Malibu Plans Lawsuit to Prevent Public Access and Camping
City to file lawsuit against Coastal Commission
Angered by the commission’s indifference to residents’ and city officials pleas to consider the risks of fire and other hazards, and approve a ban on overnight camping within city limits, the council authorizes the city attorney to file suit against the commission.
By Olivia Damavandi / Staff Writer
The City of Malibu announced on Monday it will file a lawsuit against the California Coastal Commission, challenging its rejection earlier this month of the city’s Local Coastal Program amendment to ban overnight camping, while approving an amendment by the Santa Monica Mountains Conservancy that would allow camping at three canyon parks.
Several commissioners exited the meeting room during testimonies by Malibu residents, and those who were present repeatedly conducted private conversations with other commissioners seated next to them.
“We think the courtroom is the worst place for government entities to resolve their differences, but as you saw at the Coastal Commission meeting, we were met with an absolute stonewall,” Hogin said. “Meanwhile, the Coastal Commission is taking helicopter rides with Joe Edmiston [executive director of the SMMC].”
Numerous residents at Monday night’s City Council meeting echoed Hogin’s sentiment and voiced their support of the lawsuit.
“It’s just amazing how the Coastal Commission demonstrated to us how well they can carry the water for Mr. Edmiston and his group,” Navy Banvard told the council. “I thought that was pretty disappointing. It makes me angry that we wasted our time now that minds were made up before we entered that hearing room.
“My sensibilities are to stay out of court,” he continued, “but I think that might be the only way the Edmiston crowd doesn’t get a pre-determined advantage.
The City Project’s Robert García called for Malibu to provide equal access to public lands for all under state and federal laws. The Malibu mayor repeatedly called for order while Malibu residents jeered and yelled “Pay your taxes!” The discriminatory implication is that García, a Latino, does not pay taxes, nor do other people of color who are interested in going to the beach, hiking in the mountains, or camping overnight.
Angela Mooney D’Arcy from The City Project urged the Malibu city council to comply with state law and the letter of concern from the Native American Heritage Commission by engaging in respectful government to government consultation with Native American leaders before cutting off public access to public lands that may implicate Native American religious rights and freedoms. Residents tried to drown out her presentation with howling and stomping. The discriminatory implications are clear. Native Americans are not welcome in Malibu.
A city council member asked the crowd, “Ladies and gentlemen, we have the press here. Is this really how you want to present the image of Malibu to the public?” Residents responded with a resounding “Yes!”
A Malibu resident barked out invectives demanding that the city council cut off public access to public lands: “as God is my witness, I will recall every single person I can that votes the wrong way . . . . I grew up in Florida in a resort city. [Malibu] looks like the most hellacious city I’ve ever seen in my life. You’ve told me, Barovsky, that you were going to clean up this, this illegal slave operation we have out in front of, of the city hall. We don’t even know if they’re illegal or not. We don’t know who could have been starting fires anywhere.” Reflecting a sense of entitlement, exclusivity, and privilege, Malibu residents applauded this acerbic message, while at the same time they tried to drown out advocates who spoke up for public access for all. The discriminatory implications are manifold. First, people of color are working at city hall, and those people must be undocumented workers or slaves. Second, there is or may be a connection between wild fires and those people of color, undocumented workers, or slaves, or others like them. Finally, the distorted sense of privilege demonstrated by this resident’s diatribe takes one’s breath away. Malibu is not the first city that comes to mind when most people think of hellacious cities. The poorest sections of Calcutta or the favelas of Río de Janeiro, perhaps — but not Malibu, even on a beach day with heavy traffic.
