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(Reprinted with permission in its entirety from Eddie’s Corner, the weblog of Eddie Rose, at www.eddierose.org)
In a great victory for the people of California, a San Diego Superior Court has struck down a Dana Point city ordinance which illegally attempted to restrict access hours to Dana Strand Beach.
Duh! What part of PUBLIC beach don’t these city fathers (and mothers) understand? PUBLIC beaches are just that. They belong to all of us—not just the elite homeowners who happen to live next to the beach.
The City of Dana Point, under the guise of “nuisance abatement”, enacted its ordinance in an attempt to circumvent the Coastal Act, which was approved by California voters nearly 40 years ago. Cities are not above the law. As the Court correctly ruled, if a city wants an exemption (from the Coastal Act), it must first obtain a coastal permit just like everyone else.
The Honorable Eddie Rose
Former Laguna Niguel (CA) City Councilman
“A Voice—Not an Echo”
The last I heard was that he gazillionaire homeowners blocking public access are not abiding by the courts ruling.
What is going on with that now?
Junior, if that is true it is likely a criminal violation subject to prosecution. Environmental laws including the Coastal Act have severe and immediate penalties for violation.
Watch for homeowner encroachments, from turf with irrigation to decks and patios, to sneak out onto that public beach property over time. Newport Beach does not have the guts to stay on top of this problem in their jurisdiction, and you can expect the same from the City of Dana Point. Owners of multi-million dollar beachfront properties are not people that local electeds want to alienate through enforcement actions directed at them. Maybe the Coastal Commission will stay on top of this potential, I sure hope so.
ADDENDA—
(1) Despite the Court’s ruling (see my post above), the City of Dana Point has REFUSED TO TAKE DOWN THE GATES LIMITING PUBLIC ACCESS TO DANA STRAND BEACH. The City of Dana Point, its City Councilmembers, City Manager, and City Attorney should all be held in CONTEMPT OF COURT for their illegal actions.
(2) On a recent visit to the idyllic Hanalei Bay on the north shore of Kauai (HI), we observed that elite beachfront residents are refusing to obey the clearly-posted “NO DOGS ON BEACH” signs. They brazenly walk their dogs on the beach and in the water, allowing their dogs to relieve themselves. The purpose of this, of course, is to dissuade visiting beachgoers (that’s us) from using “their” beach. And, of course, despite the signs, local law enforcement does NOTHING to enforce the law, despite the fact that, aside from the clear violarion of the law, it also poses a health and safety hazard. Kind of gives new meaning to the term “business as usual”.
Eddie Rose
Hm.. Eddie, you’ve got my imagination going. An Orange Juice contingent, to go visit that beach? What tools will we need, exactly, to take down those gates? I look FORWARD to any legal controversy that would come from that, and to associating our blog with it!
Eddie, if this is real give me any info you have and I am more than happy to take this to the coastal commission. I am usually fighting them tooth and nail, but this would be one time when we are on the same side.