Any surfing lawyer types out there?

[No wind & 10']

Saturday morning I was issued a $99 ticket for surfing the north Columbia river jetty (Little Waikiki) for not paying Washington State Park's $10 day use fee. I'm not sure if this is legal after a friend sent me this article about " Two Eugene surfers win case against Forest Service user fees."

Link to article: http://members.efn.org/~surfride/news/court-case-11-15-97.html

I'm hoping to find someone who might know how to fight this? I hate to see our free access to the ocean taken away, seems like a fight worth taking on. $10 a day or the $99 parking ticket seems a little excessive don't you think?

[Sparky]

Is the area where you were parked a state or county park? If so you may be screwed!

[No wind & 10']

I was parked in the parking lot right pretty much right on the Jetty. I had to drive through the State park to get there. Either way I'm hoping that it doesn't matter because they do not own the rights to the jetty? From what I understand that was the case in Florence.

[holddown]

I'm no lawyer, but the situation is different in Oregon since the public owns the beach as decreed in the 1967 beach bill:
http://www.orgov.org/beachbilltext.html There is not a similar law in Washington.

I believe the tickets in Florence were overturned because the Forest Service was charging for access to the beach. Notice that the first section says "the public may have the free and uninterrupted use". But, the Columbia Jetty access sounds similar to that in Florence even though there isn't guaranteed access in Washington. Interesting. I'd suggest talking to the head of the nearest Surfrider chapter since they are familiar with local access laws.

I'm not sure how the situation is different at State Parks such as Cape Lookout or Ecola. I can only assume that the State Parks are getting away with the day use fee since it's essentially a parking fee, not an access fee. I think the difference is that the parking at Florence is on the jetty which is defined as beach in the bill since it is below the vegetation line. At Indian and other State Parks, the actual parking is off of the beach. It would be interesting to see what would happen if someone fought a ticket at Indian. Wilbur?

For more info on the Oregon Beach bill, check out this OPB program:
http://www.opb.org/programs/oregonexper ... beachbill/

[McDing]

As someone mentioned; Surfrider. If Surfrider is weak or non-existent in your area; call thier national office. Start with a trip to their website. Beach access is a leg on their stool. Gain some knowledge of local law and determine if you have any legal recourse. If you do, you maybe able to argue the case yourself. Follow the timeline/appearance date etc. on your citation. If you don't you'll miss the opportunity to argue the case. Wouldn't hurt to talk to the press either. Maybe you can get a reporter interested and generate some publicity. It all starts with you.

[the dude]

Where you were parked by the jetty is part of the state park. In any case, you drove through the state park and didnt pay. Buy a yearly pass and you'll never have to worry about it again.

[speelyei]

the only legal types I remember were kevinfromseattle or girlinthecurl, neither was real fun.

what about Nash?

[Tex]

Honestly, I am more interested in the session. How was it?

[Doc]

Me too...haven't surfed there since the 20th century

Doc

[No wind & 10']

Is wasn't worth the 99 Washingtons, that's for sure.

[The Pabst Man]

I am a lawyer who surfs regularly. I don't know if that qualifies me as a "surfing lawyer." Unfortunatley, you got popped on the wrong side of the river. I can't give any specific legal advice, because I am not admitted in Washington.

However, fight what you can fight. Look at the statute cited on your ticket and then apply the facts of your particular situation. If the agency can't meet their burden of proof then contest the ticket with a bench trial. In most states the charge will be dismissed if the officer fails to show up. There are some scheduling tricks you can attempt to try to get a day when the officer is unavailable for a trial, but it is usually not worth the cost of the ticket to go about it. Also, in some states you can request "discovery" if you want a bench trial. Some agencies would rather dismiss the ticket than contact the issuing officer and attempt to obtain his/her notes, dispatch tapes, reports, etc. These tactics can back fire in a hurry and piss off a judge, so be careful.

It sounds like you don't have much of a fight on the merits. However, a judge may have pity on you and reduce the fine, or dismiss the ticket outright, if you explain your confusion regarding when a fee is required after entering a guilty plea. If true, let the judge know your lack of a criminal record, clean driving record, you perform community service, and that you are generally a law abiding citizen. Additionally, if true, tell the judge you visit Washington to surf regularly and have not run into this issue before. Be presentable, respectful, and you should get a reduction. If you see the person who gave you the ticket before court, explain the situation to them and ask if they can dismiss it or reduce it. You can get their name from the ticket and then just ask anyone in uniform if they are the person who issued the citation. I gave this advice to my buddy and he walked out with a huge fine reduction.

It is better to enter a plea of guilty in person, but at a minimum you should contest the citation in writing (if allowed). Just explain the situation and hope for a fine reduction. Good luck. PM me if you have specific questions.

[No wind & 10']

Thanks everyone for all the ideas and advice! I have one week left to dig anything else up before I check a box on the back of the ticket.