The Supreme Court refused to take up the case of billionaire Vinod Khosla and the continued battle over Martins Beach. Photo: Instagram/Surfrider
On Monday, the United States Supreme Court decided to pass on adjudicating the contentious California beach public access battle over Martins Beach. The result is that a lower court ruling calling tech billionaire Vinod Khosla’s efforts to restrict access to Martins Beach a violation of the California Coastal Act will be upheld.
“Today’s Supreme Court decision to deny review solidifies the state’s purview over beach access issues and management of public trust resources,” said Surfrider legal director, Angela Howe in a statement sent to The Inertia. “It illustrates the strength and importance of beach access rights in California law, including the California Coastal Act.”
Beachgoers and activists alike breathed a collective sigh of relief after the highest court in the land effectively upheld the spirit of public access by refusing to hear the case.
“The courts at every level, including now the U.S. Supreme Court, has upheld the Coastal Act’s protection of the public’s rights to access the California coast,” said Lisa Haage, chief of enforcement for the California Coastal Commission. “This case reaffirms that you cannot make a unilateral decision to shut down a beach that has provided generations of families with memories. We will be considering how to proceed and hope the owner will work with us to assure that the historical public access to Martins Beach remains available for present and future generations.”
The fight to uphold public access at Martins has been a long, drawn-out battle. Back in 2013, the Surfrider Foundation filed a lawsuit against Mr. Khosla to restore public access after locking a gate on the only road with access to the remote stretch of beach, hiring a security guard, and covering a sign that advertised beach access. Surfrider won the case at trial and at the appellate court levels, but Khosla continued to appeal the decisions all the way to the Supreme Court. On Monday, the court refused to take up the case entirely.
“The most conservative and divided Supreme Court in my lifetime confirmed that even a billionaire, who refuses to acknowledge that the law applies to him, and retains the most expensive attorneys he can find, cannot create a private beach,” said Joe Cotchett, Surfrider’s lead attorney, in a statement. “Beaches are public in California, and the immensely wealthy must comply with the Coastal Act just like everyone else.”
According to Surfrider, Khosla may still be able to apply for a permit to limit beach access. It’s unclear as of yet if Khosla plans to submit an application, and how likely it is to be approved. Still, many are celebrating Monday’s victory as a monumental one.
“This win helps to secure beach access for all people, as is enshrined in our laws,” explained Howe. “The Surfrider Foundation will always fight to preserve the rights of the many from becoming the assets of the few.”
