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| Recreational Access and Conservation - News and Information | Short Cuts | ||||
| | Introduction | News | Notices | Activities | | Education | Forums | Columns | Links | Edited by: John Stewart |
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NEWS RELEASE: RECREATION COALITION FILE SUIT TO REVERSE BLM LAND CLOSURE
DATE: May 11, 2000
SACRAMENTO, CA - A coalition of recreational groups and a disabled individual filed suit today against the US Bureau of Land Management (BLM) challenging the agency's decision to close Black Sands Beach, located near Shelter Cove, CA, to use by motorized vehicles.
Prior to BLM's closure, Black Sands Beach was regularly used to provide access for all recreationists to pursue varied activities such as camping, fishing, surfing, driving on the beach, or abalone diving. Motorized usage of the beach has been so popular that in the early 1960's a route was carved out along a small terrace at the edge of the Black Sands Beach wave slope and was paved with asphalt.
Plaintiffs in the suit include Friends of Black Sands Beach, a Shelter Cove based group comprised of local residents, businesses and families; the California Association of 4 Wheel Drive Clubs, Inc. (CA4WDC), a California nonprofit organization representing over 8,000 members; the Lost Coast 4X4s, a Fortuna based recreational club; Robert Gamsby, a disabled individual who is a member of CA4WDC; and the Blue Ribbon Coalition, an Idaho nonprofit corporation representing approximately 600,000 members nationwide. Plaintiffs are represented by attorneys Paul A. Turcke of Idaho and. Dennis L. Porter of California.
Plaintiffs contend that the closure violated the following laws:
1. The Federal Land Policy and Management Act which requires the agency to recognize and provide for legitimate public uses of the area, including motorized access;
2. The National Environmental Policy Act (NEPA) by failing to conduct an Environmental Impact Statement; and in failing to consider alternatives to a proposed action during a NEPA process and in failing to determine whether the proposed action may have a significant effect upon the human environment;
3. The Act of 1866 (RS 2477) by restricting or eliminating existing rights-of-way along or adjacent to the wave slope at Black Sands Beach;
4. The Rehabilitation Act, which precludes discrimination against an individual suffering a disability, by preventing a disabled individual from participation in an activity conducted by an Executive Agency.
According to Jim Bramham, past president of the California Association of 4 Wheel Clubs, "CA4WDC strongly feels that the Bureau of Land Management had predetermined that they were going to close the beach to motorized vehicles and thus violated the NEPA process. The citizens of the United States were denied their rights in this decision."
Bramham further stated, "We filed this lawsuit to stop the Bureau of Land Management from furthering the agenda of the elitist groups which want the general public excluded from this public beach. We believe the public should be able to enjoy this beach. Banning motorized usage on this beach is a blatant discriminatory action against those citizens, who because of their age, physical condition, or physical impairments, have no other way to enjoy this beautiful area.
A Media Tour will be held at the Black Sands Beach on May 25, 2000. The tour will meet in Shelter Cove at the Black Sands Beach parking lot at 12:00 p.m.
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CONTACT: Jim Bramham |
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