonstrations against it, I hope that we will stand as a people against the use of militarized and potentially deadly force.

What will happen should there be demonstrations against the Superferry when it finally sails to Kauai or Maui?

Are the harbor police and Coast Guard polishing their equipment in preparation for their assault against the demonstrators? Of course, that's what it will be, because the only way to remove someone from the water in front of a ferry will be to take action against them in some way.

We don't know what kind of weapons or other gear has been ordered up for the harbor police because the Coast Guard has declared the purchase to be secret (See the State Procurement Office website for the  procurement request). I wonder if there are Tasers  in their arsenal that might be used should there be protests?

Police and other law enforcement across the country are becoming increasingly casual and complacent about using extreme and sometimes deadly force against unarmed and unthreatening citizens.

They have also, for some time, demonstrated that they could care less about free speech and constitutional rights. After all, there are few consequences for police misconduct. Courts in New York dismissed charges against nearly all of the 1,700-1,800 people detained (some just passing by) during the 2004 Republican National Convention. Cops certainly knew that what they were doing was illegal, but they also obviously didn't care. They lied and altered evidence. Police don't usually pay for their actions. Someone gives the orders and they carry them out. Someone gives them Tasers and they use them. It's the civilians who are hurt.

The combination of increased police interaction with peaceful protest and their increasing willingness to use excessive force has revived a Kent State mentality in law enforcement. Triggers are being pulled and capital punishment is being delivered by ordinary beat cops. Some people can survive the torture of having 50,000 volts applied to their bodies, others die.

A man died today in Maryland after being tased. Less than a week ago a man was killed with a Taser in Canada.

Can it happen in Hawaii? You bet. The Superferry issue has polarized people to the extent that some kind of protest is likely, and at the same time, Governor Lingle has chosen to deal with it in military fashion by forming her "Unified Command." This is a recipe for trouble if her intent is to escalate force against unarmed citizens.

Not only are police around the country interfering in peaceful protests and other constitutionally protected activities, but more of them are being equipped with Tasers. With these weapons they can kill without cause. Deaths are predictable and are occurring. Yes, people are being electrocuted by police, not by decisions of any jury.

Will police or the Coast Guard use Tasers in Hawaii?

When police use force, it's increasingly possible that people will be killed, especially if Tasers are involved. Amnesty International notes that:

More than 11,000 US law enforcement agencies (mainly police departments but also prison and jail agencies) are reported to use Tasers or similar devices: dart-firing electro-shock weapons which can also be applied directly to the body in what is known as "drive stun" mode (similar to traditional stun guns). From June 2001 to 30 September 2007, Amnesty International has recorded more than 290 deaths of individuals in the USA and Canada struck by police Tasers. While the organization does not reach conclusions regarding the role of the Taser in each case, it believes the deaths underscore the need for thorough, independent inquiries into their use and effects.

...

Of the 291 reported deaths, the organization has identified only 25 individuals who were reportedly armed with any sort of weapon when they were electro-shocked; such weapons did not include firearms.

Amnesty International acknowledged in its statement that there may be "stand-off" situations where Tasers in dart-firing mode could effectively be used as an alternative to firearms to save lives. However, the potential to use Tasers in drive-stun mode (where they are used as "pain compliance" tools when individuals are already effectively in custody), and the capacity to inflict multiple and prolonged shocks, renders the weapons inherently open to abuse.

Most readers will be familiar with the September 17 incident at the University of Florida when  police forcibly removed a student who was questioning Sen. John Kerry at a Constitution Day forum. After the student was already restrained, the police used a Taser in drive-stun mode. The incident was captured on video so the world was able to see someone blasted with electricity for his act of speaking out. The student was already down on the floor when they zapped him. There clearly was no danger to the police.

I debated whether to include the video here. Parental guidance would be good (no matter how old you are). I decided to include it because this is a serious issue. And if anyone protesting on the Neighbor Islands is tased, this is what they will be experiencing.

Remember, you don't have to watch this. Just skip over and read on.

