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Monday, May 20, 2013 | 11:54 p.m.

Posted: 6:13 p.m. Thursday, March 14, 2013

Surfers, supporters break past gate onto Martin's Beach to fight for public access

Martin's Beach protest
Martin's Beach protest

KTVU.com and wires

HALF MOON BAY, Calif. —

Led by former U.S. Rep. Pete McCloskey, a group of surfers and proponents of open access to a beach near Half Moon Bay passed through a gate and marched down a privately owned road to the beach Thursday.

A group of about 10 busted through the gate that was erected in 2010 and is covered in restrictive signs after the property was sold to a private owner in 2008, and made their way to Martin's Beach, just off of state Highway 1, a few miles south of Half Moon Bay, around 10 a.m.

San Mateo County sheriff's vehicles monitoring the beach and access roads allowed the group to walk towards the beach where competitive surfer Joao DeMeceado took on the waves.

"The public has the right to do that," McCloskey said as he pointed to DeMeceado catching a wave.

No arrests were made.

The group met at the beach in support of a lawsuit filed against Martin's Beach 1 and 2, LLC, on Tuesday by the Burlingame-based Cotchett, Pitre & McCarthy law firm on behalf of the Surfrider Foundation.

The lawsuit claims that owners failed to obtain a coastal development permit for the new gates and restrictive signs that prevent the pubic from accessing Martin's Beach Road, in direct violation of the California Coastal Act.

Court records from a separate beach access suit filed last October in San Mateo County Superior Court name venture capitalist Vinod Khosla as the presumed primary owner of Martin's Beach.

Joan Gallo, the attorney for Martin's Beach LLC, could not immediately be reached for comment today.

Mike Wallace, a long time surfer and competitive surf coach from Moss Beach, said Martin's Beach, "should be open until proven otherwise."

McCloskey, 85, whose district included San Mateo County when he served in Congress in the 1970s and 80s, recalled coming to the beach in past decades when public access was unrestricted and cars could park further down the road.

Wallace said the restriction of the beach, which is known in the surf community for its consistent swells that break over underwater reefs, will affect future surfers and coastal enthusiasts.

"The next generation doesn't get to experience what we've experienced," he said.

DeMeceado is fighting to keep the small stretch of coastline accessible.

"Surfing is just a small component of what's going on here," he said.

Late last year, a group of five surfers were arrested and cited for trespassing, but the San Mateo County District Attorney's Office dropped the charges in February, according to surfing and conservation attorney Mark Massara, who is working with open access supporters.

Wallace said in the past two weeks he has come down to Martin's Beach to surf without hassle, but the worry of a possible arrest makes the beach less attractive.

Massara said the property owner more recently has sought an emergency permit through the county to erect a seawall and raze the abandoned buildings, including a public restroom and a snack bar that are remnants of the beach's public-use days.

Thursday a security guard stood watch in front of the empty beachside buildings.

According to a San Mateo County sheriff's deputy patrolling at the beach this morning, security guards are not usually at Martin's Beach, which has become a less visited spot once the gate went up more than two years ago.

A few protesters this morning carried signs to the edge of the water that read "Open the Gate" and "Save Martin's Beach."

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