City Sued Over Coastal Commission Ban On “Private Beach” Signs

A Malibu beachfront house owner has sued the city … because he is not allowed to put up a private beach sign on his land.

The lawsuit was filed by a right wing political law foundation … on behalf of landowners Dennis and Leah Seider.

They own a house on Latigo Beach … a house that is apparently also listed as a vacation rental on V R B O … a vacation rental service.

The Seiders want to put up signs demarcating their private property on the beach.

At this property … the landowners own the beach except for the last 25 feet down to the median high tide line.

They want to put up a sign that marks that.

The problem is … that line on the sand moves with the sand.

Under state law … only the state can survey that line … and that line can be in a different place the next day … as beaches move.

Plus … homeowners have a history in Malibu of marking supposed private beaches … where no such right exists.

As a result … the California Coastal Commission requires Malibu to enforce a ban on such signs.

But lawyers for the Pacific Legal Foundation argue that the ban on beachfront private property signs is unconstitutional …

They say Americans should not—and do not—need government permission to mark the boundaries of their private property.

They claim a right to enforce their fundamental right to exclude trespassers.

They say that Malibu’s enforcement of the state’s coastal plan forces property owners like the Seiders to forfeit both their First Amendment and property rights.

The lawsuit was filed this summer in federal court.

Interestingly … it does not name the Coastal Commission as a defendant … even though the city here is merely enforcing a Coastal Commission regulation.

We’ve asked the city if they have filed a legal reply … we will let you know.