A Big Island attorney yesterday asked for a temporary restraining order in federal court to block the Coast Guard from setting up a new federal security zone in Nawiliwili Harbor on Kaua'i when Hawaii Superferry is expected to return Wednesday.

Lanny Sinkin, the attorney, also is arguing that the Coast Guard acted improperly in establishing the emergency rule.

Sinkin, who also has filed a petition against the security zone with the Coast Guard, brought the suit on behalf of 22 people, including some of the protesters who went into the harbor last month to stop the ferry.

Sinkin is questioning whether the emergency rule is valid because the effective dates — Sept. 1 to Oct. 31 — are listed in the preamble of the rule's publication in the Federal Register but not in the rule itself.

Sinkin also believes the Coast Guard is improperly applying emergency powers intended to protect harbors from terrorism or sabotage to protesters using their First Amendment rights.

"They've used it, basically, to suppress free speech — suppress First Amendment rights — and make it possible for a business to make a profit," Sinkin said at a news conference outside the federal court. "I don't think that regulation was intended for either one of those purposes."

The Coast Guard did not respond to a request for comment late yesterday. Coast Guard officials have said previously that security zones are set up in a variety of circumstances and are used to protect public safety.

The Coast Guard sought the emergency rule after protesters first delayed and then blocked the ferry from entering Nawiliwili Harbor. The security zone will close off much of the harbor 60 minutes before the ferry arrives and 10 minutes after it departs. A separate security zone exists 100 yards around the ferry.

The Coast Guard also has set up a designated protest area off Kalapaki Beach, with plans for an ocean boom to deter protesters from paddling or swimming into the harbor.

Gov. Linda Lingle has warned protesters not to obstruct the ferry when it returns. The governor and the Coast Guard have vowed that people will be arrested and prosecuted if they violate the security zones.

Lingle is scheduled to be on Kaua'i tonight for a public meeting on Superferry.

State Rep. Hermina Morita, D-14th (Hanalei, Anahola, Kapa'a), who has sought an environmental review of Superferry, yesterday said Lingle should be prepared to respond to questions that go beyond the security zone at the harbor.

"I think the community has a lot of questions regarding the entire EIS process and, you know, (the state's) steadfast position that they're correct and that the Supreme Court is wrong in its interpretation of the law," she said last night.

Lingle has defended the state Department of Transportation's February 2005 decision exempting Superferry from an environmental assessment.

The state Supreme Court has ruled that the state needs to do an environmental assessment, which has led to court challenges on Maui and Kaua'i seeking to stop ferry service while the review is being done.

Morita also said an informal complaint she filed against Superferry with the state Public Utilities Commission has been rejected and that she is considering a formal complaint.

Morita and others have questioned whether Superferry's operating certificate is valid given the Supreme Court's ruling. The commission had put a condition on the December 2004 certificate that Superferry show it has complied with all federal and state laws, including the environmental review law.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.