On October 14, Canadian police killed an unresisting man at Vancouver Airport. He died after being tased multiple times. It's all on video. The police at first confiscated the video but legal action broke it loose. And no, you don't have to watch it, but here it is if you would like to witness a police execution unfold:

This next clip is of the UCLA student who was tased when he did not have his student ID with him. It's famous for the police line, "Back up or you'll get tased too" when students afterwards asked police for their badge numbers. It's pretty horrible to watch.

At UCLA, police freely chose to use a potentially deadly weapon when there was no threat to their safety whatsoever. The threat against the students asking for their badge numbers is troubling because it shows that they were willing to use their weapons quite casually. I hope they aren't allowed to take them home, just in case their kids act out or they get into a fight with their wives.

It's not just Tasers, of course. Police have used guns repeatedly in New York City against unarmed African-American men. The latest incident was last week, in which a man holding a hairbrush was pumped full of 20 shots. Also in New York, police showered 51 bullets at a black man leaving a bachelor party who was also no threat to anyone. At least in the latter incident, three officers will face charges.

What's important is to understand that interactions with armed law enforcement can turn deadly very quickly. These days they wield more than wooden batons.

Maybe this post will discourage confrontation. I hope it will lead the Governor or other authority to require that Tasers and similar weapons be left back at the police station if there is a ferry protest.

The Legislature should also debate banning these weapons from use in Hawaii. Capital punishment is illegal here, and Tasers can and do kill.

If I am overreacting, so be it—this post won't hurt anyone.

The old New York lower East-side joke, "Yes, we lose money on every sale, but we make it up in volume" is no stranger to Hawaii. Here, we pay through the nose for everything except interisland fares it seems.

At least, sometimes. We also remember being gouged when the airlines could get away with it.

First, when Mesa came to compete with Hawaiian and Aloha, they offered ridiculously low airfares to gain market share. They effectively broke the duopoly, forcing the other two airlines to match them. At one point, airlines were even throwing free tickets at us.

So what could be wrong with $29 ferry fares till December 21 and $39 though March 12? The vehicle fares are also darn cheap. After all, Superferry needs to compete with go!, Hawaiian and Aloha.

Watching the ferry run day after day to Maui may also polarize Oahu supporters against future Kauai protests. That's probably one reason why runs to Kauai have been postponed. Perhaps it is intended to defuse some of the protestors, who may become resigned to the position that the ferry can't be resisted.

Whatever the motivation, the low fares will excite many people, mostly on Oahu. Just as the initial $5 ferry fare was strategic, given the legal battle underway at the time, so are the new intro fares. They will no doubt pit Oahu residents anxious to take the SUV for a spin on Maui against Maui residents who have had to deal with crushing traffic even without a ferry.

The fares will be very tempting. When Mainland friends ask us where we go for vacation, since we live in "Paradise" already, we tell them that we go to the Big Island, of course. We love to visit the volcano and eat at the best Thai restaurant in the state, located nearby. Yes, we like it hot. But I digress. The point is that Oahu people love to visit the Neighbor Islands and are sure to try out the ferry.

The fares should indeed fill the ferry with fans, just as opponents are planning their next moves in the ongoing struggle. Anyone who protests will find Oahu even more strongly polarized against them because of the attractive fares.

Who knows what the effect of bulging boatloads of tourist vehicles will be. No doubt many Maui residents who were neutral on the issue will move one way or the other.

The tourists will come, day after day, and they'll be staying awhile. The concept that the impact is small because as many cars go out as come in is erroneous, because families stay multiple days. And even as they leave, they are replaced as new boatloads discharge into the harbor area.

So the math would be something like this: the number of new vehicles added as a result of Superferry operation will be approximately the average number of cars/motorcycles/mopeds on each trip multiplied by the average length of stay. That many vehicles are added to the island and the number may remain relatively constant.

What might be worse could be the newly discovered effect of weather on the barge used to load or unload passengers. I imagine it can't be used at all if the swell is too high. This could leave a huge crowd in the tent at the harbor unable to get on board and desperately looking for presently non-existent bathroom facilities.

If they can't get on board on their planned departure day, they could end up driving around the island like cockroaches looking for a place to hide. Maybe for a couple of days, if the ferry is full due to low intro fares or if the weather remains bad.

