Long Island Ferry Concern Eyes Martha's Vineyard for
Possible New Route

By James Kinsella
Gazette Senior Writer

Owners of a Montauk, N.Y., ferry company have launched a federal
lawsuit that could open the way for car ferry and fast ferry service
between Long Island and Martha's Vineyard.

In the lawsuit, entities with ownership interests in the Viking
Fleet want to strike down a ban by the town of East Hampton against car
ferries and fast ferries operating out of Montauk harbor.

The plaintiffs argue that the ban violates the constitution by
effectively restraining interstate travel and commerce. They also argue
that the fast ferry ban regulates business activity and is not a
legitimate exercise of East Hampton's zoning powers.

The plaintiffs include Francarl Realty Corp., which owns the
terminal at Montauk from which the Viking ferries operate.

At present, a Viking passenger ferry visits Oak Bluffs once or twice
a summer, according to Oak Bluffs harbor master Todd Alexander. The
ferry uses Terry McCarthy's private dock in the inner harbor, the
same dock used by the Hyannis-based Hy-Line ferry company.

Oak Bluffs officials yesterday expressed concerns about increased
ferry service to their town and the Vineyard in general. Mark London,
executive director of the Martha's Vineyard Commission, said he
believes a new ferry operation would qualify as a development of
regional impact that would be reviewed by the commission.

"Everyone wants to run a ferry," Mr. Alexander said
yesterday. "It's unbelievable."

Because the service would originate from outside Massachusetts, the
Steamship Authority would have no say in its approval, SSA general
manager Wayne Lamson said yesterday.

The lawsuit, filed last month in United States District Court in New
York city, specifically identifies the Vineyard as one of Viking's
out-of-state destinations.

The complaint does not say whether Viking plans to run car ferries
or fast ferries to the Vineyard. Viking officials yesterday were
unavailable to comment on what ferry service the company would seek to
offer if the court knocks down the East Hampton ban. The complaint also
does not identify a particular Vineyard port for Viking service.

The plaintiffs do state that they "are ready, willing, and
able to, and desire and intend to, operate one or more existing or
additional ferries, each of which can or will be able to carry motor
vehicles and their passengers . . . . between East Hampton and other
ports and places out of New York state, including but not limited to
Connecticut, Rhode Island and Massachusetts."

In 1997, the East Hampton town board adopted a local law to forbid
the siting of a vehicle ferry terminal anywhere in that town. The local
law also banned dockage for fast ferries in East Hampton.

A section states the law was enacted in response to "very
large casinos established on the Connecticut mainland near New London,
Conn." The reference is to the Foxwoods and Mohegan Sun casinos
operated by Indian tribes in eastern Connecticut.

"The ferry law," the complaint states, "has forced
and continues to force substantial interstate commerce and travel
between East Hampton and other ports and places outside New York state
to be undertaken through longer, more time-consuming, and expensive
routes."

The complaint continues:

"The vehicle ferry ban and fast ferry ban have caused and
continue to cause Viking plaintiffs and Francarl to suffer lost business
opportunities and lost profits . . . . The vehicle ferry and fast ferry
ban impose direct competitive and financial harm on the Viking
plaintiffs and Francarl."

The complaint asks the court to nullify the bans, enjoin East
Hampton from enforcing the bans and award Viking and Francarl damages
and attorneys' fees and costs.

Gregory Coogan, chairman of the Oak Bluffs board of selectmen, said
this week that he would have concerns about any increased ferry service
to the town.

"We're not anxiously soliciting ferries at the
moment," Mr. Coogan said. "We seem to have our fair
share."

Earlier this month, the Oak Bluffs selectmen signed off on a
proposal by Hy-Line to operate a year-round fast ferry between Hyannis
and Oak Bluffs. Patriot Party Boats already operates a year-round
service between Falmouth and Oak Bluffs.

This week, the Steamship Authority resumed seasonal vehicle and
passenger ferry service to Oak Bluffs from Woods Hole. The Island Queen
is scheduled to resume seasonal service from Falmouth to Oak Bluffs
later this month. Vineyard Fast Ferry, which operates seasonally between
Quonset Point, R.I., and Oak Bluffs, also is scheduled to resume service
later this month.

"I would hope that somebody would come to us" from
Viking, as have other ferry companies, Mr. Coogan said.
"They're already in the planning process. That concerns
me."

Selectman Kerry Scott questioned whether the Vineyard would want to
take a chance on doing anything that would hurt the Steamship Authority.

Also, Ms. Scott said, "We have to look long and hard at our
carrying capacity. What's the Vineyard's carrying capacity?
Another car ferry? I don't think so." A passenger-only ferry
might be another story, she said.

Ferry service from Long Island could be a good thing, Ms. Scott
said. But, alluding to the tale of the goose and her golden egg, she
said the Vineyard should handle the question very carefully.

"We don't have any regulatory authority over
them," said Vineyard SSA governor Marc Hanover, about the Viking
operation.

He questioned whether the New York and Long Island metropolitan
market would support the high fares he said would be needed to move
passengers or vehicles from Long Island to the Vineyard, let alone the
extended hours that the trip would involve.

Still, competition is competition. If SSA ridership was increasing,
Mr. Hanover said, he would be less concerned about a new ferry service.
But a six per cent decline in ridership in each of the past two years
has forced the boat line to look closely at even small increases in
competition, including the Pied Piper proposal to operate a ferry with
40 or fewer passengers between Falmouth and Vineyard Haven.

Mr. Lamson said it is possible that the Steamship Authority could be
open to leasing the use of one of its Vineyard vehicle docks to Viking.
"Nothing like that has been discussed," he said.

"Fast ferries are the wave of the future," Charlie
Donadio Jr., the owner of Vineyard Fast Ferry, said yesterday.
"Obviously, they'd have some ridership from there."