Montauk Pioneer - March 20, 2009 - Mo' Ferry, Mo' Problems

At the present time, there is just one place to go by ocean-going ferry from the South Fork of Long Island, and that is to Block Island, Rhode Island. Block Island is visible on the eastern horizon from Montauk Harbor just five miles off Montauk Point. So it is fitting that the ferry that takes you there leaves from Montauk Harbor. Many tourists go there. Bring your bicycle. There are no cars allowed on the Montauk to Block Island ferry. But a bike works because the island is small. And it is sure worth the trip. Block Island is a fairyland, completely unlike anything in the Hamptons.

For more than 20 years, the ferry to Block Island has been run by Captain Paul Forsberg, a longtime resident of Montauk. In ships the size of fishing boats, running at 8 or 10 knots, it can take about two hours to get there. And in bad weather, that can be pretty rocky. That is how he got there at first.

Around 15 years ago, Forsberg noticed that there was a battle underway between the Cross-Sound Ferry Company and East Hampton Town about allowing that ferry company to build a dock on the isolated arc of Napeague Beach between Amagansett and Montauk and carry ferries filled with cars and trucks to it. The local newspaper in East Hampton vigorously opposed this. It did not pass many people's notice that the owner of the paper at that time lived about 300 yards down the deserted arc of that beach from where the dock would be built. Joined by the Town and others, the result was that the Cross-Sound Ferry Company backed away from that plan. In fact, a town law was passed that prohibited the landing of ANY ships that might carry automobiles to anywhere in East Hampton Township. This was a pretty controversial law. What about the necessities allowed in the U. S. Constitution for interstate commerce by boat? Could a Town law stand when put up against that?

Although Cross-Sound Ferry had given up after that law was passed, Forsberg decided that just maybe this would be the right place and the right time to make a challenge. He envisioned himself having a regional car ferry service based in Montauk not only to Block Island, but to New London, to Orient Point, to Martha's Vineyard and Nantucket.

Was it an idea whose time had come? Forsberg decided to just forge ahead. Without telling anybody, he ordered that a big 140-foot ship be built with four 600 horsepower engines capable of carrying a load of cars and passengers at 22 knots. Worst case, if they wouldn't allow any cars, he could either take it out charter fishing as the most luxurious experience imaginable or carry lots and lots of passengers at very high speeds to Block Island, his regular route, in only an hour. And waves be damned. Best case, he was in the serious car ferry business.

The ship, built in Florida far, far from East Hampton, was finished in 2002 and, in a grand entrance, with flags flying, appeared one day in June of that year at Montauk Harbor. It was called the VIKING SUPERSTAR. It is there today.

(Forsberg is the kind of guy who would say, "Boy, I just can't wait to see the look on their faces!")

Forsberg immediately announced that it would be fitted up to carry cars. The Town immediately issued a stop order. The result of that was that since the Town had the police and Forsberg did not, the ship sat. On the other hand, he could use it for the Block Island run, passengers only. It is on that run today.

In 2007, Forsberg filed a multi-million dollar lawsuit against the Town saying that the interstate commerce laws should prevail over dumb local laws.

The Town countered by announcing that any ship that had engines of more than 2,000 horsepower were banned. Meetings were held. The Town gave way to the extent that they would allow that the VIKING SUPERSTAR could be used so long as more than 2,000 horsepower were not fired up in Town waters. Forsberg could do that by running at a lesser speed. Then, at the 1,500-foot Town jurisdiction limit, he was off to the races.

At the beginning of all this, Forsberg was joined in the lawsuit by the Town of Southold, which felt that East Hampton was not doing its fair share in hauling people and cars around in the oceans and bays of Long Island. Shelter Island also joined the lawsuit briefly, but then backed off because of the cost. Many people going from East Hampton to Orient to take the existing ferry to New London, go via Shelter Island, just using the island as a doormat to get from point a to point b. There should be a ferry from East Hampton to Orient direct.

Federal Judge Sandra Feuerstein took on the matter a year ago, and after a month or two of hearings and testimony, announced that East Hampton was right and Forsberg was wrong. Forsberg appealed. And he got back in the fray by the ruling from the appeals judge. A part of the decision was now ruled in Forsberg's favor. It would have to go even higher.

Three weeks ago, the matter landed in the courtroom of Judge Feuerstein again. There were three days of hearings. And now a decision is expected on this matter sometime after April 1.