NEWPORT BEACH, Calif. (CN) — A Southern California surfing instructor sued Newport Beach on Tuesday, claiming that the city violates his constitutional rights by enforcing an ordinance that prohibits paid surfing lessons on its beaches without a contract with the city.
Jason Murchison, the founder of Learn to Surf, says in a complaint filed in federal court in Santa Ana that the city has rebuffed his efforts to get a contract to teach on its beaches with no other explanation than that it has already enough surfing instructors.
“Aside from being unfair and anticompetitive, the city’s actions are also unconstitutional and unlawful,” Murchison claims. “Under the First Amendment to the United States Constitution, the city cannot prohibit Mr. Murchison from instructing others on how to surf. The 14th Amendment to the U.S. Constitution also prohibits the city from favoring certain similar beach activities over others.”
The new lawsuit comes in a long-running conflict between Murchison, a former Navy diver who says he gave up a career in law to devote himself to his surfing business, and the wealthy coastal city famous for its beaches and surfing.
In 2016, Murchison says, Newport Beach cited him for teaching surfing without a city contract and sued him in state court. That lawsuit, according to Murchison was settled in 2017, but last year the city sought to enforce the settlement. His new lawsuit doesn’t challenge the state court settlement.
Currently, Murchison contracts with about eight other instructors to provide year-round surfing and stand-up paddle board lessons in Orange County. If not for the city’s ordinance, he claims, he would also teach aspiring surfers in Newport Beach.
“I was surprised that a separate lawsuit was filed related to this matter because the city has been litigating similar issues with Mr. Murchison for years,” Newport Beach City Attorney Aaron Harp said in a statement.
Harp said he hadn’t seen the complaint yet, but he pointed out that the city contracts with multiple private companies to provide surfing and other lessons if they comply with the municipal code provisions that ensure the public is protected.
For instance, Harp said, the surf companies that contract with the city are required to have insurance, comply with penal code sections regarding mandatory reporting requirements related to child abuse and neglect, and comply with criminal background check requirements.
“Overall, protecting the public by having rules and regulations that govern how public property is used by private companies is good for everyone and the city will continue to allow independent contractors (that follow the rules) to provide services to the public in Newport Beach,” the city attorney said.
Murchison’s claims include violations of his First Amendment right to freedom of speech and his Fourth Amendment right to equal protection, illegal monopolization of surf and stand-up paddle board instruction, attempted monopolization of surf instruction, and violation of the California Coastal Act.
He seeks a block of the ordinance, nominal damages of $1 and attorneys’ fees and legal expenses.
Murchison is represented by Caleb Trotter and Donna Matias of the Pacific Legal Foundation in Sacramento.