HUNTINGTON BEACH — Huntington Beach should know by the end of the week whether the city, along with Dana Point and several area businesses, will be able to reopen their beaches with their own restrictions.
City Attorney Michael E. Gates said a two-hour hearing was held Monday where all arguments were made and the judge said he would likely issue a ruling toward the end of the week.
"Under the California Constitution and other state laws, clearly the city and its city officials have the authority to manage the beaches and open and close them," Gates said in an interview with the Southern California Record. "And working with the county — not the governor. It’s just really an issue that the governor can’t suddenly step in, almost unannounced, and close our beaches. He hadn’t communicated this with us ahead of time or expressed any concerns or anything like that."
Gates said Huntington Beach, under its own leadership, was managing the pandemic well.
"We had certain modifications for access to the beach already in place, including beach parking lots were closed, Huntington Beach Pier was closed, those who went onto the beach were asked to socially distance and things of that nature," Gates said. "So we were already managing the situation well and it was effective. The governor stepping in was arbitrary and capricious and didn’t have a rational basis. He said he was solving a problem that didn’t exist."
Gates said if the judge were to rule in the governor's favor, the court order would mean that the governor is permitted to place conditions on beach access, and the city would have to adhere to them. If he rules in favor of the cities, they can continue with their own restrictions.
"It’s important to know that this isn’t simply about beaches being open or closed," Gates said. "Even though some are saying the beaches are reopened, they’re not. They’re only partially reopened."
Gates said the governor is still imposing a tremendous number of conditions on access to the beaches — including requiring those who are attending the beach to be actively exercising, rather than engaging in recreational uses like sitting, watching the surf or sunbathing, which are prohibited.
"Even in the governor’s plan, it’s not a good plan and it’s not workable for Huntington Beach," Gates said. "This legal fight isn’t about the beach access as much as it’s about our local officials, our city council, our fire chief, police chief and marine safety officers. We’re the ones who know better on how to manage the crisis here in Huntington Beach because we’re on the ground and we’re seeing it with our own eyes. That’s what the community elects their leaders for. This is about local control and honoring and defending the Constitution."
The case was filed by Huntington Beach, Dana Point, Balboa Bay Club Ventures, Pacific City Investments, Lido House and Lounge Group Inc. in Orange County Superior Court. The case is currently before Judge Nathan Scott.