Judge weighs arguments in Huntington Beach lawsuit against Gov. Newsom's order to close O.C. beaches

A surfer walks near the pier in Huntington Beach on May 5.

By Matt SzaboStaff Writer

May 11, 2020 6:16 PM PT

An Orange County Superior Court judge heard oral arguments by telephone Monday, as the city of Huntington Beach is claiming in a lawsuit against the state of California that Gov. Gavin Newsom overstepped his powers when he ordered Orange County beaches closed on April 30.

The Huntington Beach City Council voted 5-2 that night to pursue a lawsuit against the state, and the city attorney’s office filed it the following day. Since then the beaches have been partially reopened for active use, but the lawsuit, which includes several private businesses in Huntington Beach and Newport Beach, remains active.

Orange County Superior Court Judge Nathan Scott, who denied a temporary injunction on May 1, heard arguments from lawyers on both sides Monday during a 90-minute conference call. Scott said he would likely rule on the civil case by the end of the week, along with a suit, Muller et. al. v. Newsom et. al., that was filed by three city council members in south Orange County.

“When we last spoke on May 1, I asked you to work together to see if you could bring a balance, find a compromise,” Scott said. “It looks like you folks have done so and that people are now enjoying the beaches as we speak. Thank you for your hard work on this issue. It is not entirely clear to what extent there is an ongoing dispute, in light of your hard work. If there is an ongoing dispute, it’s not entirely clear what order would be appropriate. You folks have given me a lot to think about.”

Huntington Beach City Atty. Michael Gates said during arguments that Huntington Beach city leaders had been taking action leading up to the April 30 directive from the governor, including closing the pier and beach parking lots, and social distancing was taking place during the coronavirus pandemic.

“There was no need or reason for the governor to step in,” Gates said. “The state argues that the governor has broad authority, which we do not dispute, but that broad authority is not without limits ... Partial reopening is nothing more than the state and the governor continuing to exercise unconstitutional control over Orange County beaches and the city of Huntington Beach.”

Gates said the plan to open the beach in phases and current “active use” limitations violate the civil liberties of those including the physically disabled, families who want to take their children to the beach and the homeless population. He added that if Scott issued an injunction stopping the state’s previous orders regarding the beach closure and partial reopening, the city of Huntington Beach desires to fully open its beach to recreation and active beach-goers while still enforcing social distancing.

“I would submit to your honor that this partial reopening is still a serious issue for the people of Huntington Beach,” Gates said, addressing Judge Scott.

Gates said after the hearing he was happy with the arguments made, calling the city’s case “compelling.”

“As folks know, this is an issue having to do with the Constitution but also the ability to govern, whether our local authorities are equipped and have the constitutional right to govern for us,” he said. “That’s really what we’re fighting for.

“Our position in Huntington Beach is that we have control, and it’s the state’s position that the governor under these conditions or circumstances has the right to control. There’s still that conflict; that conflict lives on.”

Attorneys for the state indeed argued Monday that Newsom was within his rights to close Orange County beaches, given the pandemic and in accordance with the state’s Emergency Services Act.

“I would note that the entire purpose of the act is to buy the governor the ability to deal with issues that local authorities are not in a position to deal with,” said Mark Beckington, California’s supervising deputy attorney general. “This pandemic does not respect borders ... this requires a statewide response ... a swift and decisive action to protect the public health. On that basis, it’s clear that the very premise of this case is wrong.”

Huntington Beach has 269 confirmed cases of the coronavirus that causes COVID-19 among its 203,761 estimated residents, according to numbers released Monday by the Orange County Health Care Agency.

“You have tens of thousands people coming to the beach on a warm summer day or a warm spring day,” Beckington said. “It’s inevitable that there is going to be the situation where people are gathering, where people are closer than the recommended guidelines for social distancing. The disease will be spread not only among people on the beach but in the local community.”

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Judge weighs arguments in Huntington Beach lawsuit against Gov. Newsom’s order to close O.C. beaches

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