SAN DIEGO (CNS) - The City Attorney's Office is poised to appeal a court ruling that overturned the city of San Diego's ban on people going onto the beach at the Children's Pool in La Jolla during harbor seal pupping season - Dec. 15 to May 15, a spokesman for the office said last week.
Orange County Superior Court Judge Frederick Horn ruled that neither the city nor the California Coastal Commission - which ratified the law as the overseer of the coastline - followed correct administrative procedures with the federal government in developing the ordinance.
Tuesday's ruling, in the case of Friends of the Children's Pool v. city of San Diego and the commission, handed a major victory to beach access advocates, who have long argued that the site's original use as a safe swimming area for youth should be maintained.
The ban was instituted two years ago after instances in which people harassed newborn seals and their mother, and was supported by animal welfare groups.
"The Orange County judge's decision was in error and went far beyond what even the lawyers briefed," said city attorney's spokesman Gerry Braun.
"His decision would require cities to get federal government permission before making land use decisions on the coast where seals congregate," Braun said. "That is not current law. We will urge the City Council to appeal."
Bryan Pease, who has represented animal welfare organizations during the years-long dispute, said he filed a request for a temporary restraining order in federal court to prevent the Horn's ruling from taking effect.
According to Pease, who is running for city attorney, the procedures cited by Horn don't apply to protective efforts like animal sanctuaries.
The Friends of the Children's Pool called for the city to take down barriers to public access immediately. From May to December, a rope barrier is kept up to discourage visitors from going near the seals.
The Children's Pool was deeded to the city in 1931, but the seals moved into the area in the 1990s - leading to the controversy.
According to Coastal Commission staff, water quality is poor in the area because of the seals, so it is not a good place for swimming, anyway. Several nearby beaches with better water quality can be used, some within walking distance, staff say.
A 21-year-old woman was found dead in her bedroom Saturday night and San Diego Police suspect foul play. The victim has been identified as 21 year-old Jossie Marilyn Ruiz Lopez, of San Diego. Her death is believed to be a homicide.
House Minority Leader Nancy Pelosi arrived in San Diego Monday to join San Diego Rep. Juan Vargas and about a dozen other Democrats in visiting at least one immigration detention facility housing migrant children who have been separated from their families or arrived in the country unaccompanied.
Temperatures will rise this week as high pressure strengthens. Marine layer clouds will become less extensive and clear faster due to a shallower marine layer.
As part of its ongoing efforts to improve pedestrian safety in Spring Valley, the California Highway Patrol will be conducting a pedestrian safety enforcement operation that will focus on motorists and pedestrians who fail to yield the right-of-way or who take unsafe and illegal actions.
An immigrant who once bundled ink-fresh newspapers at a newspaper printing press took control of the San Diego Union-Tribune Sunday, and promised in a letter to readers to fight fake news as if it were cancer.
President Trump's zero-tolerance policy on immigration continues to spark outrage. Specifically, there's growing concern over officials separating children from their parents at the border.
Sunday marked day four of action at the World Cup; and it featured a huge upset that had hundreds of people dancing in the South Bay streets. Mexico took down the defending world champions Germany and local fans had a great time celebrating.
Chula Vista Police on Sunday were trying to determine how a man's body ended up in the middle of the street. Someone first spotted him early in the morning in the westbound lanes of Buena Vista Way near Rancho Del Rey Parkway.