Closing Arguments Made in the Surfrider Foundation Lawsuit to Open Martin’s Beach

Video from outside the court, after the trial

Attorneys for the Surfrider Foundation made final remarks during closing arguments of the Martin’s Beach trial today before San Mateo County Superior Court Judge Barbara J. Mallach.  It is now up to Judge Mallach to consider the evidence presented and render her decision. The Foundation expects a ruling from the court by mid-September.

“We delivered a very strong closing argument today,” says Angela Howe, Legal Director for the Surfrider Foundation.  “Surfrider brought this litigation to protect the public’s right of beach access, which is of the utmost importance for this precious spot on the San Mateo County coast and for all of California’s 1,100-mile coastline."

Mark Massara, longtime surfer and counsel for the Surfrider Foundation in this matter, was present today for the closing remarks with Eric Buescher and Joseph Cotchett of Cotchett, Pitre & McCarthy, who also represented Surfrider in the case before Judge Mallach.

“Let’s be crystal clear: even if one were to believe the tall tales that Vinod Khosla’s lawyers told today, and assume that everything they said about how the U.S. Government and Coastal Commission cannot be trusted, it would not change the fact that Khosla still has to apply for a permit,” declares Massara.

The Surfrider Foundation, the largest non-profit organization dedicated to protecting the world’s oceans, waves and beaches, challenged that the property owner, billionaire venture capitalist Vinod Khosla, violated the California Coastal Act when he closed the only public access road to Martin's Beach by putting up a gate and posted signage to deter visitors. (Complete timeline here)

Although an affirmative decision by the court would not restore public access directly, it would require the property owner to seek a permit for the development that has occurred and begin a public process to consider the changes to the property and beach access.  A decision in favor of Surfrider might also require the property owner to pay hefty fines of up to $15,000 per day into the state Coastal Conservancy coffers,. 

“We believe the judge will make a very informed, reasonable judgment.  It is clear that Mr. Khosla refused to go to the Coastal Commission and we are asking the court to order him to do so,” added Joseph Cotchett, counsel for the Surfrider Foundation.

Meanwhile, in the state legislature, a bill is still in play that also seeks to restore public access to Martins Beach.  SB 968 (Hill – San Mateo) would direct the State Lands Commission to work to negotiate purchase of an easement or right-of-way to facilitate public access to the beach.  If no such purchase is negotiated by 2016, the Commission could opt to exercise eminent domain to acquire the easement.  The bill will be considered by the Assembly Appropriations Committee when the legislature reconvenes in August.

Post-trial press coverage can be found on our Press page here.

Coastal Act Suit Goes to Trial

Who to himself is law, no law doth need,
Offends no law, and is a king indeed
- excerpt, The Tragedy of Bussy D'Ambois


The California Coastal Act is a law that was put in place to regulate development in a manner which protects and conserves California's epic natural and scenic resources on the coast. The law addresses a broad swath of issues from protection of habitat, water quality, coastal dependent uses, and visual resources, to maximizing public access to beaches. Arguably, without this very important law on the books, California's remarkable coastline would have long ago succumbed to unbridled economic exploitation and mass privatization.

Indeed, the Coastal Act has been challenged by formidable opponents with deep pockets and weighty influence, who have sought to do these very things. One memorable tiff involved media mogul David Geffen and his Malibu home on Carbon Beach. Although Mr. Geffen had agreed to an access easement along his property as a condition of a development permit, he later sought to close off public access to the easement. In the end, Mr. Geffen lost the battle in court and opened the gate to the accessway.


The latest battle involves another mogul--this time of the tech sector--who has closed off and deterred access to Martin's Beach.  Vinod Khosla, under the guise of two holding companies, bought the land adjacent to Martin's Beach in 2008 and closed off access to the public soon after.  The billboard advertising access was painted over, beach closure signs erected, and a gate that once opened for the public was kept locked except to residents possessing keycards.

As offensive as these actions are, they are made all the worse with the realization that they were done with full knowledge that they were illegal.  The representative of the holding companies was made aware of the existing public access associated with the property prior to purchase of the property, and was also informed that closing or deterring access would be an activity that required a development permit from the County and Coastal Commission.  (We learned this through discovery on our lawsuit...see video) 

But, as powerful people are sometimes wont to do, the law was ignored and access was closed without benefit of a permit.  Doubtlessly he reckoned that the only way that he would have to answer to these actions and forced to address this closure was through an enforcement action or a lawsuit brought against him.

Mr. Khosla was approached early on by Surfrider Foundation in hopes that the closure could be discussed and an amicable resolution to restore access could be reached, but alas Mr. Khosla was not responsive to this approach.  Instead, he relied on his lawyers to respond, and the response more or less said that the court would need to decide.  So Surfrider took him to task and sued for violation of the Coastal Act.

We are now days away from trial of the suit, which will take place at the San Mateo County Superior Court, this coming week of May 5.  We firmly believe that the actions taken constitute development, which require a permit, and are hopeful that the court will agree. If so, the Coastal Commission will finally have the opportunity to properly consider and address the access closure. Of equal importance, a message to future potential violators will be sent: California's beaches are not to be closed to the public. [Even if you have lots of money.]

We encourage members of the public to come out to the trial and support our suit (- wear blue!).  Check back here on Monday for the trial schedule and room assignment.

 

CNN Covers Martin's Beach Access Battle

Holy news coverage, Batman!  In the wake of the oral decision on the California Constitutional right to access case, involving Santa Cruz-based firm Redenbacher & Brown representing the "Friends of Martin's Beach" against the property owners of the land adjacent to Martin's Beach, there has been a notable spurt of news coverage about the access issue.  The issue has gone global! From the L.A. Times and SF Chronicle domestically, to The Register in the UK, to the Business Insider in Australia, to India West, and now to CNN. 

Check out the latest TV news coverage by CNN on our YouTube video channel, where you can also watch other videos about Martin's Beach.

Perhaps even more notable is some of the commentary following the coverage.  Certainly U.S. followers have had plenty to say about the ruling and the issue in general, but international readers are aghast that something like this--a billionaire landowner blocking public access to land and waters of the state--could be allowed to happen.  

Martin's Beach 5: Battle for the Beach

We've heard it before: a picture's worth 1000 words. 



By that logic, a film's worth would be exponentially greater.   

The rock stars over at The Inertia have been working for months on a documentary film about the battle to open Martin's Beach, and have sought to capture and convey the history of the beach, the beach's natural majesty, and the recent stories of those working to make the beach publicly accessible once again, all within the course of about seven minutes.  I'd say they did a pretty epic job.  The value of this film to tell the story of Martin's Beach, and of other beaches that have been suddenly closed to the public, is immense.

The value of an open beach to current and future generations of beach goers?  The ability to enjoy sun (or fog), sand, waves, fresh air, fishing, reliving old memories or making new ones?  Arguably, it's priceless.

What's the value of an open beach to you?
Click here to donate your money. 
Click here to lend your voice or donate your time.  

Check out the film here. 

Special thanks to Jonathan Bremer, Kyle Foley, Austin Murison,  Tyler Schmid, and David Pringle for putting it on the line for the rest of us, and to The Inertia for sharing their story.

Martin's Summer - 1997

Martin's Summer 1997 from konrad Wallace on Vimeo.

Pure. Unaldulterated. Fun.
Open Martin's Beach!


Archive footage of a fun day at the beach. Footage courtesy of Bruce Jenkins.