Rodney Wadkins, owner of a San Diego-based business that gives guided kayak tours operating out of La Jolla Shores, said he became fed up with his part in a real-life David-Goliath drama. So Wadkins filed a RICO (Racketeer Influenced and Corrupt Organizations Act) action lawsuit in federal court against San Diego City Council President and District 1 Councilman Scott Peters and Mayor Jerry Sanders. “The mayor and Scott Peters colluded to extract illegal fees from the kayak companies. The city doesn’t own that land,” Wadkins said. According to Wadkins, the state owns the tidelands around La Jolla Shores, including a launch ramp kayak operators use at the foot of Avenida de la Playa. Wadkins said the issue of whether the city or the state owns the area was “laid to rest over 150 years ago,” leaving the beaches within the public trust. “We’re asking for the city to stipulate that they don’t own the land but that the state owns the land. That way, they can’t charge a dime to use that launch ramp,” Wadkins said. One year ago, the city increased permit fees from $500 a year to $500 a month to use the launch ramp located near Avenida de la Playa at La Jolla Shores, Wadkins said. Recently, the kayak trade began to skyrocket, so operators located on Avenida de la Playa approached the city, asking for more regulations to cut down on kayak traffic. The regulations – called a Request For Proposal (RFP) – would exclude smaller kayak operators, Wadkins said. “The city’s like the mafia,” Wadkins said. “It [approaches] businesses and then says, ‘OK, if you want to do business, we take 8 percent of your gross to use the launch ramp.’” Wadkins operates San Diego SCUBA, which he says only offers guided tours around La Jolla Shores. According to Wadkins, many kayak businesses rent kayaks to tourists, who may not fully understand the rules and regulations. Kayak shops operating from Avenida de la Playa said they came together, asking for the RFP to get a cohesive set of safety standards. With an increasing number of kayaks launching into La Jolla’s waters, the number of accidents also climbed. “The purpose of the RFP is not public safety — the purpose is to eliminate competition and to pay off the city,” Wadkins said. Lifeguards said their issues are separate from those of other kayak owners and the city. Thousands of people swim and kayak in La Jolla’s waters every year, and safety is their concern. “There have been kayak rentals going on a long time for many years, and what has changed is a massive increase in the number of kayak rentals,” said Rick Wurts, San Diego Lifeguard Service Marine Safety captain. “It has changed the dynamics of the boat launch, the safety of the boat launch and the safety in the water.” Wadkins said he respects the lifeguards, but Wurts and Wadkins recently exchanged letters regarding safety concerns stemming from kayak operators launching craft from areas other than the ramp, which resulted, Wadkins said, in the city posting signs prohibiting kayak launching except at the La Jolla Shores ramp. “It is a public boat-launch issue,” Wurts said. “The boat launch is the only place where a person can launch from the coastline.” Wadkins agreed with Wurts that the launch ramp is the safest place for kayak operators to enter the water for kayak operators. Wadkins said the city is shutting down the access point between La Jolla’s Marine Room and the reservation house. But that also leaves Wadkins and other businesses vulnerable to the city’s fees. “If this isn’t gangster tactics, I don’t know what is,” Wadkins said. “When I started my business, I don’t remember asking the city to be my partner.” Wadkins said his next hearing Dec. 1 will determine whether the city or state owns the ramp. Michelle Ganon, communications director for Peters, said the councilman has referred the case to the city attorney. The city attorney advised Peters that all the steps he has taken have been legal, Ganon said.