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FOLF Legal Action
On the morning of November 15, 2007, we commenced a legal action in the California Superior Court in Santa Cruz County. (See the case we filed.) The basis for our case
is that the California State Parks is required by California law to study and if necessary mitigate negative impacts of a significant land use change. The presence of a vibrant supportive community in Lighthouse Field and Its Beach has many positive environmental, cultural and public safety benefits. The removal of that community will have significant negative impacts to the park and surrounding neighborhood. The dispersal of 3000 or more off-leash park users to other locations will have unstudied impacts on those locations and on city traffic.
State Parks has taken over the management of Lighthouse Field and Its Beach for the first time. Despite repeated requests, State Parks has failed to study or plan for any of these impacts. We are therefore asking the Court to require State Parks to comply with the law before it carries out this land use change. Our case documents the 50 plus years of traditional off-leash usage, the severe negative impacts to be expected if this land use change goes forward, and State Parks' failure to give proper public notice, obtain public input, study and plan for the change.
At a preliminary hearing on November 19, 2007, State Parks committed to the court that there would be virtually no citations for off-leash violations until March 15, 2008.
On January 9, 2008, the State Parks General Counsel and the California Attorney General
succeeded in preventing the full merits of our case from ever being heard. In a confusing decision, Superior Court Judge Burdick agreed with the State Parks position that by "action of law" State Parks has no discretion to authorize continued off-leash recreation, and so our case could not continue to a full hearing. This seems to fly in the face of the plain wording of the law. (See our analysis of the applicable law.)
However given the cost of fighting an appeal, and considering the success we've
had in keeping up the motion for other solutions -- including the City's moves
towards acquisition of the park from the State -- we've decided to focus our
efforts on a political settlement, while we continue to monitor our legal
options as circumstances change.
Keep Using the Field and Beach OFF-LEASH!
We are an active community and have been for over 50 years. (And we've documented this. See the Tradition of Off-Leash Use Survey.) We will not concede to being displaced or driven out. Off-leash recreation in LFSB
is critical for our health, well-being, culture, safety and quality of life. Our
presence provides a net benefit to the park and surrounding neighborhood, even
for people who do not have dogs. This did not change as of Nov. 16! Please
continue to enjoy off-leash recreation during the traditional compromise usage
hours (sunrise to 10:00am, 4:00pm to sunset). Information is available here about using the field and Beach at this time and what to do when/if you receive a citation.
Let Politicians Know What You Think
It is important to keep the pressure on. The State would actually like to get rid of this small city park, which they are unable to properly manage. The City wants to take it, and preserve off-leash recreation. But the current situation is unacceptable, and they must both be responsible. TELL THEM WHAT YOU THINK. Click here for where to write.
Our Commitment
On behalf of the thousands of responsible people with dogs, Friends of Lighthouse Field intends to re-double its efforts to preserve Lighthouse Field and Its Beach for off-leash recreation in order to preserve our community's quality of life, protect the park and maintain public safety.
Donate to defend your access
to Lighthouse Field and Its Beach
Donate Online
or send a check to:
Friends of Lighthouse Field
849 Almar Avenue, Suite C-PMB414
Santa Cruz, CA 95060
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