A government body may regulate, abridge or control a basic right If it is not targeting one group over another If it shows a compelling need to govern.

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Presentation transcript:

A government body may regulate, abridge or control a basic right If it is not targeting one group over another If it shows a compelling need to govern This permit requests to regulate the right of free assembly, to enter public land and restricts access to the ocean Projects are required to submit EIR reports and CEQA filings to show that “compelling need” in the case of ocean access.

There could have been a case made for part time restriction of public access to a trusted beach It could have been, to show a part-time measure would still honor Joint Use. It could have been, to show it still allowed sharing the terms of the trust without ascendancy of one over the other. It could have been, with a statement of public value over cost and inconvenience.

None of these were done in the original Permit And they certainly cannot be done for a permanent everyday forever restriction. The enlargement of an abridgement of public rights from partial to complete requires a compelling need to govern. The permit conditions contain no measurable purpose or justification.

“To create a buffer between people and seals” How many more seals are estimated to be made available for the public good by this measure? How many seals have been injured by people at the Children’s Pool? How many people have been bitten by seals at the Children’s Pool? How big is this buffer? Where are its boundaries?

No justification is offered The Courts have found rope barriers to be an augmentation of colonization of that public beach A court ruling stated the placement of a “….rope barrier cutting off public access to the Pool," along with other various restrictions, "served to deter the public, beneficiaries of the trust grant, from using the beach," No safeguards for other beaches have been offered.

Please return this thing to the City Council To add to the permit request, the compelling reason it must encroach on the public’s right to visit this beach under the terms of the 1931 amended trust. To consider anomalies brought by the public at this hearing To define what public benefit it confers great enough to overshadow the Local Coastal Plan and the State Constitution