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Surf Instructor (pictured) protected by the Constitution of the United States of America.
Surf Instructor (pictured) protected by the Constitution of the United States of America.

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.

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SoCalSurfer

Welcome to Balboa in 2020s.
Ironically most local residents are retired & paler than snow!

Onefootnbarrelino

Deport the VALs!!

notsurfingtoday

I am in europe, and can assure you there’s a shitload of american expats buying up property and having the time of their lives.

Shredy Kruger
Happy Camper

sounds like Murchison’s envelope was not significantly stuffed

tim_nelsen

e’m a marine biologist…did you fwd the Metz porject to me ’cause still have it…somewhere. titliest~

deeks

What’s lower than a lawyer ?
The surf instructor holding him down

Capt Sensible

Surf schools belong in wave pools.

Brutus

now I get it, the 14th amendment show yes the people have rights…..but I think the 14th woke amendment has been cancelled by Hair dun ny….so please proceed with caution as you could get deported to a country south of you…or Guantanamo Bay is a very nice resort this time of year???

Rocks local

Cuba is holding

Barton Lins

AMÉRICA and it’s problems…

channelbottom

Sounds like the city had a limited number of permits to do xyz and he didn’t get one this year.
Cue: Waaaaaaaambulance.

Otto

Determined to be held in contempt by just about everybody, except Jason.

notsurfingtoday

So tired of these americans and their stupid constitutional rights.

Jason

People love to be told what to do by the government in OZ…worked well during covid.

Chief Hot stuff

Not people, lefties.

notsurfingtoday

Never been to oz, lovely place it seems. Laws are shit until the moment when you actually need them.
Are you the jason from the article? You think “surf school” businesses can just operate freely in any given stretch of coastline?

Skippy

i’m conflicted, after decades of back issues i’m being pulled reluctantly to the disdainful sup so i will need some instruction i suppose

Barnycle

Sups are fun. Just stick to touring and stay away from any waves that have surfers around.

Skippy

i was thinking how fun it will be to mow down a mfer or two

Beef & Beer

Yeah but has this failed navy diving lawyer got Dennis Dennuto in his corner ?

https://uploads.disquscdn.c…
If so, tell him he’s dreeeamin’…

Noncompetitor

Sounds like City of Newport Beach needs some I Hate Surfing coffee mugs! Doing God’s work

Barnycle

I’ll throw in my unsolicited two cents. In a fair society, I think that a surf school should have a permit/license to operate a business (charge money) in a certain area/city/county/whatever. A little bit of regulation. I’ve seen it done successfully in small, Tico towns and it worked to protect the interests of locals. Should be the same for Newport.

I can, though, see it being annoying if a person is unfairly prevented from being properly considered for a permit/license. I can also see why those freedom loving Americans would be annoyed at not being able to do whatever they wanted wherever they want.

This is some premium level BG fare. Keep us updated, as this constitutional lawyer/navy seal/ surf coach escalates this right up to the Californian Supreme Court.

Com Turren

The guy’s name does not come up on the Cal Bar website and he went to some one-room, unaccredited law school in Orange (which means he couldn’t have gotten his license in any State outside of California), so I don’t know how he’s supposedly a lawyer.

Rocks local

the lawsuit seems to dance around whether he was ever actually licensed or just had a “dream” that he gave up to pursue his bigger dream, namely helping VALs practice their stinkbug stance

Rich Marx

The fact he was able to graduate law school and pass the bar makes him look like someone responsible/together enough to get a contract with the city to run surf lessons.

Rocks local

the pass the bar part is a little fuzzy, not clear whether he made it that far

Barton Lins

You are a real Nerd! Hahahahaha

Com Turren

says the guy rooting for Felipe😂

Barton Lins

FIlipe. And JJ, my favorite Surfer.

tim_nelsen

‘let’s host a constitutional convention and ovethrow rules enacted by Surf City and that spot a lil further south…I’ll throw in $50M...” Gavin Newsom

Gilbert Gil

Sad day

Gil Gunderson

How ya doing Gil Gil?

Barrelled

Surf instructor bringing a lawsuit is about as low as life gets.

Jason

Id say having over 4300 comments on this website is lower…

Brutus

ouch , that was below the BG belt…..good to someone counting…

NEGATRON

And someone trolling said bottom feeder sits where?

Jason

4299 less bizarre pointless comments…

Mike

Start your own anti Beach Grit and invite us😎

NEGATRON

That’s 4297 now Bud.

Barton Lins

so good! The guys are ‘locals’, with plenty of time to spare and ignorance to share

Otto

You’re Mooch’n son

Mike

Wonder what his release of liability form looks like?

tim_nelsen

appropo? comment image


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