Serving as Expert Witness in Martin’s Beach Trial

Martin's Beach- ElizabethWhen in 2009, mysterious new owners tacked “Beach Closed” and “No Trespassing” signs onto the newly-locked beach access gate at Martin’s Beach, we paid attention. For over 50 years, we have worked to ensure that people from all walks of life have access to our public waterways, especially the Bay and San Mateo coast. When we heard that families who had enjoyed picnicking, fishing, sunbathing, surfing, and relaxing at this beautiful sandy beach south of Half Moon Bay suddenly were left with only memories, Committee for Green Foothills got involved on multiple fronts.

Eventually the owner was revealed to be Vinod Khosla, billionaire venture capitalist, and co-founder of Sun Microsystems, who now claims he not only owns the road, but also the beach, and even the tides.

Surfrider Foundation sought relief in the courts, asserting that under the Coastal Act of 1976, Khosla needs a Coastal Development Permit to change the intensity of use of the land. Surfrider’s attorneys asked me to provide expert testimony at the trial.

In my 10 years as a member of the Advisory Commission for Golden Gate National Recreation Area and Point Reyes National Seashore, as well as a Coastal Commissioner on the Central Coast Regional Coastal Commission, I heard from the public and made numerous decisions in support of maximizing coastal access. As a result of this expertise, I was able to provide my expert opinion regarding what happens to people when their access to a well-loved beach is suddenly cut off.

Summary of  expert testimony: two possible consequences of losing beach access
It’s not rocket science to understand there are two possible consequences of losing public access. First, there is a ripple effect on other beaches in the area. People who are locked out of a favorite beach are forced to go to other beaches, potentially creating more crowded conditions there.

Second, many people may well simply stop going to the beach altogether. This phenomenon is called “recreational displacement.” Certainly this has happened to folks who made a tradition of gathering at Martin’s Beach, as evidenced by public comments and letters to the editor in local newspapers. How unnecessary and unfortunate that one individual should deprive so many of long-standing access to this beach — access that is guaranteed to all by the State Constitution and the California Coastal Act.

Trial update
Last Wednesday (7/16/14) the six-day Surfrider trial came to a close when both sides gave their final arguments. San Mateo County Superior Court Judge Barbara Mallach, has taken the case under advisement.

Serving as an expert witness in this trial is just one of the many ways we are working to ensure that sooner rather than later, public access to Martin’s Beach is restored.

By Lennie Roberts, Legislative Advocate

Other recent news coverage of trial:
Blocked access to Martins Beach in hands of Judge, SF Gate (7/17/14)

Billionaire Makes final push to bar public access to Martin’s Beach, LA Times (7/16/14)

Martin’s Beach timeline from Guadalupe Hidalgo to Vinod Khosla, Contra Costa Times (7/13/14)

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