La Jolla Seal Controversy

Legal Documents

Seals, Sharks, and us

Ellen Browning Scripps Trust

Public Health

Space

 

Space

   
HOME
MISSION
PHOTO GALLERY
SEAL REHABILITATION
HISTORY
WATER SAFETY
SCIENTIFIC STUDIES
CITY OF SAN DIEGO REPORTS & LETTERS
FEDERAL REPORTS & LETTERS
WHAT DO SEALS REALLY THINK OF DIVERS?
HARASSMENT EMAILS
COMMENTARY
HOW TO DEAL WITH CONFRONTATION
Order "La Jolla, A Celebration of Its Past", signed by the author.
TIMELINE
PROOF THE SEAL COLONY WAS BUILT AT CHILDREN'S POOL
 

Regular folks pitched in to fund the cause. The City and Coastal Commission use your tax money. The people's only recourse is the court. FoCP has no paid employees. Your donation goes solely for lawsuit costs and are tax deductable. FoCP is a 501(c)(3) federal non-profit. Your information will not be shared.
 

Children's Pool was to be the best protected beach in California after we sued the City of San Diego and the California Coastal Commission and won. We gave them the reasons we would win. Click to see the evidence yourself. The lead domino was let stand a little longer.

Click to see the judgement against the City first refuting City and the Coastal Commision. By involving the Coastal Commission San Diego escalated to the State level and agreed to pay all legal expenses of the Coastal Commision and the office of State Attorney general they called on. Access to South Casa Beach, La Jolla Cove, Pacific Grove, and every other beach in California is at stake. The City and Coastal Commission doubled down with an appeal and our legal reply to their frivolous appeal that let the City evade the law is found here. But the appeal judges did not review the first decision. Their reversal is found here. This is very bad for California because it makes California assume responsibility and costs and land use loss instead of making the feds take responsibility for the messes they have made.

The appeal judges started over with a separate legal sub-system called their "standard of review". In that system, California rejects federal pre-emption found in the MMPA, and allows the Coastal Act to be considered in a vacuum, making Commissioners and local staff to be judge and jury of themselves. Only the state supreme court can deal with opposing state legal systems, so we must go there. With a little help.

The Coastal Commission is making an incredible power grab, on City taxpayer money. They claim because they are appointed by legislators to carry out an act of the legislature, their decisions and actions are not subject to review by the courts. And they can carry out sections of federal law where they beleve the feds have fallen short. The CCC claims to impunity are found here. The City's ascendency claims over federal law are found here.

City officials stole the Pool from the Children of San Diego for profit and convenience. The City deliberately skuttled alternate proposals that would allow shared use to work such as the(Lifeguard Plan). NOAA/NMFS warned San Diego in January 2014 ( See Letter) that taking the Marine Mammal Protection Act into its own hands was a violation of federal law. The City figured correctly NOAA would take no action. But WE did.

If you can help prevent barring citizens from public beaches, press a Donate button, or use your own Paypal account, to focp@san.rr.com. Or eliminate the 2% fee - send a check to Friends of the Children's Pool / 3090 Admiral Ave, San Diego, CA 92123.
**DONOR NAMES WILL NOT BE RELEASED FOR ANY PURPOSE**

Note the Coastal Commission clearly knew better. They added the requirement to the closure permit that San Diego taxpayers must fund any legal expenses caused by the closure permit. With San Diego funding, they want the right to arbitrarily close any inconvenient beach in California.

DISCLAIMER: Nothing we can do would force seal removal, only to force the City to find a better way to manage shared use within the law. The seals had prospered for over 20 years sharing habitat with people. If the City still insists shared use is impractical, it can revert to restoration of Children's Pool as orignally entrusted, not buried under 10' of sand. OR, San Diego must repatriate the seals to the wild, for their safety, per federal recommendations and procedures. San Diego had no right to create a pen for them on State trusted land to exploite them for a tourist attraction.
Bar

 


Email us at focp@san.rr.com