Federal court: San Diego Still Cannot Disperse the Seals

by on June 1, 2009 · 6 comments

in Environment, San Diego

by Craig Gustafson / SignOnSanDiego.com / June 1, 2009

A federal court has ruled the city of San Diego is prohibited from harassing or dispersing the entrenched seal colony at Children’s Pool beach in La Jolla.

The court had previously issued a restraining order against the city, but there had been a question as to whether it remained in effect.

The City Attorney’s Office issued a statement Monday that the federal court clarified that the order is still in place. The city had sought clarification after Superior Court Judge Yuri Hofmann ordered the city to remove the seals last week.

Monday’s decision effectively puts on hold the city’s proposal to oust the seals using the sounds of barking dogs. It also allows time for a bill going through the state Legislature that would give the City Council the authority to decide how the beach should be used.

“This underscores our position since February of this year that the solution to this dilemma is through state legislation that allows the city to decide the use of this beach,” read the statement from the City Attorney’s Office. “We believe it is prudent to put all litigation on hold pending the State of California’s action, as owner of this beach, to change the terms of the trust.”

The City Council is scheduled to review that plan June 9.


Voice of San Diego adds: that the restraining order may not last

…by the time a state court holds a hearing June 15 on the city’s plan to disperse the pinnipeds, said Bryan Pease, an attorney for the La Jolla Friends of Seals.

A little background: Last fall, San Diego Superior Court Judge Yuri Hofmann ruled that the city of San Diego had to immediately disperse the seals to return the manmade cove to a place for children to swim. But Pease’s organization obtained a court order from U.S. District Judge William Hayes prohibiting the seals’ removal.

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{ 6 comments… read them below or add one }

avatar Dave Gilbert June 1, 2009 at 8:28 pm

“A federal court has ruled the city of San Diego is prohibited from harassing or dispersing the entrenched seal colony at Children’s Pool beach in La Jolla.”

sweet ;)


avatar bodysurferbob June 1, 2009 at 8:37 pm

back and forth, back and forth – it’s like a tennis match. this is yet just another swing our way. yea! but for how long do we celebrate? how much has been spent on this??


avatar bodysurferbob June 1, 2009 at 8:40 pm

other than that, fucking far out! ;) hey Dave I figured out to make that grabatar or whatever they’re called. Show me some more.


avatar emw June 2, 2009 at 6:50 am

I was getting all ready for them to come on down to OB!

Re: back and forth… it seems like seals are the new Mt Soledad cross.


avatar DrumnWebGuy June 2, 2009 at 8:17 am

This is like a tennis match. Haha!!


avatar Dave Gilbert June 2, 2009 at 1:11 pm

yeah emw, I could never figure out why someone would want that cross removed, it’s a war memorial.

ok bodysurferbob you got it, my favorite is what I call the South Park laugh combined with the devil horns XD \m/


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