Many of you are well aware of the sad saga of the Children's Pool. Eco-groups and "friends of the seals" have orchestrated a campaign of harassment and intimidation against divers, fishermen and the beach-going public for over a decade now. Actions such as throwing rocks, spitting, stealing, vandalizing, punching, shoving, yelling profanity, death threats and even assaults with a stun gun perpetrated by animal-extremists against beach-goers and tourists are commonplace and often ignored by the police and the City of San Diego. Additionally, despite court orders and in violation of state law, the City of San Diego has continuously ignored its obligations to the citizens of the State of California and residents of San Diego. These obligations are set-out in the so-called Children's Pool Trust and the State Constitution. Among these obligations is the guaranteed right of "convenient access" to the Children's Pool beach for fishermen. Despite this constitutional right to access, the City has, in the past, closed this beach and continues to post rope barriers and warnings across the beach. The City has even sought to outright close the beach and pool for part of the year in violation of State law and the Constitution.
Unfortunately, what was once recognized as a true San Diego treasure and originally built primarily for a Children's bathing pool and playground has been neglected and virtually destroyed. Hollywood once shot movies there. Detroit shot a car commercial at the Children's Pool. The first permanent San Diego Lifeguard Station was constructed there. National Geographic once wrote of the Children's Pool: "Even Alice, fresh from Wonderland, would have gasped at the landscape spread below me". However, we have a lifeguard station which has been condemned. We have "port-a potties" on the sidewalk. The sea wall and stairs are literally crumbling. The cliff-side has collapsed onto the beach and undermined the sidewalk. Extremists populate the sidewalk shouting obscenities at anyone with the temerity to step foot on the beach. The City Police Department has a special "policy" not to enforce many City codes and ordinances at the Children's Pool. The sand is polluted with seal feces. This San Diego treasure has nearly been lost.
Fortunately, unlike the politicians who bow down to the animal extremists, brave individuals have been willing to take a stand. Attorney Paul Kennerson fought for years in court to have the fact recognized that the City of San Diego breached its obligations to the citizens of this State and to have the Children's Pool restored. On the eve of victory, the legislature modified the trust to allow the seals to remain at the Children's Pool at the discretion of the City. However, this same State action re-affirmed the rights of the citizens of this State to have "convenient access" and safe facilities at the Children's Pool. The City let the seals stay but never improved access or improved the facilities. Instead, the City has actually let the situation get worse and tried to close the beach entirely. Therefore, a new plaintiff has stepped forward represented by Paul Kennerson to make a claim against the City of San Diego. Just as the Supreme Court previously recognized that the City had neglected its duties to the citizens of the State, we expect that either the City will restore beach access and restore the facilities at the Children's Pool or once again be found negligent by the Courts.
This fight has entered a new and final phase. The City is running out of excuses for breaching its obligations. Last time, it cost the City almost $1 million. This time we will win. We need your help. The Council of Divers and the Friends of the Children's Pool need donations to help hold the City accountable. Please visit La Jolla Seals for information. Please consider a donation. It is desperately needed. Any new/lightly used dive gear can also be donated. Please contact me to find out how you can help.