Laguna Beach Dive Laws

Lifeguards make decisions for divers


  • Total voters
    22

Please register or login

Welcome to ScubaBoard, the world's largest scuba diving community. Registration is not required to read the forums, but we encourage you to join. Joining has its benefits and enables you to participate in the discussions.

Benefits of registering include

  • Ability to post and comment on topics and discussions.
  • A Free photo gallery to share your dive photos with the world.
  • You can make this box go away

Joining is quick and easy. Log in or Register now!

ZeagleBuddy

Guest
Messages
8
Reaction score
0
Location
Orange County, CA, USA
# of dives
200 - 499
Hello SCUBA WORLD:

I have filed a Federal Civil Rights suit against the City of Laguna Beach, California, USA.

I am attaching the most recent revision of that suit, known as a "first amended complaint".

Are any other divers out there defending themselves against dive regulations?

Leonard Porto
Dive Criminal
 

Attachments

  • First Amended Complaint COPY.pdf
    271.3 KB · Views: 487
Please keep us posted on this. I'm glad you didn't just let it slide. I'm very anxious to hear the outcome...
 


A ScubaBoard Staff Message...

moved to Whine and Cheeze..
 
I read the PDF.....didn't help much. What exactly is it you are complaining about? Looks like you got a ticket for something - I couldn't figure out why, or for what.
 
? What exactly was the it that the Lifeguard did?
.... was this a lifeguard demand to not dive due to .. being solo? ... teaching? ... ?
What was this "Hazardous Skin Diving and Scuba Diving" ?

a little more info please

(one thing is missing, what if your unfamiliar with local conditions and ask the lifeguard? )
 
Hello SCUBA WORLD:

I have filed a Federal Civil Rights suit against the City of Laguna Beach, California, USA.

I am attaching the most recent revision of that suit, known as a "first amended complaint".

Are any other divers out there defending themselves against dive regulations?

Leonard Porto
Dive Criminal

I love it when people who don't understand the first amendment try to use it to flog others innapropriately. Great way to diminish the value and impact of the US Constitution!
 
Interesting. Let's see if I have this straight:
1. There have been several years of confrontational history between the Plaintiff, the Lifeguards, and the city police.
2. On the day referenced in the suit, the Lifeguard was notified in Boater's Canyon (aka Fisherman's Cove) that the divers were going diving and where they would exit (Shaw's Cove).
3. The Lifeguard said "no diving, bad conditions" or something along those lines.
4. Divers proceeded to dive.
5. Lifeguard notified authorities.
6. Divers met (confronted) by authorities upon exit at Shaw's Cove.
7. Discussion proceeded to parking lot at Laguna Sea Sports.
8. Plaintiff called attorney after 4th request.
9. Police officer interrupted the phone call and got physical.
10. Plaintiff's attorney arrives, citation issued, everyone goes home, and later a Lifeguard admits that Plaintiff was intentionally targeted for citation.
11. Later court appearances, DA declines to prosecute, Plaintiff lawsuit against authorities for a host of reasons concerning constitutional violations of civil rights and the fact that the Lifeguards are not dive qualified to make a determination of diving conditions.

The Plaintiff is exercising his rights as a citizen. Can't fault that and it often brings about positive change. On the other hand, authorities never let things just slide and often take the path of least resistance to eliminate a problem or potential problems. Personal history + Lawsuit = Potential and/or eventual loss of all diver access to county beaches. Win the battle, lose the war.

Should prove interesting.
 
Lifeguards don't need to be dive qualified to make the call. All they need to be qualified to make judgement on is if they are put at undue risk if they have to go out and save the diver's butts.
 
Enjoyed the read.
Of course, there are two sides to every story. And, while some of the complaints may be a stretch, some of them look very valid.
Good luck!
Will be interested to see how it turns out.
 
https://www.shearwater.com/products/peregrine/

Back
Top Bottom