La Jolla Seal Controversy

Legal Documents

Seals, Sharks, and us

Ellen Browning Scripps Trust

Public Health

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MISSION / HOME
PHOTO GALLERY
SEAL REHABILITATION
HISTORY
WATER SAFETY
WITH RESPECT TO THE ENVIRONMENT & SEALS
SCIENTIFIC STUDIES
CITY OF SAN DIEGO REPORTS & LETTERS
FEDERAL REPORTS & LETTERS
WHAT DO SEALS REALLY THINK OF DIVERS?
HARASSMENT EMAILS
COMMENTARY
HOW TO DEAL WITH CONFRONTATION
video of APRL defying police
TIMELINE
PROOF THE SEAL COLONY WAS BUILT AT CHILDREN'S POOL
Take the harbor Seal Quiz!
Seal Release
A Children's Book:
The Tale of Silly Seal

 

 

The land grab is now after more than Children's Pool. Filner proposes to gut the La Jolla Local Coastal plan of public recreational access safeguards to get Children's Pool closed. Public notice and request for public comment was sent to selected "interested Parties" on April 18th. The City's plan was presented to the La Jolla Community Planning Association 5/2/13. The LJDPC refected it, but will consider it again June 12.

The CP is the lead domino before the conversion of all La Jolla beaches. Guards were assigned 24 hour surveillance duty there to protect perfectly capable animals from nothing. The Constitutional guarantees of public access to the ocean are being swept aside, endangering all of San Diego's greatest treasures. That is the big deal. The seals can stay, we can share.

We had to file suit against the City and Mayor because he rewrote the Children’s Pool rope Coastal Development Permit with an imaginary procedure.  He had the rope lengthened to squeeze the mandated public access opening down to 3’ to complete the illusion the beach is legally closed.   (He has promised to later make the temporary advisory rope barrier be all year, and enforced)

Do you care? Would you contribute to needed legal defense in the face of City Hall outrages?
Only if forced, will the Mayor consider altenatives. Such as: The Lifeguard Union plan.

(Check the new website, where you can send a petition to the authorities).

If you would help prevent barring citizens from our public beaches, press that gold Donate button above, or use your own Paypal account, to focp@san.rr.com. The button also allows credit cards.

The  Mayor closed the beach at night in response to a staged seal abuse event though it looked exactly like a classic PETA stunt.   He issued himself a new emergency permit to close the beach and told the Coastal Commission (CCC) afterward he could do it because the CP is under local jurisdiction.  (It is not) And the local CCC office ignored the violation.   He has seized the power to do anything to any coastal tideland.   Because he did it on State trusted tidelands, if he gets away with it, no beach will have Coastal Commission protection. The beach legally still remains open public land as it has been since 2004.

 The rope extension alone was so blatant the City Attorney had sent out a Memorandum of Law advising of the perils of legal liability.    He was ignored.   We filed that memorandum with our case.   The Coastal Commission chose not to protect the public or itself, so it was "do or die" for Coastal Beach Access.  The Coastal Commission had stipulated earlier CP was under its exclusive jurisdiction .    La Jolla Cove will be easy to set aside next for a sea lion reserve. South Casa beach is a seal rookery now, where seals bear and bring their pups to be with people, showing their trust.

Anybody can still go anywhere on CP beach that does not disturb a seal, regardless of any rope across it. The public is intimidated by a sham. The Planning Commission has been sued a second time for doing its job analyzing the rope correctly as an illegal impact on public access. This time the City Attorney abandoned them completely. It would nullify safeguards in place for all San Diego coastal land developments. That office announced it would present no evidence or argument to defend them, so we had to intervene in court. We can win this one with your help($).

We ask there be real Shared Use, and enforcement of existing law to facilitate it. The City can't afford to continue its legal misadventures that violate the 1931 Trust and the Coastal Act. We have to share. It can work. Most people learned to share in kindergarten.  

The Coastal Commission met on Wed, 7/11 about San Diego's plan to cordon off Children's Pool beach every day forever. Meetng in Chula Vista (item 10.d) and allowed it, contingent on local approval.
The City had to take the matter back to the Planning Commission, planning to use the conditional approval of the concept of a year round rope by the Coastal Commission to force the Planning Commission to reverse its rejection of the permit 2 years ago. Instead, the Planning Commission stood up for the law, and again unanimously sent the City back to the drawing board. La Jolla Children's Pool Rope Barrier
The Commission only had to document its reasoning. And it made a clear, unanimous decision. "No Year Round Rope".

