A settlement was reached this week that appears to herald the end of the Bay Boys’ six-decade reign over the coveted waves at Lunada Bay, famed for unspooling in a dreamy, unbroken right hand line.
The city of Palos Verdes Estates has agreed to a series of steps to improve public access to the bay and “vigorously enforce” coastal access laws to ensure that all surfers can shred in peace.
The agreement was reached between the city and two surfers — Cory Spencer and Diana Miernik — who filed a lawsuit in 2016 accusing the city of turning a blind eye to the bullying tactics employed by the surf gang to prevent nonmembers from accessing the waves.
These alleged tactics included slashing car tires, throwing dirt clods at surfers descending the bluffs and full-on fistfights in the water. Spencer alleged that while he was surfing in 2016, a member deliberately ran him over with a surfboard, slicing open his wrist.
The lawsuit also named 12 alleged members of the surf gang as defendants. Most of them have already reached separate settlements with the plaintiffs, agreeing to stay away from the beach for a year or pay $35,000 to $90,000 in fines, or a combination of the two, according to court documents.
Read more: Who are the ‘Bay Boys’?
The city has agreed to make improvements to the pathway along the bluffs, add signs indicating that beach access is available to everyone and install stone benches along the bluffs, according to the consent decree.
The decree also requires the city to perform regular sweeps of the area to ensure there are no unpermitted developments, such as the notorious rock fort the gang previously used as a base from which to rule the waves. The city dismantled the fort in 2016 after significant pressure from the California Coastal Commission.
In addition, city staff must receive regular training in coastal access laws, and all allegations of bullying must be reported to the city’s chief of police, the city manager, the Coastal Commission’s chief and its Southern California enforcement supervisor/manager, according to the consent decree.
Violations of the agreement could result in fines of up to $15,000 a day.
Friday’s settlement was applauded by the California Coastal Commission, which has been urging the city to stand up to the Bay Boys for more than a decade.
“We are pleased and support any steps to make sure the public beach is clearly available to the public, and to ensure that Lunada Bay, like the rest of California’s coast and ocean, is safe and welcoming for visitors regardless of their ZIP Codes,” said Kate Huckelbridge, executive director of the California Coastal Commission.
Read more: Beach fort erected by ‘Bay Boys’ surfer gang will be demolished, Palos Verdes Estates officials say
Palos Verdes Estates Mayor Dawn Murdock had a more muted response, noting that some residents will be relieved and others frustrated by the agreement.
“The City has been through a roller coaster of rulings on this lawsuit, and as we looked into the future, we simply saw nothing but more legal fees and uncertainty,” Murdock said in a statement. “Our focus needs to be on resident priorities and it’s good to no longer have this matter consuming valuable resources.”
The city has agreed to pay $1 million to $4 million toward the plaintiffs’ legal fees. The precise amount will be determined at a future date.
City representatives cited the potential cost of losing the lawsuit as a primary motivation for reaching the settlement. Palos Verdes Estates is a small municipality with about 13,000 residents and an annual budget of less than $40 million.
In entering the agreement, the city did not admit to the plaintiffs’ claims.
Attorney Christopher Pisano, who represented the city in the case, said Palos Verdes Estates was facing an “existential financial risk” if it lost. “This settlement achieves certainty, taking the risk of tens of millions of dollars in liability off the table and avoiding the high costs of continued litigation,” Pisano said.
This story originally appeared in Los Angeles Times.
Source Agencies