Who knows, maybe some disgruntled Oahu tourists will pick up signs and join the protest.
 

In the meantime, how about checking out Lee Cataluna's column in today's paper, Hey, BOE, move on to big things. I thought her article was so good that I don't even dare excerpt a paragraph here in blogging style.

Then visit Joan Conrow's Kaui Eclectic blog for questions on when the Superferry and Governor will take actions they promised, and more.

Doug Carlson wrote an article on disaster communications that appeared in today's Honolulu Advertiser. Read Hurricane 'Iwa — and a tale of lessons lost on their web page. You can see a picture of Doug without the top of his head cut off in the silly Advertiser print style (I'm a blogger so I can use superlatives like "silly.")  More important, you will understand that he takes disaster planning seriously and thinks that we should, also.

As you read, perhaps you'll get that deja vu feeling all over again recalling how the exact same situation Doug described with KGU and hurricane Iwa happened during the Big Island earthquake power failures with KSSK—no one had a direct number to get information to station personnel. Doug had to drive down to the studio to make an announcement because the phone lines were jammed.

Check out his blog for stronger views on the need for openness in Hawaii's disaster preparations. Doug has been the watchdog on this issue and won't let go.

He will also be the invited speaker at Kokua Council's November 26 meeting at Harris Church starting at 11:30. Plenty of parking and a cheap lunch should encourage you to drop in and hear his talk. He'll be speaking on "Hawaii’s Emergency Communications—Still in Intensive Care."

Doug has written a new book:

Me and Him Are Killing English! Speech Habits That Can Doom Business and Education Success by Doug Carlson Read more about this title...

Maybe he'll bring some copies to the Kokua Council meeting.

I don't know about you, but I get mildly annoyed when the Advertiser moves its comic page from the back of the Island Life section to the inside, and I have to look at a stupid full-page ad. Today's ad included a large and ugly picture featuring varicose veins. Who needs that. If it's not veins, it's bad teeth. Definitely the unpretty side of Island Life.

I am also too lazy to unpack the funny sideways business section, and so I usually don't bother looking at it. Today there was a picture of a Kliban cat, so I twisted my neck sideways to read the story.

It seems that Crazy Shirts will be bringing back those t-shirts that I like. I still have the one with the cat sleeping on the computer that I still wear even though the collar is frayed enough to be an embarrassment.

You can save a visit to the chiropractor by reading the story online here. Ian Lind also mentioned this welcome revival on his blog this morning.

I wonder if I'm the only one who has mostly given up on the Advertiser business section since they tried to be cute and imitate the Pacific Business News?

I'll leave the details to the paid reporters, I've got to do some other things this afternoon. Probably other bloggers will have something to say as well. Joan Conrow is quick—see her post here.

Plaintiff attorneys may file a motion to recover fees, the judge did not rule that they could not be paid because the law changed.

Certainly there will be an appeal, most likely there could be protests. It isn't over yet.

No one has asked the whales, obviously. But after attorney Isaac Hall said something (which I did not hear but read about in the live blogging over at Planet Kauai I thought I would check further.

Charley's note was:

[Attorney Isacc Hall:] Just informed today that DLNR has issued new whale policy that safe speed is 10 knots.

So I called Jeff Walters, the whale sanctuary co-manager. He might be as close to whale opinion that one can easily get. He would also know about any new policy.

Mr. Walters clarified that there is not a new policy, but DLNR has analyzed the data and has a new statement of fact, a new talking point.

Previously, if I understand this correctly, it was that collisions that occurred when a vessel was proceeding at less than 13 knots were less frequent and of less severity. Their recent review led them to change this. They found that at speeds less than 10 knots the data shows that there is significantly less injury or death. They could not talk about frequency because it's less clear, according to Mr. Walters.

He explained that it's not a speed limit. Each operator must make a decision about how fast to proceed. If there is a choice between 10 knots and 15 knots, for example, and it doesn't make a difference which is better, then it would be good to reduce speed to 10 knots.

Again, I didn't hear how the attorney presented this new fact. It is new, but it's a little different from what I thought before calling.

