Civil trial over Southern California surf gang ‘localism’ kicks off

LOS ANGELES (CN) — The civil trial over one of America's most notorious surf gangs, the Lunada Bay Boys, and the wealthy city that is accused of looking the other way while the Bay Boys jealously guarded their turf, began on Monday morning.

Lunada Bay is a rocky, crescent-shaped beach surrounded by cliffs tucked away in Palos Verdes Estates, a tiny seaside city in the southwest corner of Los Angeles County. The Encyclopedia of Surfing once called the waves at Lunada Bay "Southern California's premier big-wave break," but also noted: "Visiting surfers since the early 1970s have had rocks thrown at them while walking down the cliffside Lunada trail, and returned from the water to find their car windows broken and their tires slashed — the work of local surfers, the sons of millionaires, determined to keep their break free of outsiders."

Cory Spencer, a former LAPD officer, says when he tried to surf there, a local intentionally ran Spencer over with his surfboard, its fin slicing Spencer's hand. When Diana Milena tried to make her way down the trail to the famous beach, a local began hurling obscenities at her. Both reported the incident to the local police; in both cases, the police did nothing.

The plaintiffs have said that the city of Palos Verdes Estates has been reluctant to crack down on the Bay Boys, though some police chiefs, hired from outside the department, have tried. They say the city protects the Bay Boys as locals, but also appreciates the fact that the Bay Boys keep out tourists and dissuade outsiders from visiting their quiet beach town.

"The deterrent effect of bullying and self-appointed protectors works,"said Kurt Franklin, the plaintiffs' attorney, in his opening statement. "People don’t come back."

In 2016, Spencer and Milena filed a federal class action against Palos Verdes Estates and the Lunada Bay Boys, which they called a "criminal street gang." The pair claims, somewhat novelly, that the city and the surf gang had violated California's Coastal Act, which preserves and ensures public access to every piece of coastline in the state. The say the city, in turning a blind eye to the Bay Boys' actions, had illegally allowed unpermitted development on its property —  both literally and figuratively.

The Bay Boys had, at some point, built a "rock fort" on the beach, a fairly sturdy hut made of concrete, wood and stones as a sort of gazebo/clubhouse to congregate, dry off, drink beer, grill meat, and watch for outsiders. But the plaintiffs said that the Bay Boys' pattern of harassing non-locals also amounted to development, since it was intended to limit access to the public beach.

The federal suit was dismissed, but Spencer and Reed filed a similar complaint in state court. Twelve of the individual members of the Lunada Bay Boys have settled the case, agreeing to stay away from the beach for a year or pay between $35,000 and $90,000. One last individual, Alan Johnston, remains as a defendant, along with the city.

A state court judge dismissed the claims against the city in 2020. But last year, the state court of appeals reversed that decision, writing, "The city, as landowner, violated the Coastal Act by maintaining the unpermitted rock fort on its property for decades." The panel also found that the pattern of harassing and intimidating non-locals might be similarly considered a violation, writing, "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."

Attorneys for the city opted not to present opening arguments in the trial on Monday, which will be decided by Superior Court Judge Lawrence Riff — a different judge form the one that dismissed the suit — and not a jury. They may decide to make their opening argument later in the trial. But the city did offer a preview of their defense in pretrial motions. They'll argue that the Palos Verdes Estates police department has broad immunity from the claims that it failed to enforce certain laws or to follow up on certain investigations, since police departments are allowed to make their own policy decisions about which crimes have higher priorities.

"In essence, the plaintiffs are asking this court to assert itself into the legislative process," said Christopher Pisano, an attorney for the city, during his motion for a judgment on the pleadings, which Riff rejected.

The trial is expected to last between two and three weeks. Spencer is set to testify on Tuesday. Franklin said the plaintiffs will also call a former Palos Verdes Estates police chief who will testify about how much resistance he met with when he tried crack down on the Bay Boys. The plaintiffs will also call Peter Neushul, co-author of "The World in the Curl: An Unconventional History of Surfing," as well as an economist who will testify that the defendants' actions cost the members of the public $1.4 million per year since 2013 — a total of $15.4 million.

The plaintiffs seek monetary damages but have not stated an exact amount they're asking for, leaving the judge to decide that on his own. They also want some form of injunctive relief, likely to a pledge to keep the beach open to everyone and to dismantle the rock fort, as well as some new signs and, perhaps, a bench or two.

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