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(Copyrighted and printed with permission of The Suffolk Times) Ferry suit defeat Although ferry foes may view a federal court ruling overturning a challenge to the Town of East Hampton's ban against new ferry service as a dark cloud, some see a silver lining in the decision's language. Ruling on Dec. 21, U.S. District Court Judge Sandra Feuerstein dismissed the constitutional challenge filed by the towns of Southold and Shelter Island with the Cross Sound Ferry Company of New London against East Hampton's 1997 code preventing new ferry service anywhere in the South Fork's easternmost community. The suit was based on the argument that in denying the potential for a new ferry landing, East Hampton's code unfairly burdens Shelter Island and the North Fork with traffic, much of which is heading to the South Fork. The ferry company has long argued that a large percentage of its ridership originates in the Hamptons. But in her ruling, Judge Feuerstein said any traffic congestion and related difficulties experienced by the two towns predate the East Hampton law. The towns, the judge wrote, "are also unable to show that a decision from this court striking down the ferry law would ameliorate their alleged injuries." The judge also dismissed Cross Sound Ferry's (CSF) claim that the code is discriminatory in that it prohibits all new ferry service, not just those engaged in interstate travel, as is CSF. In response to the ruling, ferry company attorney William Esseks of Riverhead said, "We think it's in error and look forward to an appeal." Any appeal would be brought to the U.S. Second Circuit Court of Appeals, a three-judge panel in Manhattan. Southold Town officials declined to comment. Southold has also filed a State Supreme Court action against CSF, which it claims is not in compliance with local planning regulations. The town is seeking an injunction to force the ferry to return to pre-1995 service levels. That's when CSF introduced the Sea Jet high-speed ferry service, a favorite of riders heading to either of Connecticut's two casinos. In response, the ferry claims the injunction would put the company out of business and leave the town liable for damages of over $123 million. Although the towns lost the first round of their federal case against East Hampton, Judge Feuerstein's ruling may have provided a window of opportunity for Southold to consider new legislative restrictions on CSF's operations. Throughout the decade-long battle between CSF and the town, the ferry has steadfastly maintained that as a business engaged in interstate commerce, it is not subject to local limits. But in upholding East Hampton's law, Judge Feuerstein suggests otherwise. "The ferry law was clearly enacted to further a legitimate local purpose: the promotion of the health and safety of East Hampton's residents," the judge wrote. Echoing concerns raised on the North Fork and Shelter Island, the East Hampton ferry ban includes language saying the code is a response to "congestion on the town's highways [that] has become an increasingly serious threat to public health and safety and to the economic vitality and general liability of the town." Southold Town and ferry opponents say they have no interest in shutting down Cross Sound, and are instead seeking to control its growth. The judge also refers to the "findings and objectives" section of the East Hampton ferry law, which says the code was passed, in part, in response to "the popularity of very large casinos established on the Connecticut mainland ... which has greatly increased traffic," a concern shared by some on the North Fork. The judge wrote that since the law's purpose "was to protect against increased traffic and ensure the health, safety and economic vitality of East Hampton, the casinos were additional proof of the need for concern." The judge also cited a previous court ruling that found that "travelers do not have a constitutional right to the most convenient form of travel. Minor restrictions on travel do not amount to the denial of a fundamental right that can be upheld only if the government has a compelling justification," she wrote. East Hampton Supervisor William McGintee, who was not in office when that town enacted its code, said the decision shows "that you can certainly protect your constituents." He also dismissed the suggestion that East Hampton is adding to the North Fork's and Shelter Island's traffic burden. "The horse was already out of the barn," he said. "Southold already let the ferry expand. I don't see how they could hold us responsible for their decisions."
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