Of course, a law intended to protect the whales from Superferry collisions could set a speed limit. If it does that, what speed is best? In light of the new recommendation, should it be 13 knots or 10 knots or something else? I'll bet that whales, if we could ask them, would prefer the slower speed.

I'm glad I'm not a judge.

The hearing is in recess until 1:30 p.m. See previous post for info on how to follow the action on Maui.

I am trying to multitask and watch the Superferry trial on Maui via Akau's streaming video. Thanks to Akaku for doing this. While you are over on their web page, consider making a donation to support them. They've been doing a superb job, and no commercials!

If you can't stay tuned, check in at the Planet Kauai blog where the hearing is being live-blogged by Charley Foster. Once again, the blogs have stepped in to provide coverage of this important issue.

Probably many people expect that there will be protests should the Superferry sail before an EIS is completed. There's no predicting what will happen, nor at what level, nor how many people might be involved.

It could be as small as sign holding, it could be as large as a major confrontation in the water (I hope not).

One thing to watch will be a backlash among ferry supporters. I hope that vehicles are inspected for weapons, for example, before the ferry leaves the pier on Oahu.

And demonstrators on the far side might be vigilant. Supporters may become rabid with victory. Harbor police may act like cowboys eager to try out their shiny new equipment on demonstrators.

My hope is that the legal system will restrain the ferry so that the chance for confrontation will be eliminated.

In time, should the ferry run, supporters will quiet down. Especially if they are waiting in the holding area for the ferry, and discover that there are no bathrooms. Or if they arrive from Oahu as passengers and discover they can't rent a car.

Reality may set in all by itself. But right now, some of them may be dangerous. Neighbor Islands, beware.

A major insurer reportedly paid one of its workers big money in bonuses based on how many policy-holders she dropped. [Insurer Gave Bonuses For Dropped Policies?, Report: Health Net Senior Analyst Given Bonus After Dropping Hundreds Of Policies - CBS News]

(CBS) Hairdresser Patsy Bates is working through the pain -- the pain of living with breast cancer.

“I’m trying to live here, you know, I don’t want to die,” said Bates.

The pain of having almost $200,000 in medical bills because her insurance company, Health Net, pulled the plug on her policy right in the middle of her cancer treatment, reports CBS News correspondent Bill Whitaker.

“I had cancer, my life was on the line, and these guys did not care, did not care at all,” she said.

In fact, she was in the hospital getting prepped for surgery when she first learned Health Net was dropping her.

Bates is now suing the giant insurer for $6 million, causing the company pain.

Documents Health Net was forced to hand over reveal senior analyst, Barbara Fowler, single-handedly dropped hundreds of policy holders like Bates from the rolls every year.

This is one way that health insurers make money. I Hawaii they cut doctors' reimbursements and deny coverage. As a result of low reimbursements, Neighbor Islands are critically short of several medical specialties.

There should be bills introduced this coming legislative session to increase reimbursements and correct other abuses. So I wanted to capture this story, which is hot today, just in case anyone is feeling sympathetic for these insurance companies and their well-paid executives.

We'll come back to this issue soon.

The Molokai Dispatch began a series of articles on Monsanto's expanded GMO corn operation. The first article, Getting to Know Your Neighbor, begins:

You may have noticed a lot of red dirt and activity lately in the old pineapple fields of central Molokai. While a few lonely rows of corn here and there hint at what’s going on, there is a lot more happening below the surface of Monsanto’s expanded seed growing operation on Molokai.

The second article is to come, and they also published a discussion today, Genetically Engineered Organisms, Are They Safe?.

Seed crops are big business in Hawaii, which may surprise those who associate only pineapples, sugar cane, coffee, or mac nuts with the islands. This article, from a website pushing GMO technology, outlines the extent of recent growth. [The article originally appeared in the print edition of Pacific Business News, but countering other trends on the web, they won't let you have it unless you pay (or find it reprinted elsewhere, as I've done).]

The Dispatch seems to side with the GMO industry. In March it simply published a press release about the new 99-year lease signed for the land, owned by Molokai Properties. The concurrent Star-Bulletin article is more balanced, presenting the concerns that the Dispatch may be ignoring.

