A lawsuit filed in federal court last week accuses the “Bay Boys,” a group of local surfers who allegedly keep outsiders away from Lunada Bay, of operating as a criminal street gang, and claims that local authorities have permitted intimidation and harassment of beachgoers for years.
Plaintiffs Corey Spencer, an El Segundo police officer, and Diana Reed, an “aspiring big-wave surfer” from Malibu, joined the Coastal Protection Rangers, a Torrance nonprofit, in the suit. Those named in the complaint include nine alleged Bay Boys, the City of Palos Verdes Estates and Chief Jeff Kepley of the Palos Verdes Estates Police Department.
The complaint seeks certification as a class-action lawsuit. If successful, Spencer and Reed could be suing on behalf of people who are “not members of the Lunada Bay Boys, but want lawful, safe, and secure access” to the area. The suit estimates that this description fits “several thousand” people, each of whom would be entitled to damages if the suit were to prevail. Since filing, dozens of people have reportedly contacted the plaintiffs’ attorneys, reporting similar stories of harassment and intimidation.
There are multiple legal requirements to satisfy in order for a class action to be certified in federal court, and recent rulings from the U.S. Supreme Court have made it more difficult. But achieving certification would greatly raise the cost of obtaining legal representation for the Bay Boys.
Lunada Bay is considered one of the few true big-wave breaks in Southern California. On large winter swells, when the South Bay’s beach breaks offer mostly walled-up closeouts, Lunada Bay’s bottom and coastal orientation can produce peeling, well-shaped waves with a far better chance for a completed ride.
The lure of a good wave has brought with it a history of localism. The complaint cites Matt Warshaw, a Mira Costa High School alumnus and former editor of Surfer Magazine, in describing Lunada Bay as California’s most notoriously localized break. According to Warshaw’s Encyclopedia of Surfing, locals have tried to ward off visitors to the break since the 1970s by throwing rocks, breaking car windows and slashing tires.
Local law enforcement has periodically tried to address the issue. In a 1995 incident captured by a local news crew, local Peter McCollum harassed a would-be surfer at Lunada Bay, and was later forced to pay a $15,000 penalty. A follow-up lawsuit accused the city of Palos Verdes of “deliberate indifference” to the actions of locals. The police department set up a camera to monitor the wave, but the city council ordered it be taken down after several months. A section of the police department’s website is devoted to “Surfer Localism,” and urges members of the public experiencing intimidation to contact authorities.
According to the complaint, Spencer first attempted to surf Lunada Bay in January of this year. Spencer, who previously worked in gang neighborhoods as an officer with the Los Angeles Police Department, had long wanted to surf the wave, but did not because of its “reputation for violence and beach localism.” The complaint claims that a member of the Bay Boys intentionally ran Spencer over with a surfboard, slicing open the plaintiff’s hand with a fin.
Reed attempted to surf Lunada Bay on January 29, 2016 and was screamed at and insulted, the complaint states. On a return visit, members of the Bay Boys allegedly sexually harassed her.
Both Spencer and Reed relayed their experiences to the PVEPD, with Spencer writing a letter to Chief Kepley. Officers “did not take the complaint seriously and took no action.”
The city of Palos Verdes Estates is aware of the harassment of beachgoers, the suit states, and the city “has a policy, custom, and practice of taking no action” on complaints about the Bay Boys.
Multiple attempts to reach a named defendant for comment on the suit were unsuccessful. But an “anonymous Bay Boy” interviewed on surf forecasting website surfline.com said that while localism does exist, reports of violence in the area are greatly exaggerated.
“I am not aware of anyone being physically assaulted down there in years,” the surfer said.
The anonymous Bay Boy also disputed the idea that local cops were complicit in harassment.
“The police are posted up constantly, making our beautiful sanctuary of coastline feel more like a parade or police road block,” the surfer said.
When reached for comment, Anton Dahlerbruch, city manager of Palos Verdes Estates, referred questions to a statement released on behalf of the city and police department. According to the statement, the city has not had a chance to evaluate the allegations, but “will continue to monitor and enforce the laws in Lunada Bay specifically and indeed everywhere in the community.”
The complaint states that the Bay Boys is a “criminal street gang” as defined in the California Penal Code. It argues that their habits of congregating around Lunada Bay and allegedly committing various crimes places the surfing crew under the law.
As a result, the suit seeks to impose a “gang injunction” on members of the Bay Boys, which would prevent them from surfing Lunada Bay or even being in the area. Gang injunctions are a widely used tool in urban areas; the City of Los Angeles maintains at least 46 against sets like the Bounty Hunter Bloods. Under California law, members of such gangs are eligible for “gang enhancements” to criminal convictions, which can significantly lengthen a prison sentence if the underlying crime is committed in association with the gang.
The suit also targets the Bay Boys and the city for violating the California Coastal Act. Ongoing intimidation and harassment inhibit access to the coast, the claim states, and a fort-like structure, built into the bluff and supposedly used by the Bay Boys, constitutes an “unpermitted development.” The act imposes penalties of up to $15,000 per defendant per day in violation.
