Palos Verdes Estates settles surf localism lawsuit, agrees to make Lunada Bay welcoming to public

Palos Verdes Estates has agreed to put out a welcome mat to its coveted Lunada Bay surf spot and and pay millions of dollars in attorneys’ fees to resolve a lawsuit accusing city officials of failing to stop the territorial Lunada Bay Boys’ decades-long bullying and harassment of out-of-town surfers.

Under a consent decree approved Friday, Sept, 20, in Los Angeles Superior Court, the city must install new walkways, benches, signage and other amenities at Lunada Bay, which is known around the world for its epic, localized winter waves and the infamous locals who have jealously tried to keep it for themselves.

The improvements will make the city and the state’s stance clear: Lunada Bay is open to everyone.

‘Best path forward’

“The City Council is committed to ensuring compliance with the California Coastal Act and public access to our beaches,” said Kerry Kallman, Palos Verdes Estates city manager, in a statement. “Likewise the City Council does not tolerate harassment, bullying or any form of localism at any of the City’s beaches.

“Based on the decade of legal action and court rulings that have wavered between supporting the City’s position and disagreeing with it, we believe the best path forward for everyone is to resolve this matter.”

Under terms of the consent decree, the city is required to add improvements at Lunada Bay and along its blufftop over the next two years to make the area more “inviting and welcoming” to the public, while still retaining its natural look and feel. That includes a defined trail for hikers, dog walkers and surfers, as well as stone benches, drinking stations and signage describing how to reach the beach and that it is very much open to the public.

Palos Verdes Estates also will be responsible for performing regular sweeps to prevent any makeshift structures or equipment storage on the land and must immediately address complaints of bullying and surf localism.

$15,000-a-day fines loom

Failure to comply could result in penalties of up to $15,000 per day. City officials reportedly feared the case could lead to a “nine figure” judgment that would potentially bankrupt the small but exclusive bedroom community. Palos Verdes Estates is home to about 13,300 people and operates on a budget of less than $40 million annually.

The city is still expected to pay $1 million to $4 million in attorneys’ fees, according to court filings.

The settlement takes “tens of millions of dollars in liability off the table” and avoids the high costs of continued litigation, according to the city’s legal counsel, Christopher Pisano.

“The city was facing an existential financial risk if the case ultimately had gone against the city,” Pisano said in a statement. “This settlement resolves the matter with the addition of modest amenities, which will be designed to maintain the natural feel of the blufftop, and a promise that the City will continue to vigorously enforce the laws protecting coastal access. This is a win for the City given the structure of the beach access laws and the uncertainty of the legal outcome.”

Suit filed in 2017

The original lawsuit, filed in 2017 by two surfers harassed by the Lunada Bays Boys, accused the city of turning a blind eye to the surf group’s well-known intimidation of visiting surfers — and even of assisting at times by targeting visitors with parking tickets and towed vehicles. The Bay Boys, infamous for their aggression, built an unpermitted rock fort into the cliffside of the public beach and allegedly attempted to run off anyone they felt did not belong.

For decades, out-of-towners have complained of various acts of intimidation at Lunada Bay, including slashed tires and other vandalism of their vehicles, verbal threats and sexual harassment. Some were pelted with rocks and dirt clods as they headed down the bluffs to the beach and many were cut off in the waves by local surfers once they reached the water.

Thirteen of the Bay Boys named in the case agreed to stay away from Lunada Bay for a year or more, or to pay individual settlements ranging from $25,000 to $90,000. A 14th Bay Boy was dismissed from the case upon the court’s approval of the consent decree.

A trial court judge initially removed Palos Verdes Estates from the case in 2020, but an appellate court ruling last year dragged the city back in when it broadly interpreted the California Coastal Act, enacted in 1976, as prohibiting “all impediments, whether direct or indirect, physical or nonphysical” to the public’s right of access to the state’s beaches.

“We conclude a change in the access to water brought about by an organized scheme of harassment of, or similar impediment imposed on, those seeking access may be just as much a change in access to water as one brought about by a physical impediment,” wrote Presiding Justice Laurence Rubin of the Second District Court of Appeal at the time.

‘Monumental’ precedent

Attorneys for the plaintiffs and the California Coastal Commission applauded the decision at the time and called it a potentially “monumental” precedent that would force cities across the state to confront the aggressive and territorial behavior of local surfers, referred to as surf localism.

“We are pleased and support any steps to make sure the public beach is clearly available to the public, and to ensure that Lunada Bay, like the rest of California’s coast and ocean, is safe and welcoming for visitors regardless of their ZIP codes,” said Kate Huckelbridge, executive director of the California Coastal Commission, in a statement.

The outcome in the Lunada Bay case should serve as a warning to other beach cities, said Kurt Franklin, one of the attorneys representing surfers Cory Spencer and Dana Reed. Spencer, one of the plaintiffs, allegedly had his hand sliced open when a Bay Boy ran him over with a surfboard, while Reed was allegedly sexually harassed by a member of the group who exposed himself.

“We think municipalities up and down the coast will be paying attention because of this case,” he said.

Franklin described the consent decree as a “win-win.”

“If bad actors show up, we’re convinced the city is taking it seriously now,” Franklin said. “If they don’t, we’ll follow up with them.”

Complaints about harassment at any of the city’s beaches must be forwarded to the police chief, the city manager and the California Coastal Commission, Franklin said. At the same time, the physical improvements to the area will make it more inviting, which means more eyes on Lunada Bay in general, he said.

‘Look forward to a partnership’

“This is good for beach-goers,” he said. “We’re confident that it is going to solve a decades-long problem and look forward to a partnership on this.”

The City Council voted unanimously to accept the terms, according to Mayor Dawn Murdock.

“There is no doubt residents who have been tracking this matter for years will either be relieved or frustrated by this outcome,” Murdock said in a statement. “The city has been through a rollercoaster of rulings on this lawsuit, and as we looked into the future, we simply saw nothing but more legal fees and uncertainty.

“Our focus needs to be on resident priorities and it’s good to no longer have this matter consuming valuable resources.”