The long-standing fight over drinking at the beach has finally come to an end ” at least for one year.
Anti-ban activists rallying against the impending one-year beach alcohol ban received some bad news when the city clerk reported to the city officials Tuesday, Jan. 15, that they didn’t gather enough signatures to stop the ban or have it placed on a ballot later this year.
Although Ban the Ban 3 turned in 45,557 signatures Jan. 4, a sample analysis by the San Diego County Registrar of Voters determined the petitions would not yield the 30,209 signatures needed to stop the beach ban, said San Diego City Clerk Liz Maland at a Tuesday news conference at City Hall.
At the conference, City Attorney Mike Aguirre said the ban remains in effect regardless of whether the anti-ban organizers pay the estimated $70,000 to $147,000 in labor costs to count each signature. They have until Friday, Jan. 18, to challenge the determination, he said.
Unless the city clerk reverses her determination, the law is clear, Aguirre said.
“If you drink on the beach, you’re going to be fined,” he said.
Violators can be fined a maximum $250 for a first offense, officials said. Minors in possession of alcohol can be fined up to $500, according to a California law that took effect Jan. 1. Repeat offenders could be fined $1,000 and sentenced to up to six months in jail.
The ordinance, signed into law by Mayor Sanders on Wednesday, Dec. 5, outlaws alcohol on all city beaches including Pacific Beach, Mission Beach, Ocean Beach and Mission Bay, with few exceptions throughout the city, Aguirre said.
With the law now in place, organizers on both sides have begun thinking about their next moves.
“We have substantial financial commitments for the campaign portion of this initiative and want to weigh if cashing those in will be in our best interest,” Ban the Ban 3 organizers said in an e-mailed statement. “This issue is something that will continue to be discussed for quite some time, so this is by far not the end of it."
While anti-ban organizers decide whether they want to challenge the count, others see the city clerk’s determination as a victory for everybody in San Diego, said Jerry Hall, a 17-year Pacific Beach resident.
“This is a one-year trial. It’s not the end of the world [but] it helps us look at a few things,” he said.
Hall, who has worked with pro-ban group Safebeaches.org, said the ban would result in a drop in alcohol-related crime. Quality of life problems, such as urinating in public, fighting and harassment, would go away, he said, adding that the ban should help people feel safer at the beach.
Jeremy Malecha, director of FreePB.org, said it’s unfortunate the issue didn’t get to the ballot to give San Diegans a chance to vote on the issue once and for all.
FreePB.org, a grass-roots organization separate from the Ban the Ban 3 volunteers, advocates responsible consumption of alcohol on parks and beaches rather that restrictive legislation.
Malecha said a beach ban wouldn’t necessarily solve the community problems blamed on drinking beer on the sand. He said those problems could have been addressed with tools other than a complete ban.
If alcohol on the beach contributes to crime as much as pro-ban advocates have said, then the alcohol ban should result in a dramatic reduction in alcohol-related crime, including DUI rates and public drunkenness, Malecha said.
“They laid out their reasons and we’re going to hold them to it,” he said. “The city deserves the ability to get this right back.”
Malecha also said that District 2 Councilman Kevin Faulconer has shown “zero leadership” on the issue.
Faulconer said the City Council will focus on information from police and lifeguards to determine how the ban would work in the coming year.
“From an overall perspective, keeping an eye on the safety issues at the beaches ” keep a close eye on the safety issues of our beaches ” that is the overriding objective,” he said.
Faulconer called for the ban after a Labor Day fight near the foot of Reed Street brought San Diego police officers out in riot gear. Video footage of the brawl was aired on television news broadcasts around the nation. Clips can still be viewed online at www.YouTube.com.
After the incident, Faulconer pushed the legislation through council, which voted 5-2 for a one-year trial ban. Mayor Jerry Sanders threaten to veto a permanent ban.
The City Council will revisit the issue in about a year, when the ban expires.