An earthquake on Tuesday morning didn’t stop the City Council from putting a measure on the Nov. 4 ballot that could permanently ban alcohol on beaches and parks in Pacific Beach, Mission Beach and Ocean Beach. Maybe it helped.
Discussion had started about the controversial measure on the crowded agenda Tuesday, but Council President Scott Peters recessed the proceedings for about five minutes after the 11:42 a.m. earthquake. It measured 5.4 magnitude and was centered in Chino Hills, a suburb of Los Angeles.
Surprisingly, there was no council discussion before the 8-0 vote, which took place about 10 minutes after the earthquake. District 2 Councilman Kevin Faulconer made the motion to put it on the ballot, with Peters seconding it.
Although there were a number of people who came to speak on the item, the agenda was filled with many items because this was scheduled to be the last City Council meeting before the August recess. Peters said earlier he feared the meeting would last to midnight because of the crowded agenda that included other controversial items.
Peters strongly urged people on both sides to pick one or two representatives to speak so the matter could be approved by noon. He noted there were six people who signed speakers slips who also said they didn’t need to speak but wanted to register their position.
The current alcohol ban was passed by the council on a one-year trial basis following the so-called Labor Day “riot” in Pacific Beach that involved police officers arresting almost 20 people who were throwing beer cans and other objects at them and others.
The current ban will expire on Jan. 14, 2009, at midnight, said Deputy City Attorney Jo Kiernan. If voters approve the measure on Nov. 4, it would go into effect on Jan. 15 at 12:01 a.m., she added.
Kiernan said the ban on drinking or possession of open containers would also be enforced on sidewalks near beaches and piers. It is currently a misdemeanor for someone to drink or have an open container of alcohol at beaches. Violators are usually given a ticket for an appearance in Superior Court. Most violators are not arrested unless they are committing another crime.
There will be exceptions if the ban is approved. Alcohol will still be served at sidewalk cafes and will be available at golf courses at Torrey Pines and Mission Bay Park. Alcohol could still be served at events with the proper permits, such as the annual Over the Line tournament on Fiesta Island.
Jacob Pyle, who represents the Free PB.org that opposes the ban, said the restrictions had negative impact to the tourist and restaurant industries. Pyle also objected to the council directing that City Attorney Mike Aguirre prepare an impartial analysis and ballot summary for sample ballots.
“Mr. Aguirre and the City Attorney’s Office are clearly not impartial,” said Pyle, who said an impartial analysis by Aguirre is “impossible.”
Pyle asked that some other department or agency prepare ballot language, but that was not approved by the council.
Scott Chipman spoke in favor of the ban, saying, “The results speak for themselves.” Chipman said families were returning to the beaches now that people could no longer drink on the beach.
“Civility returned to the beaches and bays. People are now coming back,” he added.
Al Strohlein cited a newspaper report that linked binge drinking to increased rapes in the city.
Alcohol bans have appeared on the ballot twice before in the last 20 years and both were defeated by voters.