Besig v. Friend
| Decision Date | 04 January 1979 |
| Docket Number | No. C-76-2878-CBR.,C-76-2878-CBR. |
| Citation | 463 F. Supp. 1053 |
| Court | U.S. District Court — Northern District of California |
| Parties | Ernest BESIG, Preston Cook, and Lidia Lagarda, Plaintiffs, v. Eugene L. FRIEND, Loris Digrazia, Peter F. Armstrong, Tommy Harris, Amy Meyer, Keith Eickman, Individually and in their capacities as the Recreation and Park Commission of the City and County of San Francisco, their agents, successors, and assigns, John J. Spring, in his capacity as General Manager of the Recreation and Park Department of the City and County of San Francisco, his agents, successors, and assigns, George R. Moscone, in his capacity as Mayor of the City and County of San Francisco, St. Francis Yacht Club, South End Rowing Club, Dolphin Boating and Swimming Club, San Francisco Rowing Club, Pacific Rod & Gun Club, Golden Gate Angling and Casting Club, Golden Gate Model Railroaders, San Francisco Model Railroad Club, Golden Gate Rifle and Pistol Club, Golden Gate Yacht Club, San Francisco Lawn Bowling Club, Golden Gate Lawn Bowling Club, California Association of Pioneer Women, San Francisco Model Yacht Club, Roy A. Lazzari, Defendants. |
Sandra Terzian-Feliz, Nancy Scott-Ince, San Rafael, Cal., Dennis Roberts, Oakland, Cal., for plaintiffs.
Pillsbury, Madison & Sutro, James Michael, James J. Walsh, Terry D. Carlone, San Francisco, Cal., for defendant St. Francis Yacht Club.
Plaintiffs Ernest Besig, Preston Cook, and Lidia La Garda residents of the City and County of San Francisco, brought this suit against the St. Francis Yacht Club and various other clubs leasing property from the City and County of San Francisco, claiming that they had been denied access to "public park property."1 The suit was filed in federal court pursuant to 42 U.S.C. § 1983, as plaintiffs assert that defendants acted under color of state law to deprive them of their constitutional rights. They argue that conditioning access to public park property on membership in a private club conflicts with the constitutional guarantees of freedom of speech, freedom of association, equal protection, and due process. Plaintiffs also contend that the clubs' use of public property is unlawful under California common law, state constitutional provisions, and the San Francisco City and County Charter. Plaintiffs seek declaratory and injunctive relief granting them access to the property occupied by the clubs. The case is presently before this Court on defendant St. Francis Yacht Club's motion for dismissal or summary judgment and plaintiffs' cross motion for summary judgment.
After considering the briefs and arguments of counsel in support of the motions for summary judgment, this Court requested briefing on the applicability of the Pullman abstention doctrine2 to this case. The case fits within the pattern of cases in which the Pullman doctrine has been invoked, for plaintiffs' federal constitutional claims can only be resolved after a determination of issues of state law. Plaintiffs' allegations of deprivation of constitutional rights rest on the theory that the St. Francis Yacht Club is excluding them and other members of the public from "public park property." Plaintiffs contend that the property was dedicated for park purposes and that a lease of this land to a private club is illegal. Defendants insist that the lease is lawful under state and local law and that the property rights acquired under the lease enable the club to exclude plaintiffs from the property.
