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Small arrows at top of sign designate separate surfing and swimming areas. This message is lost amid confusing prohibitions for surfing and swimming on the same sign.


"O" sign adds to the confusion. "  When lined up visually from the water, there is uncertainty as to whether "KO" vs. "OK" is directed at the board surfers or the other water users.


View of signs facing the water with board surfer depicted well into the board-surfer-prohibited area.


Signs designating swimming and surfing areas are difficult to read from the water.  Police are shown here oblivious to the law violation occurring in their presence by the board surfer depicted in the board-surfer-prohibited area.


 
 

 

This page is intended to showcase what attorney Robert Burns believes to be festering problems in the state of the law, in the enforcement of the law, and in the administration of justice in the Courts.  Nominations for Just Fix It are welcome by postal mail or E-mail.

Contact Robert Burns:
Phone:
(619) 223-0441
Email:
RobertBurns@OBLaw.com  

The current feature is the prohibition by the San Diego Municipal Code of board surfing in the area between the middle south jetty and the line through the signs off Ocean Beach, yet this prohibition is honored in its breach when lifeguards are off duty (e.g., 6 P.M to 9 A.M.).  Any bather, swimmer, body surfer, boogie boarder, snorkeler, or the like injured by a trespassing board surfer is intended by the law to have a cause of action against the errant board surfer for "negligence per se", i.e., negligence involving violation of a statutory law intended to protect victims against such law violations.  The City's liability for nonenforcement is not nearly as clear.  Protection of victims is doubly hampered by the confusing signs.

 

 

         
 
 

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