Related: The Myspace page for Stop Monsanto is here. Use Google to find positive articles on Monsanto GMO corn—they have been scattered all over the Internet.

KGMB aired a spot in yesterday's news (click here to view it on their web page) that has helped publicize an article of advice to potential Superferry protestors. Thanks to their coverage, the article reached a magnitude  larger audience than it would otherwise have had.

The KGMB news anchor, in a lapse of good journalism standards, described the article as a "radical message" and later as an "inflammatory letter." Maybe their writers were on strike or something. I'm sure, though, that their inflammatory description led many more people to look up the article (on the Surfer's Path website) than would have known about it otherwise. So I guess thanks are due to KGMB for spreading the word.

The article, by Jim Albertini and attorney Lanny Sinkin, while specific to the Superferry controversy, is not the only advice to protestors that one can find on the Web. Perhaps the best known example is the ACLU's "Know Your Rights Bust Card". 

The article includes information on probable reaction to protests and discusses various aspects of non-violent resistance. For those who may naively jump into the water in front of the Superferry or who may be tempted to challenge authority, getting advice in advance from this or other sources may help avoid injuries or possible death.

I don't think that the possibility of severe consequences should be taken lightly. We have seen increased militarization of law enforcement around the country. Here in Hawaii, Governor Lingle threw down the gauntlet by forming and publicizing her "unified command" and even threatening to sic Child Protective Services on families if children should protest.

It appears that the state backed up her verbal threats by ordering up protective body equipment and other stuff for the harbor police that I'm sure our troops in Iraq would be glad to have. See the State Procurement Office website for the  procurement request. 

The posted document specifically mentions that the equipment is to be used for harbor protests. And no, you can't get a list of the purchased equipment as a public document. I tried. The Coast Guard has put it under seal. I didn't know they could do that, but that's how it was explained to me.

In view of the militarization of the harbor police and the Coast Guard's stashing of equipment around the harbor area, anyone would be well advised to consult their own attorney, to read the posted letter, or to otherwise equip themselves with knowledge about what might happen to them under Lingle's "unified command."

Just the facts

Mark Twain said, “If you find an adjective, kill it,” in a letter to a 12-year-old boy. He seems to have had flowery language in mind. The same advice applies to news writing, whether in print or on TV. The KGMB story is just an example of sloppy journalism.

Just as conflict sells newspapers, it attracts the eyeballs coveted by TV advertisers. Objective journalism doesn't draw attention as well as, for example, calling something a "radical message" does.  By radicalizing one side, they've created conflict even before any protests have taken place.

Fact-based reporting is an ideal that TV may not want to achieve.

But thanks, anyway, KGMB, for drawing attention to the letter. And thanks also to Joan Conrow's article covering this and more, which alerted me to the KGMB video.

When I wrote Disaster unpreparedness yesterday I had only the breaking news item for reference. Today's papers reveal far more information. The articles describe a loss that was both tragic and avoidable.

Tens of thousands of books and rare documents on the third floor of the University of Hawai'i-Manoa's Hamilton Library are being moved to safer locations after heavy rain leaked through the roof.

Dozens of rare Tibetan scrolls were among the items seriously damaged by water during the weekend.

...

The latest damage was discovered Sunday after heavy rain Friday and Saturday in Manoa.

"It was like it was raining in the library," said Ann Rabinko, a reformatting specialist with the library's preservation department.

...

This area had existing roof leaks," [UH spokesman Gregg Takayama] said, referring to Phase I of Hamilton Library, which was built in 1965.

"Leaks have been a longstanding problem," he said.

In fact, buckets to catch leaks have been a common sight over the years on Hamilton's third floor. [University of Hawaii's library roof leaks again - The Honolulu Advertiser]

Buckets? To protect rare Tibetan scrolls? There needs to be an investigation of this.

While the library staff's responded quickly, the roof leak caused about $200,000 in damage that highlights a backlog of maintenance at the university, said interim University Librarian Paula Mochida.

