Surf instructor sues Newport Beach over trampling upon his constitutional right to teach surfing!

"The 14th Amendment to the U.S. Constitution also prohibits the city from favoring certain similar beach activities over others."

You learn something new every day, they say, and this morning, I learned that surf instruction may just might be constitutionally protected, enshrined in both the First and Fourteenth Amendments plus, possibly, the Fourth. Jason Murchison, founder of Learn to Surf, is suing the Southern California hamlet of Newport Beach in federal court, alleging the bureaucrats, there, are stomping all over his surf instruction rights.

In his filing, Mr. Murchison claimed, “Aside from being unfair and anticompetitive, the city’s actions are also unconstitutional and unlawful. Under the First Amendment to the United States Constitution, the city cannot prohibit Mr. Murchison from instructing others on how to surf. The 14th Amendment to the U.S. Constitution also prohibits the city from favoring certain similar beach activities over others.”

All the fancy law talk ain’t just a coinkydink. Before embracing the surf instructor life, Mr. Murchison was a Navy diver then a lawyer but gave up his practice to teach the sport of kings. His beef with Newport Beach extends back to 2016 when the city ticketed him for teaching the aforementioned sport of kings without a city contract and sued him in state court.

It was settled in 2017.

Newport Beach City Attorney Aaron Harp released a statement declaring, “I was surprised that a separate lawsuit was filed related to this matter because the city has been litigating similar issues with Mr. Murchison for years.” He added, “Overall, protecting the public by having rules and regulations that govern how public property is used by private companies is good for everyone and the city will continue to allow independent contractors (that follow the rules) to provide services to the public in Newport Beach.”

According to Courthouse News Service:

Murchison’s claims include violations of his First Amendment right to freedom of speech and his Fourth Amendment right to equal protection, illegal monopolization of surf and stand-up paddle board instruction, attempted monopolization of surf instruction, and violation of the California Coastal Act.

Who knew that the Founding Fathers were so into stopping the “illegal monopolization of surf and stand-up paddle board instruction, attempted monopolization of surf instruction.”?

Something new everyday.

The Fourteenth Amendment grants citizenship, prohibits discrimination and punishes states that restrict voting rights amongst other protections, for the constitutionally-curious amongst us.