Here is a summary from VSA's attorney John
Henning of what has happened with the OPD litigation against
the Coastal Commission:
The case was filed in 2009, when the
Coastal Commission first denied the City’s application for
Overnight Restricted Parking Districts (OPDs) on the ground
that they would impede public access to Venice Beach for the
handful of people who actually visit the beach between 2 a.m.
and 5 a.m., when OPDs would be in effect. The City itself did
not initially sue the Commission, so the Venice Stakeholders
Association (VSA) initiated a lawsuit. The City later
responded to the VSA's argument that the City should defend
its OPD ordinance and the community-wide vote in favor of
OPDs, and joined the suit. Both the City and VSA argued that
the Commission lacks any jurisdiction over City OPD parking
restrictions.
The case was stayed for almost four years
while the parties tried repeatedly to settle with the
Commission. During these discussions, the City offered to
make hundreds of extra parking spaces available especially for
early-morning coastal visitors in City parking lots, so as to
protect these visitors’ access to the beach. The City’s
offers were enough to satisfy the Commission’s staff, but each
time the proposal went to the Commission itself for a hearing
the Commission was swayed by transients and homeless advocates
who strenuously oppose OPDs because they would restrict the
use of public streets by campers, vans, and other vehicles
used for living quarters.
The second and final attempt to settle the
case was in June of 2013. After the Commission denied OPDs
for a third time, the City got cold feet and abandoned the
lawsuit. This left VSA in the position of having to pursue
the case to trial by itself. Although VSA was entitled to do
this, the Commission’s lawyers contended that the City’s
withdrawal should be interpreted to mean that the City would
not pursue OPDs even if VSA were to win the case. In October
2013, the Commission brought a motion to have the case
dismissed on the ground that it was “moot,” which means that
the Court could not grant any meaningful relief because of the
City's apparent reluctance to implement OPDs even if the VSA
won at trial.
In November 2013, the Court held a hearing
and said that it was amenable to the Commission’s argument,
but allowed VSA time to present evidence that the City would,
in fact, pursue OPDs if VSA won the case at trial. Beginning
in early December 2013, VSA asked Councilmember Mike Bonin to provide assurances from the City's Department of Transportation
and/or from the Council office itself, that OPDs were still a
priority for the City and that they would be implemented if
VSA won the case. Despite multiple certified letters to
Councilmember Bonin and attempts to reach him by telephone
spanning more than 5 weeks, the Councilman failed to reply in
any manner to VSA’s request.
On January 8, 2013, having no way to bring
the case to trial in the absence of a sign of continuing City
support for OPDs, VSA voluntarily dismissed the lawsuit.
