Friday’s deal appears to herald the end of the Bay Boys’ six-year reign over the greedy waves at Lunada Bay, famous for opening out in an unbroken, sleepy straight line.
The City of Palos Verdes Estates has agreed to a series of measures to improve public access to the bay and “strictly enforce” beach access laws so that all surfers can surf in peace.
The settlement was reached between the city and two surfers, Corey Spencer and Diana Mirnik, who filed a lawsuit in 2016 accusing the city of tolerating intimidation tactics used by the surfing group to prevent non-members from accessing the waves.
These alleged tactics included slashing car tires, throwing mud puddles at surfers coming down cliffs, and throwing punches in the water. Spencer claimed that while surfing in 2016, a member deliberately ran her over with a surfboard, slicing her arm open.
The suit also names twelve alleged members of the surfing group as defendants. Most have already reached separate settlements with the plaintiffs, agreeing to stay off the coast for a year or pay fines ranging from $35,000 to $90,000, or a combination of both, according to court documents.
Under the consent decree, the city agreed to improve the path along the bluffs, add signs that beach access is open to all and install rock benches along the bluffs.
The ordinance also requires the city to conduct regular cleanups of the area to ensure there are no unwanted developments, such as the notorious Gang Fort, which was formerly used as a base for tide control. The city removed the fort in 2016 after significant pressure from the California Coastal Commission.
In addition, City employees must receive regular training on beach access laws and all allegations of abuse must be reported to the City Police Chief, City Manager, Head of the Coastal Commission, and the Southern California Law Enforcement Supervisor/Manager.
Violating the agreement can result in fines of up to $15,000 per day.
Friday’s move was welcomed by the California Coastal Commission, which has been challenging the city for more than a decade against the Bay Boys.
“We welcome and support any measures to ensure that the public beach is clearly accessible and to ensure that Lunada Bay, like other California beaches and oceans, is safe and welcoming to visitors, regardless of their zip code,” said Kate Hackelbridge, executive director of the California Coastal Commission.
Palos Verdes Estates Mayor Dawn Murdoch was more forthcoming, saying some residents will be relieved and others disappointed by the deal.
“The city has gone through a series of resolutions regarding this lawsuit and as we look ahead, we see nothing but more legal fees and uncertainty,” Murdoch said in a statement. “Our focus must be on residents’ priorities and it is good that this issue does not consume more valuable resources.”
The city has agreed to pay between $1 million and $4 million to settle the plaintiffs’ fees. The exact amount will be determined later.
City officials cited the potential cost of losing the lawsuit as the main motivation for settling. Palos Verdes Estates is a small municipality with about 13,000 residents and an annual budget of less than $40 million.
The city did not concede to the plaintiffs’ claims in the settlement.
Attorney Christopher Pisano, who represented the city in the case, said Palos Verdes Estates faces “existential financial risk” if it loses. “This settlement achieves certainty by eliminating the risk of tens of millions of dollars of liability and avoiding the high costs of continued litigation,” Pisano said.
