Activists sue city to save ficus trees

Deirdre Newman

NEWPORT BEACH -- The ficus fracas continued Tuesday as residents

who are leading a charge to save the landmark trees announced they

have filed a lawsuit against the city and asked for financial support

from other supporters during the City Council meeting.

Ficus fans filed the lawsuit July 8 to prevent the city from

following through with its plan to remove 25 of the trees from Main

Street on the Balboa Peninsula. The council approved the removal by a

3-2 vote in late May, with two members absent. The city plans to

replace the ficus trees with a coral gum variety.

While local merchants contend that the ficus roots have caused

expensive plumbing problems and property damage, supporters of the

trees say the 40-year-old landmarks are part of the city’s charm and

are not responsible for the sewer trouble.

The activists’ next step is to file a preliminary injunction to

prevent the removal of the trees while the lawsuit progresses,

attorney Steven Miles said.

The public plea for financial support for the lawsuit did not sit

well with Mayor Tod Ridgeway, although he suggested the legal action

as a last resort after it was determined that the full council could

not revisit the issue.

“I’m not sure why you’re making a presentation,” Ridgeway said.

“It seems to show a disrespect for the process.”

Jan Vandersloot, who made the announcement, countered that he was

exercising his 1st Amendment rights.

Vandersloot said 125 residents have signed a petition to save the

trees. The active environmentalist said the ficus trees’ roots are

not causing the plumbing problems, they are merely symptoms of a

larger predicament within the sewer system.

“[The city] is apparently letting sewage leak into the ground and

blaming it on the trees,” Vandersloot said. “It should be fixing the

sewer problem.”

Linda Grant accused the city of being disingenuous in its reasons

for removing the trees.

“What is really the issue?” Grant asked. “Every time, they say

it’s something different. First it’s that you can’t see the pavilion,

then it’s the pipes, then it’s sidewalk dining, then that they have

to sweep the streets.”

Grant also said the canopy the trees provide is a matter of safety

because the shade helps drivers on Main Street see children darting

in and out of the street.

Supporters also continued their tradition of expressing their

ficus frustration through music. Gabe Green, a friend of Grant’s,

brought his keyboard and sang “Take Me to the Court on Time.”

“You can’t out psyche us, habeas ficus is what we’ll plead for,”

Green sang as many of the council members chuckled quietly.

* DEIRDRE NEWMAN covers education. She may be reached at (949)

574-4221 or by e-mail at [email protected].