Writer/Surfer
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Imagine if this was illegal? Dana Point reeler. Photo: Photo: Quinn Matthews.

Imagine if this was illegal? Dana Point reeler. Photo: Quinn Matthews.


The Inertia

For the past three years, the city of Dana Point has unlawfully prohibited beach access during daylight hours at Headlands Reserve.  Recently, a court ruled that the city had acted impulsively and arbitrarily when they installed locked gates, restricting beach access during the day.

In March of 2010, the Dana Point City Council voted to restrict access to the mid-Strands vista gated accessway between 8 am and 5 pm, a violation of the California Coastal Act. The Surfrider Foundation’s Orange County Chapter was the first to act by striking down on the urgency nuisance ordinance enacted by the City of Dana Point, which included a police report including “speculative sex parties,” “homeless encampments,” and “vandalism” as reasons for the restricted access. A trial court ruling found this evidence to be “pure speculation,” and “entirely lacking.”  Headlands developer Sanford Edward, along with the City of Dana Point, appealed the trial court judgment.

In June of 2011, the Superior Court of San Diego ruled that the city’s reasons for restricting access were unfounded. An order was passed down to dismantle the gates and apply for a coastal development permit, which was ignored.

The City of Dana Point put in a Petition for Review of the appellate court’s decision, which was rejected by the California Supreme Court on September 11th – meaning that the order for public beach access will stand.

Surfrider, its members, and the general public are all currently unlawfully being denied beach access during daylight hours at the Headlands Strand and Mid-Strand beach access points, and have been denied that for over three years. The California Constitution and the Coastal Act guarantees public beach access.

Unfortunately, this case is not unique. Beach access has been an ongoing battle in multiple communities along the California coast. “It amazes me that it took years for this outcome to be finalized and that the city even petitioned the Supreme Court for review,” said Rick Erkeneff, Chairman of the Surfrider Foundation South Orange County Chapter. “This is great news for beach access throughout the State of California and other states in the U.S,” he continued.”If this access would have been restricted in this way, through this ‘legal ruse,’ it would have allowed cities to arbitrarily restrict public access and circumvent the Coastal Act in California.”

 
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