Surfing instructor sues Newport Beach over unconstitutional ban on paid lessons

Newport Beach, CA; January 28, 2025: Jason Murchison, a former Navy diver and an Orange County resident, filed a federal lawsuit challenging Newport Beach’s ban on paid surfing lessons at public beaches. 

In 2012, Newport Beach passed an ordinance requiring written permission from City officials to teach any activity in exchange for compensation at city beaches. However, the specifics are unclear: the process to apply for permission, the standards for who qualifies, and the reasons for approvals and denials. 

Since the ordinance was enacted, many surf instructors have applied. Only three have been approved—two of whom are limited to teaching in summer months. Notably, these approved instructors must fork over to the City 20%-30% of their lesson fees. 

“It’s illegal for the government to create arbitrary barriers that favor a select few businesses while leaving everyone else stranded, whether on California’s coast or anywhere else,” said Caleb Trotter, senior attorney at Pacific Legal Foundation. 

Remarkably, only paid surf lessons are off-limits; free surf lessons are permitted, as is busking for tips. This sort of capricious and irrational preference denies Jason equal treatment and opportunity under the law. Surf lessons provided for a fee are just as protected by the First Amendment as free instruction. 

Jason Murchison is represented for free by Pacific Legal Foundation. The case is Jason Murchison v. City of Newport Beach, CA, filed in the U.S. District Court for the Central District of California.