Making a whole town exposed to lawsuits may force
'em to police the beach. Wouldn’t it be fun to be on the
Anti-Localism Surf force?
Is your town responsible for your
behaviors?
Will Taps be played over localism
forever?
A California appeals court on Tuesday resurrected the lawsuit
against the city of Palos Verdes Estates filed by two Los Angeles
County surfers. The suit claims that the city of Palos Verdes is
liable for injury to the surfers at the hands of the local Lunada
Bay Boys, “America’s most notorious surf gang,” according to
Newsweek.
This would mark the first time that a municipality, not an
individual, would be held responsible for acts of localism.
If you are unaware, here’s the short of it:
A group of locals hailing from the well-heeled Palos Verdes
estates compelled outsiders to surf elsewhere through various
techniques. Rocks tossed, tires slashed, surfers finned, hurt
feelings and the like.
Things boiled over in 2016 when former Los Angeles police
officer/current plaintiff Cory Spencer and filmmaker/model Diana
Reed sued members of the Lunada Bay Boys for assault, claiming that
the boys were nasty to them.
Spencer states that one of the Boys ran him over while in the
water.
The original suit went after members of the Bay Boys; A new suit
is going after the city.
At the center of the litigation is the rock fort the Boys (men)
built. The structure served as all around hang-out and ground zero
for the alleged terrorist acts. In addition to serving as a place
to gather, drink beer and grill meat (a euphemism?), the fort acted
as a barrier to visitors, restricting free access to the beach and
its waves.
Spencer’s lawsuit claims that the city allowed the rock and wood
fort, now deconstructed, to stand, knowing that it acted as the
bees’ nest of intimidation.
Spencer and his attorneys claim that the city basically
“conspired with the Bay Boys essentially to privitize Lunada
Bay.”
Because Palos Verdes Estates knew of the structure but failed to
have it removed until after Spencer’s assault (twelve of the Boys
agreed to keep out of the Bay for one year or pay up to ninety
grand), they might be liable for damages as well.
According to the California Coastal Act, the creation of a
structure such as the rock fort on any public beach is considered
“development” and requires approval and strict planning process,
which the town obviously did not do.
“The city, as landowner,” the appellate court stated, “violated
the Coastal Act by maintaining the unpermitted rock fort on its
property for decades.”
The city of Palos Verdes has maintained that they were steadfast
in monitoring the area, keeping it safe for all.
However, the suit could spell trouble for Palos Verdes Estates
and potentially any other municipality in California with localism
issues. After all, who cares if one or two guys get arrested and
fined a few bucks for fighting on the beach.
But making a whole town exposed to lawsuits may make city
councils sit up straight.
It also may force towns to police the beach a bit more. Making
sure everyone is smiling and such.
(Wouldn’t it be fun to be on the Anti-Localism Surf force? I’m
dreaming of uniforms already.)
Now, a word about both parties:
The Lunada Bay Boys— the moniker whips up more impressions of
chiffon and leather boardshorts with tap shoes in the evening than
it does a surf gang— don’t have the legal right to keep anyone away
from the waves. Some might see the Bay, however, as their house and
every house needs a solid door with keys.
But…
Matt Warshaw’s Encyclopedia of Surfing notes that
“visiting surfers since the early 1970s have
had rocks thrown at them while walking down the cliffside Lunada
trail, and returned from the water to find their car windows broken
and their tires slashed — the work of local surfers, the sons
of millionaires, determined to keep their break free of
outsiders.”
If Spencer and Reed hadn’t filed suit, these incidents have
remained sub rosa. And Spencer’s lawsuit only asks that the city
“pledge to keep the beach open to everyone, install a few signs,
maybe a few benches.”
But…
Could Spencer also not find a more hospitable place to surf near
his home in LA?
Some might consider his actions too extreme. We used to just
pack our trauma into a country song, but now we’re in therapy,
running into the arms of lawyers.
“Show the court on this doll where the city hurt you.”
We’ll see where this all goes.
For now, the lesson can be simply to stay away from grown men
playing in forts in the sand.