Both parties oppose abstention, each side arguing that the state law issues clearly must be resolved in their favor. In fact, the appropriate resolution of the state law issues is far from clear. Since the determination of the state law questions presented in this case could obviate the need to decide the federal constitutional claims and would at least materially affect the nature of the federal issues presented, this Court has determined that abstention under the Pullman doctrine is appropriate in this case.3
The St. Francis Yacht Club was incorporated in 1927 as a nonprofit organization. The articles of incorporation state that the club was organized for social purposes, including the purpose of developing and promoting aquatic sport. In 1927 the club obtained a ten-year lease on a small parcel of state tidelands property from the Board of State Harbor Commissioners. A clubhouse was built on this property, located on the Marina in San Francisco. In 1935 the state granted certain tidelands property to the City and County of San Francisco, including the parcel of land then being leased to the St. Francis Yacht Club. The statutory grant authorized the City to lease any portion of the property granted for a period not to exceed 10 years to a nonprofit corporation, club, or association organized for the purpose of developing and promoting aquatic sport:
The San Francisco Board of Supervisors resolved on April 5, 1937, that the entire parcel of land granted by this statute was "dedicated for park purposes as an addition and extension of Marina Park," and the resolution was approved by the Mayor on April 6, 1937. An ordinance approving a ten-year lease to the Yacht Club made by the Board of Park Commissioners was passed on April 19, 1937 and was approved by the Mayor on April 27, 1937. The City has continued to lease this same parcel of land to the Yacht Club, and the club currently holds a lease that will expire in the year 2014. The state legislature has amended the statutory grant twice, solely for the purpose of extending the permitted lease term, first to a 20-year period in 1963 (Ch. 1298, Cal.Stats.1963), and then to a 40-year period in 1970 (Ch. 670, Cal.Stats. 1970).
The St. Francis Yacht Club's lease with the City provides that "any rights granted hereunder shall be enjoyed only by the Members of said YACHT CLUB and their bona-fide guests." In order to become a member of the Yacht Club, one must be sponsored by a club member and approved by the board. Regular members must pay initiation fees and monthly dues. The Yacht Club offers its members extensive dining and bar facilities at the clubhouse and organizes social functions for club members. In addition to the facilities at the clubhouse, the Yacht Club offers recreational facilities at Tinsley Island, an island in the San Joaquin Delta that was purchased by the club. The St. Francis Yacht Club is well known for its sailing activities. The Yacht Club rents slips at the yacht harbor, adjacent to the clubhouse, and maintains a fleet of small sailboats. Each year the Yacht Club sponsors numerous yacht races.
Plaintiffs contend that the St. Francis Yacht Club's exclusion of nonmembers from property leased from the City constitutes a denial of federal constitutional rights under color of state law. In support of their motion for summary judgment, they assert:
"Plaintiffs are guaranteed, by the federal constitution, as a privilege and immunity of United States citizenship, the right to use public parks and other facilities impressed with a public use, free from municipally imposed requirements of forced associations, arbitrary license fees, or the unfettered discretion of anyone." (Capitalization omitted.)
Plaintiffs' federal constitutional claim is based in large part on the rather novel theory that plaintiffs have a First Amendment right not to be required to associate with Yacht Club members in order to gain access to public park property. The parties disagree, however, as to whether the land leased by the club can be characterized as public park property. Plaintiffs insist that the land leased to the Yacht Club retains its character as a public park despite the provisions of the lease granting the club exclusive use of the property. Plaintiffs' federal constitutional claim is predicated on the assumption that a lease granting exclusive possession of this land to a private club with restrictive membership policies is invalid under state law. Since a ruling that the lease is unlawful under state law would obviate the need to consider the federal constitutional issues raised, the state law issues should be decided first in order to avoid the unnecessary decision of federal constitutional questions.
Although plaintiffs have attempted to demonstrate that the federal issue in this case is not intertwined with issues of state and local law, the parties' briefs focus primarily on California law and the San Francisco City and County Charter provisions relating to the legality of the Yacht Club's lease. Plaintiffs attack the validity of the lease on various grounds. In the brief submitted on the abstention issue, plaintiffs emphasize that this property was dedicated as public park land and that the City Charter, the California Government Code, and California cases impose restrictions on the use of park land. Plaintiffs contend that the Yacht Club's use of this property conflicts with those restrictions. In the memorandum supporting their motion for summary judgment, plaintiffs challenge the validity of the lease on several other grounds. First, plaintiffs...
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...40, 514 P.2d 861 (1973). Claims of harm to public trust property is another area where courts are expanding standing. Besig v. Friend, 463 F.Supp. 1053 (N.D.Cal.1979); Paepcke v. Public Building Commission, 46 Ill.2d 330, 263 N.E.2d 11 (1970). In Marks v. Whitney, 6 Cal.3d 251, 98 Cal.Rptr.......