SAN DIEGO (CBS 8) - There are new developments in the ongoing fight over access to the Children's Pool in La Jolla.
The City of San Diego was ordered to keep the pool open for pupping season this year, but that changed late Thursday afternoon.
An appeals court approved the city's request for a temporary stay meaning they can now close the pool until December 28 at which point a final ruling will be made. However, there is no word yet on when barriers will be put up.
For a five month period between December 15 and May 15, pupping season at the Children's Pool in La Jolla has always drawn big crowds.
Since 2014, visitors have only been able to watch the seals and their pups from afar thanks to a ruling from the city. This year, however, that decision has been reversed after an Orange County judge determined closing the beach is against state and federal law.
Bob Ewing is a member of a group called Friends of the Children's Pool, and he says he's all for the beach being open. And while there is a rope up reminding the public to keep a safe distance, he says even that should be gone too.
"I'd like this rope to get away because it looks like a barrier on the beach from above,” said Ewing.
However, not everyone agrees.
"I think we should all be up here. It's what I think. What’s the point, we have zooms on our smart phones,” said Linda Pau who is against the pool being open.
The issue has sparked controversy for years. But legally speaking, who's right?
"This was an illegal decision and the court of appeal is going to correct it,” said environmental attorney Bryan Pease.
Pease says the city's ruling was approved by the Coastal Commission and is consistent with federal law.
Not only has the city filed a motion to get the Orange County judge's decision dismissed, but Pease has also filed a federal case of his own seeking a temporary restraining order.
"The National Marine Fishery Service has said that it helps prevent violations of the marine protection act to close during the pupping season,” said Pease.
For now, the beach will remain open with the rope and warning signs still in place. Though Pease believes it will only stay this way for a few more weeks.
It is illegal to harass seals. A ranger is assigned to the Children's Pool all year to ensure that doesn't happen.
Adam Shacknai is on the stand Monday morning, as testimony continues in the wrongful death lawsuit of Rebecca Zahau.
The San Diego Police Department has launched an internal investigation into a program intended to reward officers for making drug arrests.
Since the shooting massacre last month at a Florida high school, at least 19 threats have been made against San Diego-area schools, and the San Diego County District Attorney's office has charged nine juveniles in connection with those threats and menacing messages.
Two people died early Sunday morning after a high-speed chase ended in a head-on crash in North County.
A warming trend that began Sunday in most of San Diego County will continue Monday with dry and warmer weather expected to continue until the middle of this week.
Police were involved a pursuit late Saturday that ended with a deadly officer-involved shooting in Escondido.
A man was shot and killed by police at an officer- involved shooting in Escondido, a sheriff's lieutenant said Sunday.
A man threw rocks at vehicles on Interstate 5 near Imperial Beach Sunday, and threatened police with a pickaxe as he ran into a riverbed.
San Diego Sen. Toni Atkins will make history Wednesday when she becomes the first woman and first lesbian to hold the California Senate's top job.