Access restrictions
ACCESS RESTRICTIONS
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CASE STUDY
In addition to protecting surf zones, it is essential to guarantee public access to the coast. Such access is crucial for surfing and other recreational activities. Often, public access to the coast is codified in national or state constitutions and regulatory codes. For example, the California Constitution (Article 10, Section 4) guarantees the right of public access to marine areas and navigable waters, including harbors and beaches. The state's Coastal Act further asserts the right to such access and describes the goals of maximizing public access to the coast and fostering recreational opportunities for the public in coastal areas. According to the law, the California Coastal Commission is reponsible for carrying out these goals, even guaranteeing that any nearby development allows such access. However, in practice, coastal access is not always respected or enforced. This is especially apparent when private development occurs near the coast: in cases like this, public access is often impeded by efforts to limit and monetize it.
1.1 SAN MATEO, CALIFORNIA
Over the past several decades, the Surfrider Foundation has achieved numerous victories in defending public access rights to California beaches. In 2016, the organization challenged the unauthorized private gates blocking beach access at Strands Beach in Dana Point. Perhaps most significantly, however, the organization successfully defended public access in San Mateo County. This case, which arose in 2010, i kown as Surfrider Foundation v. Marins Beach 1 & 2, LLC. The conflict began when beach gates were closed, security was installed, and signs were changed to permanently exclude the public, thereby fulfilling the wish of a wealthy private landownerwho had purchased the land surrounding the beach. Surfrider defended surfers whi were arrested for alleged trespassing on the privatized beach, and did so by invoking public access provisions guaranteed in the California Coastal Act.
Surfrider filed a lawsuit under the Act in 2013, which was won in a trial court in 2014, as well as in federal court in 2017. Thereafter, Surfrider achieved a landmark victory when the Supreme Court ruled in its favor in 2018 and dismissed the last opportunity for appeal available to the property owner. The victory set a powerful precedent for public beach access in California and provides an excellent example of successful organizational and citizen activism that ensures such access is protected.
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HOW CAN YOU TAKE ACTION?
● Identify regulations related to public property and public spaces such as beaches.
● Consult with municipal authorities about accessibility to beaches and the sea.
● Ask the municipality if there is a locally approved coastal zoning.
● Find out if it is possible to defend fundamental rights related to access to public spaces and resources.
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HOW CAN YOU JOIN THE CAMPAIGN?
Find more information and participate in one of Surfrider's many active beach access campaings throughout the United Statess. Find a list of these campaigns here.