"Throwing rocks, running people over with
surfboards in the water, etc."
Coronavirus, Coronavirus, Coronavirus, Coronavirus,
Coronavirus, Coronavirus, Coronavirus, Coronavirus,
Coronavirus, Coronavirus, Coronavirus, Coronavirus, Coronavirus,
Coronavirus, Coronavirus, Coronavirus, Coronavirus, Coronavirus,
Coronavirus, Coronavirus, Coronavirus, Coronavirus, Coronavirus,
Coronavirus, Coronavirus, but do you remember when other worries,
large worries, loomed over our days and kept us awake at night?
Worries like if those who identify as non-binary had suitable
bathrooms and unchecked localism at Los Angeles’s Lunada Bay?
Well, a lawsuit against the notorious “Bay Boys” is being
allowed to go forward and its formerly sealed
complaints have just been made public.
Should we waltz back to a simpler time when an un-permitted
stone fort and name calling represented the sum of our terror?
Without further ado, I present Spencer v. Mowat.
Lunada Bay is a premier surf spot, located in Palos Verdes
Estates [a rich suburb of Los Angeles, south of LAX -EV]. The
Lunada Bay Boys are alleged to be a group of young and middle-aged
men, local to Palos Verdes Estates, who consider themselves to be
the self-appointed guardians of Lunada Bay. One of their tenets is
to keep outsiders away from the surf location through threats and
violence.
Plaintiffs are non-locals who have tried to surf Lunada Bay,
but encountered harassment by the Bay Boys. They brought suit
against the Bay Boys and more than a dozen of its individual
members. Two of those members filed motions to dismiss under the
anti-SLAPP law (Code Civ. Proc., § 425.16), arguing that the
allegations against them were based on protected speech and
petitioning activity. The trial court denied the motions,
concluding that the allegations against the moving defendants were
actually based on a conspiracy to commit assault and other torts.
Those defendants appeal, and we affirm….
The operative complaint is the first amended complaint. The
plaintiffs are two surfers, Corey Spencer and Diana Milena
Smoluchowska-Miernik, and Coastal Protection Rangers, a non-profit
dedicated to protecting California’s beaches and ensuring they are
safe and accessible to all visitors.
The defendants are the Lunada Bay Boys, a number of its
individual members, including appellants Michael Thiel and Charlie
Mowat, and the City of Palos Verdes Estates. Thiel and Mowat are
the only defendants who are appellants in this appeal. Our
discussion of the complaint’s factual allegations will therefore
focus on their conduct, although some understanding of the general
allegations is necessary….
Broadly speaking, plaintiffs allege that the Lunada Bay
Boys, sometimes with the tacit approval of City officials who did
nothing to stop them, engaged in what is known as “localism”—a
practice of keeping outsiders away from the surf site through
threats and violence. {The complaint alleges more than just tacit
approval on the part on the City; it alleges that the City used its
discretion to enforce municipal laws in a manner that discriminates
against outsiders, and ignored requests of the California Coastal
Commission to make Lunada Bay more accessible to the public. As we
are only concerned with the anti-SLAPP motions of Thiel and Mowat,
we do not further discuss the allegations against the
City.}
The complaint alleges that the Bay Boys have “blocked public
access to the beaches of Palos Verdes Estates, Lunada Bay in
particular, for over 40 years. In what is a multi-generational
practice of extreme ‘localism,’ and using rules established by the
‘older boys,’ the Bay Boys use physical violence, threats of bodily
harm, vandalism to visitor[s’] vehicles, verbal harassment and
other intimidation to enforce their unwritten rule: ‘If you don’t
live here, you don’t surf here.’ Indeed, members of the Bay Boys
believe it is ‘disrespectful’ for outsiders to visit, use or even
photograph ‘their’ beach.”
The Bay Boys, specifically including Mowat, were alleged to
have built and maintained an unpermitted masonry rock and wood fort
seating area, known as “Rock Fort,” near the beach. “The steep
switch-backed trails that lack proper improvements act as perfect
pinch points, which the Lunada Bay Boys use to block access to the
shoreline. From the Rock Fort and the bluffs above, the Individual
Members of the Lunada Bay Boys orchestrate illegal activity that is
intended to keep the public away. Some of the more egregious
tactics include: (1) physically obstructing outsiders’ access to
the beach trails; (2) throwing rocks; (3) running people over with
surfboards in the water; (4) punching outsiders; (5) stealing
outsiders’ wallets, wetsuits and surfboards; (6) vandalizing
vehicles and personal property, including slashing tires and waxing
pejorative slurs onto vehicle windows; (7) levying threats against
outsiders; and (8) intimidating outsiders with verbal insults,
gestures, and threats of serious injury.”
Due, in part, to the local police’s claimed unwillingness to
pursue complaints against the Bay Boys, the individual plaintiffs
and other would-be surfers who allegedly were harassed by the Bay
Boys were often unable to identify the specific individuals who
harassed them. As a result, certain allegations of the complaint
simply name the “Individual Defendants,” a designation which
includes Thiel and Mowat. For example, the complaint alleges that,
“Individual Defendants intimidate visiting beachgoers with threats
and taunts, by taking photos and video of beachgoers, and by
congregating near the entrances to both [trails to the beach].” The
complaint also alleges a conspiracy amongst the Bay Boys: “For many
years, The Bay Boys have conspired to commit wrongful acts for the
purpose of keeping outsiders from coming to Lunada Bay. The
agreements between the individual members of the Bay Boys are made
orally, in writing, and are implied by the conduct of the
parties.”
The causes of action alleged against the Bay Boys and its
individual members (including Mowat and Thiel) include public
nuisance, assault and battery…..
The allegations against Mowat and Thiel are that, as members
of the Bay Boys and “Individual Defendants,” they participated in
the conspiracy. However, thanks to discovery in a related federal
action, plaintiffs obtained records of some text messages among Bay
Boys, and, based on those messages, made some specific allegations
regarding participation in the conspiracy.
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