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Life's a Breach

June 15, 2003|Jennifer Price | Jennifer Price is a writer and a research scholar at the UCLA Center for the Study of Women.

On Memorial Day weekend, I stopped off in western Malibu at Broad Beach, my favorite L.A.-area beach, to see whether the summer security guards had been hired back. I was hoping that all the bad press and attendant outrage over Malibu's efforts to block public beach access might have persuaded the Broad Beach homeowners to reform their ways. But no such luck. A sizable guard on a big red all-terrain vehicle waited for me as I walked down the public easement you use to cross the beach to the wet sand. I stepped around him, and he informed me that I was disobeying a sign on the dry sand above us: "Do not trespass. Private property line begins 25 feet toward the ocean from this sign."

It's summer in L.A. County. School's almost out, and we're calling up friends, stocking up on sunscreen and heading to the beach. Which means that in Malibu, some people are cleaning off "private beach" signs, dispatching private patrols and calling up lawyers to sue the state over public-access laws.

The signs on Broad Beach, which purport to mark the "mean high tide line," are of notoriously questionable accuracy. California guarantees everyone the constitutional right to walk below this line on any beach -- which generally means you can walk where the sand is damp. But to obey these signs, you'd often be in water over your head. Most "private" signs on the beach require state permits, which the Broad Beachers don't have. The boundaries the signs identify are meaningless in any case, since only the State Lands Commission can calculate where the exact line is. And this beach's well-kept secret is that a great deal of it is perfectly legal to walk on above the high-tide line, since, in exchange for permits to build, more than one-third of these property owners have agreed to open their dry sand for public use. This cop-for-hire on the red ATV, in other words, actually doesn't have the first clue as to where the public legally can and cannot walk on this lovely, narrow beach.

But never mind all that, because the main point here is that to take a walk on a public beach in Malibu, you shouldn't have to come armed with the state Constitution, a copy of the state Coastal Act of 1976, property maps and a tape measure. You should not encounter private guards who park on public land to tell you where public land is not -- any more than you should on Venice, Santa Monica, Redondo, Hermosa or Manhattan beaches, where private homeowners also live. You shouldn't have to feel like a trespasser. Malibu residents complain that people are cheering on the battles for beach access here because it's such sporting fun to annoy the rich and famous -- and the media certainly have been making legitimate fun of film industry mogul David Geffen. But the real reason the Malibu beach wars have attracted such undue attention is that efforts to block access to these beaches count as one of the most egregious examples of the failures of public life and public space in Los Angeles.

L.A. historically has suffered notoriously from both sorts of failures -- and critics have often linked the deficit of public life to deficits of public space. L.A. has set aside less public park space per capita than any other major American city. It has privileged private property over public space in case after case, but the failures of public space go deeper than meager acreage. Spaces that do exist can be difficult to gain access to and even to find. And wealthier Angelenos have often been allowed to treat public spaces as private.

Witness downtown L.A., an oft-cited example. The historic and business center of L.A. doesn't boast a single large public park; the few public spaces within corporate plazas and buildings tend to look private and can be hard to figure out how to enter. Consider, too, the L.A. River: It is arguably the most logical site for public green space in the L.A. basin, but the concrete channel has maximized private development along the river's banks, and the county has (until recently) made public access mostly illegal. Who can even find the river?

Violations of public space pop up regularly in the newspaper -- a private golf range, The Times reports, is under construction at Los Angeles City College -- and in one's neighborhood. Think film shoots. Mourn for all the public parking that disappears when valet hour arrives. Near my own Venice street, the producers of the Independent Spirit Awards -- the nationally televised film-awards gala -- didn't think twice as they posted "private property" signs around a rented municipal Santa Monica parking lot. In this town, traditionally, public space just can't get no respect.

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