Library employees had known about the leaking roof for years, and before Saturday's heavy rain, tarps had been hanging over books to collect dripping rainwater.

In the open stacks, several hundred books might have been seriously damaged by water, Mochida said. There has yet to be a value assessment.

"The library is just another example of neglect ... because we haven't been funded adequately," Mochida said. [starbulletin.com | News | /2007/11/08/]

"Library employees had known about the leaking roof for years???" If so, how come there were still books and valuable materials where they would inevitably be damaged?

The Star-Bulletin article mentions that the Sinclair Library roof is also leaking.

Sure, budgets are tight. If the UH can't move money around to get the roofs fixed at its iibraries, neither rare Tibetan scrolls nor anything more valuable than a comic book should be kept there.

We donated books and video tapes to the library when we came to Hawaii from Japan. I hope they are still safe somewhere. In the meantime, a little advice to donors: place your valuable materials elsewhere. The University of Hawaii has proven they are not competent to care for the valuable materials entrusted to them.

I enjoyed listening to presidential candidate Dennis Kucinch elaborate on why Vice President Cheney should be impeached. This audio clip is a news report on Kucinich's resolution from last night's WBAI news, reported by Jose Santiago.

Click here to listen

It's too bad that the University of Hawaii didn't fix their roof (see previous post) and library books were damaged. Changing the subject...

Everyone knows that Manoa gets a lot of rain.

Why is it that the rain is not used, but is allowed to cascade off roofs and onto the ground? Why don't we see little tanks under the eaves to hold rain water for flushing toilets, washing dishes, and doing the laundry?

The back of the valley (actually, it's a canyon) gets a lot of wind. How come it's not used for power? Click on the picture to learn more about the cute little home-sized wind turbine that could be yours.

I'm amazed that we continue to pay the highest rates for energy and use drinking water to flush toilets without planning alternatives. Think of the money that could be saved and put away for other purposes. Think of how much you'll be paying for water and energy in the future. Think of how you can get out from under those expenses and save the environment too.

This has been a public service message from Disappeared News. You're welcome.

The University of Hawaii knew that the roof of Hamilton Library was leaking. They planned to fix it. Next summer.

Now they're dealing with major damage and the additional expense of freezing and decontaminating a large number of books. The news is just out in this Advertiser story:

Emergency crews are removing books and other documents from the third floor of University of Hawai'i at Manoa's Hamilton Library, which sustained extensive damage tied to the recent heavy rains, according to a UH news release.

The damage is apparently caused by leaks in the roof of the library, according to the release.

A major roof repair project was scheduled to begin next summer.

Did they think it just wouldn't rain until next summer for their convenience?

This state did not inspect its dams, and when they broke, seven people were killed. The sirens don't work but we'll have to wait to fix them. The Governor convenes secret meetings on disaster communications so we (the people) had no part in the process.

In the end we are the ones who lose. Students have now lost access to the damaged books. Should a major storm hit, lives could be lost.

Have you been given an evacuation plan? Who has the keys to the shelter you're supposed to escape to? What about those in the care of nursing homes or care homes, will they be looked after? Why the same questions today as last year and the year before?

Where is oversight of the state's planning?

Maybe the Legislature could consider asking the Legislative Auditor to review the entire situation. The people need to know.

This time it was just books. Next time it could be worse.

Thanks to Scott for posting comments pointing us to the Akaku video of today's hearing. And of course, thanks to Akaku.

I haven't finished viewing the video, but it appears that the judge has set the next hearing on the motions for Wednesday November 14 at 8:30 a.m.

So mark your calendars. I hope Akaku is planning to cover that hearing as well.

Update: It seems that the state and Superferry (defendants) are in such a hurry that they've agreed to give themselves only about half a day to review the plaintiff's motions and prepare and file a response. If I understood the video (the quality wasn't too good on my computer), the plaintiffs will file electronically the morning before, and the state must file that afternoon (Nov. 13).

There was also some nasty business around taking away the plaintiff's attorneys fees if the judge should rule to eliminate the injunction, with the twisted logic that they will not have prevailed. This is our attorney general at work. Such a nice guy. If he loses, of course, he is still paid his salary.