Santa Cruz attorneys call beach restrictions unconstitutional

SANTA CRUZ, Calif. (KION) Across Santa Cruz County, beach access is closed daily from 11 a.m. to 5 p.m. The point of the order is to limit large crowds at Santa Cruz beaches to prevent the spread of COVID-19, but now several attorneys are challenging the order.

The Law Offices of Aaron Lodge, and multiple other attorneys, are representing community members demanding beach restrictions are lifted. Lodge said the order strips residents fundamental rights and does not provide equal access for those with disabilities.

“It's too restrictive of citizens right to freedom, right to access beaches and public spaces,” Lodge said.

More than 2,000 signatures were gathered calling to end the restrictions.

“The beach is the reason we’re all here. If people can’t access the beach people leave,” owner of Capitola Beach Company Matt Arthur said.

Arthur and the others that signed the petition said it's time to end the beach restrictions as more is learned about COVID-19. Monica Vantoch is one of the attorneys trying to make that case.

“Our case count was very low while our beaches were open, and we did have warm weather throughout that. So they have remained low, not because of that beach closure,” Vantoch said.

Vantoch said if there is no change, clients will file suit.

However, the county says the beach restrictions are working by limiting the amount of out of town visitors and chances of spreading the virus.

The attorney's backing the community members told KION they are also attempting to negotiate with the county.

“I think narrowing the window from 11 a.m. to 5 p.m. to something like noon to 3 p.m. and including the ability for individuals who happen to be handicap to also be able to access the sand,” Lodge said.

Unlike most other activities, there’s no threshold for a full re-opening to beaches. The county said there’s no plans in the near future to change the beach guidelines.