Despite what you may have heard, there is no plan to make our seals leave.
Their presence is protected by State and Federal law and we like them.

San Diego decided in 1999 to keep the seals by instituting Shared Use rather than make them leave.
That's ok, except animal rights activists with control issues have a goal of beach closure.
They have bullied people off the beach and bullied our City Government with punitive lawsuits.

. There is a historic alternate route to the beach. The ramp that was closed 17 years ago. We found that ramp to be shown in the Local Coastal Plan as Historic Access and demanded it be unlocked. It had been unlocked and used in August 2011 and then a shroud welded over the lock to make it more impenetrable than ever. There has never been a coastal permti for that action. It is now further barricaded because a paraplegic swimmer was slid under the gate so he could access the beach, showing ADA access by the ramp was feasible and so required. But chain link is cheaper that repaving 50 of historic access ramp. The City is always thinking. (Of money)

Here is A VIDEO the Plannng Commission saw, to show seals are not terrified of divers. Check more videos and see what happens when humans share the seals' real habitat - the water. http://www.sddivers.com/Seal%20Videos.html

There is a controversy at Children's Pool beach, but not about seals.
Despite what you may have heard, there is nobody with a plan to repatriate our seals to the wild.
Their presence is protected by State and federal law and we like them. Everybody likes them.
There was an effort to restore the Pool to condition required by the trust by which San Diego had the sea wall built. It would have disturbed the seals and probably decreased their use of the area. Support for that effort was not about a dislike for seals but a hope without their money-making presence, the spiteful cheerleaders that drive the public off the beach would go away.

The City fought the court order and finally legally was able to dodge its legal obligation and the expense of restoration. To ensure the help of the animal rights radicals in the battle to defeat the trust the City gave over control of the sidewalk above the beach to the PETA-wannabe's that harass and intimidate the public.

Mission Statement

This site is intended as a public resource for facts surrounding the La Jolla Children's Pool controversy

THE MISSION : TO UPHOLD HISTORIC DECISIONS AND PROTECT OUR BEACHES FOR FUTURE GENERATIONS

FRIENDS OF THE CHILDEN’S POOL is organized to:

EDUCATE the public as to the use of the Children’s Pool in accord with Miss Ellen Scripps charitable intent in 1931 in order to protect La Jolla Children’s Pool surroundings as a public park, a bathing pool for children and public recreational usage in accordance with chapter 937 of the attached deed of trust between Miss Ellen Browning Scripps, the State of California and the City of San Diego, county of San Diego.

PUBLICIZE the return of the Children’s Pool to public recreational use.

PROMOTE public access per the Trust, the Coastal Act, the State Constitution, the Public Trust Doctrine.

FACILITATE cleaning the beach and adjacent areas as to make it attractive for human use, including removal of rodent, destructive and invasive species.

STATEMENT FROM THE FOUNDERS

The name says it all... The Children's Pool was created specifically for the children to learn ocean swimming and appreciation of a wonderful water resource.

Occasionally, there are events that occur during the events of our daily lives that force us to take action to preserve the rights guaranteed to us under law and by historical tradition. The Children's Pool is just such a cause. It combines the aquatic education, outdoor recreation, clean water and environmental responsibility all equally under attack. Designed, built and dedicated by the namesake and benefactress of La Jolla , Miss Ellen Browning Scripps, for the specific purpose of aquatic education and recreation and the natural appreciation of the environment, challenges by radical environmental groups (ie., seal activist groups ) falsely target this resource.

We feel it is our duty as citizens and ocean enthusiasts to hold the line against radical extremists that would destroy our traditions, dramatically degrade the environment and violate the Trust, in rule of law, which has recently been upheld in court (see BREACH OF FIDUCARY DUTY page 27 ).

It is ironic that those who claim to represent environmental interests have created one of the most environmentally polluted and unnatural settings along the California shore. The extraordinary high concentration of pinnipeds in this man-made setting has caused a well designated status among California 's most polluted beaches. The fecal colon count has reached dangerous levels and will continue to increase as population densities of harbor seals continue to soar. It is also confounding that so-called environmental proponents would focus on the rights and propagation of the pinnipeds at The Children's Pool while ignoring the underwater desert being created by the voracious appetites of this unnatural pinniped population.

Are you unwilling to visit Children's Pool Beach because you might get yelled at, or taunted, or who knows what? Complain to the City. Click here. Or just drop a line about what you know at harassed@san.rr.com

See what kind of cruel and ignorant propaganda is posted against honest seal protectors

 

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Email us at focp@san.rr.com