Letter to Ranger Richard Belesky regarding signs at Seal Beach / Children's pool

Citizens Oversight (2012-11-03) Ray Lutz

This Page: https://copswiki.org/Common/M1318
Media Link: https://copswiki.org/w/pub/Common/M1318/LetterToParkRangerAboutAnti-SealSigns.pdf
More Info: Local Politics, Seals At Childrens Pool

• Emailed to Richard Belesky on Nov. 3, 2012.

• LetterToParkRangerAboutAnti-SealSigns.pdf: Letter to Ranger Richard Belesky about anti-seal signs at Childrens Pool / Seal Beach

Here is the correspondence that followed from the submission of this letter to Ranger Belesky.

From: "Belesky, Richard" <RBelesky@sandiego.gov>
Date: Sun, Nov 4, 2012 10:17
Subject: Followup letter on Signs at seal beach.
To: "Ray Lutz" <raylutz@citizensoversight.org>
Cc: "LoMedico, Stacey" <SLomedico@sandiego.gov>, "Hasenauer, Kathleen" <KHasenauer@sandiego.gov>, "Daneri, Daniel" <DDaneri@sandiego.gov>, "Thomas, Shannon" <SThomas@sandiego.gov>, "Ahearn, Brian" <bahearn@pd.sandiego.gov>

Mr. Lutz,

This is to confirm that I have received your letter and it is legible. Thank you for your opinions 
and interpretations of the Children's Pool situation and existing City municipal codes. We will 
give each of your points due consideration. I have forwarded your letter to the Park and Rec 
Director, City Attorney's Office, and SDPD Northern Division for evaluation and guidance.

I would like to address one statement you made in your opening paragraph. I do not agree or 
disagree with the anti-seal activists, or the pro-access activists as we refer to them. I am 
assigned to the Children's Pool to enforce City law and help maintain the peace. I do not 
"look the other way" with regard to First Amendment issues. I am following the guidance I 
have received on the matter from the City Attorney's Office and SDPD Northern Division.

Again, thank you for your interest and opinions in this matter.

Respectfully, 
Richard Belesky 
Park Ranger

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From: "Hasenauer, Kathleen" <KHasenauer@sandiego.gov>
To: "Belesky, Richard" <RBelesky@sandiego.gov>,
   "raylutz@citizensoversight.org" <raylutz@citizensoversight.org>
CC: "LoMedico, Stacey" <SLomedico@sandiego.gov>, "Daneri, Daniel"
   <DDaneri@sandiego.gov>, "Thomas, Shannon" <SThomas@sandiego.gov>, "Ahearn,
 Brian " <bahearn@pd.sandiego.gov>
Date: Sun, 4 Nov 2012 12:32:04 -0800
Subject: Re: Followup letter on Signs at seal beach.

Hello,

Very well stated.

Best,

Sent from my HTC on the Now Network from Sprint!

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Date: Sun, 04 Nov 2012 16:56:45 -0800
From: Ray Lutz <raylutz@citizensoversight.org>
To: "Belesky, Richard" <RBelesky@sandiego.gov>
CC: SLomedico@sandiego.gov, DDaneri@sandiego.gov, SThomas@sandiego.gov, 
 bahearn@pd.sandiego.gov
Subject: Re: Followup letter on Signs at seal beach.

Mr. Belesky:

Thank you for your help.

Briefly, to respond to your statements about bias. As a representative 
of a larger organization, the "you" I used in my letter represents the 
actions of the larger organization, not your personal views. Of course, 
I know you are just trying to do your job the way you see it, and you've 
been very helpful to me and I have no complaints about that, and I'm 
sure you are absolutely honest and of high integrity. I'm not talking 
about you personally, nor am I trying to implicate anyone else in some 
sort of a conspiracy. Admittedly, I should have done a better job of 
phrasing that section to eliminate that potential misconception.

With that said, it is true that these laws have been strictly and 
rigorously enforced in some situations, while not enforced at all in 
others, depending on the will of the larger organization. I would guess 
that in this case, it is just a matter of not being aware that these 
tools are available to you. It is unfortunately the case that the 
anti-seal activists have taken advantage of every opportunity to 
maintain a very large footprint in the area, with the huge OPEN sign and 
many sidewalk signs established to present what looks like the one and 
only official position, and at least in my view, violating the 
encroachment and sign codes of the city many times over.

I am not in favor of a ridiculous and extreme interpretation of those 
laws, and have fought against them. Yet, the City of San Diego has been 
adamant about enforcing these laws to a extreme level in many 
situations. If carried out in the beach parks at the same level, it 
would mean that a person could not leave even a beach towel and flip 
flops on the beach while going swimming. And it would not result in a 
friendly reminder. The person would be arrested and thrown in jail on 
the spot. In fact, that is an example we used to point out how 
ridiculous the implementation of the encroachment law, in particular, 
has been. Yet, if they are enforcing them in some situation and not in 
others, then that is not fair, and is the bias I was pointing out in my 
letter.

The strange thing is that there is a specific exemption on private 
property for "peaceful political purposes, lawful picketing" etc. but no 
such explicit exemption exists on public property. Which winds up 
leaving us in a very ridiculous situation, where it is lawful to engage 
in peaceful political activities on someone's private property (that is 
accessible to the public) but not on public property, that is also 
accessible to the public. A bit backwards, if you ask me.

Hopefully, my letter of complaint will allow you to use these tools in 
an impartial way, at least within the scope of your jurisdiction.

THANK YOU AGAIN!

--Ray Lutz

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Date: Thu, 15 Nov 2012 20:58:08 -0800
From: Ray Lutz <raylutz@citizensoversight.org>
To: rbelesky@sandiego.gov
Subject: Followup letter on Signs at seal beach.

Mr. Belesky:

I am repeating my complaint regarding violations of San Diego city 
ordinances at Children's pool / seal beach area. I went by the site on 
Sunday, 11/11/12 and there was no apparent change. I have not been 
contacted by anyone regarding the complaint. Please let me know if you 
intend to enforce the law or look the other way.

--Ray Lutz

-- 
-----------------------
Ray Lutz
Citizens' Oversight
CitizensOversight.org
619-820-5321

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From: "Belesky, Richard" <RBelesky@sandiego.gov>
To: Ray Lutz <raylutz@citizensoversight.org>
CC: "LoMedico, Stacey" <SLomedico@sandiego.gov>, "Hasenauer, Kathleen"
   <KHasenauer@sandiego.gov>, "Daneri, Daniel" <DDaneri@sandiego.gov>, "Thomas,
 Shannon" <SThomas@sandiego.gov>, "Ahearn, Brian " <bahearn@pd.sandiego.gov>
Date: Mon, 19 Nov 2012 11:11:40 -0800
Subject: RE: Followup letter on Signs at seal beach.

Mr. Lutz,

I have forwarded your letter to the Director of Parks and Recreation, Stacey LoMedico.

Richard Belesky
Park Ranger
Children's Pool

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