The surfer vs. city hall: How one man is fighting for the right to earn a living
Jason Murchison has been drawn to the ocean his whole life. Surfing is his passion, and for him, there is nothing like the adrenaline rush of a good barrel wave. He also loves that surfing doesn’t have to be competitive; it can be just about the synergy of him and the ocean. It’s good for the soul.
Born and bred in Southern California, Jason began surfing when he was in kindergarten. And no matter where his life has taken him over the years, he always made sure there was an ocean nearby.
After attending the University of Hawaii and spending time as a diver in the Navy, Jason decided to turn his passion into his career and started teaching surfing lessons. Once he realized the demand for lessons was enough to pay his bills, his life fell into place. He gave up his original idea of practicing law – even though he had made it through the rigors of law school—and poured himself into building a business.
The only thing standing between him and the full realization of his dream is the local government.
The surfer vs. the city
Since “Learn to Surf” was founded, thousands of people have learned how to ride the waves from either Jason or one of the skilled instructors he has employed over the years. In addition to his paying customers, Jason also offers free lessons to people in substance recovery programs and Wounded Warriors. His expertise isn’t limited to surfing alone. He also runs a very professional and strategic marketing program utilizing Google ads and paid social media.
Jason takes immense pride in knowing that his small, but successful, business has allowed him to provide for his fiancée and their two small children.
While some people work behind a desk all day, Jason’s “office” comes in the form of one of the many vast, sunny California beaches where he teaches. Each beach has its own uniquely beautiful attributes, but Newport Beach is one of his favorites. Unfortunately, Newport Beach is also the reason he is now fighting for his right to earn a living.
Newport Beach is everything you imagine a California beach should be—clean, picturesque, and perfect waves for surfing. In 2012, the City of Newport Beach enacted an ordinance that requires a written agreement with the director of the Newport Beach Recreation & Senior Services Department before “any instructional activity for monetary consideration in a park, park facility, or beach” could occur.
To call the ordinance confusing would be an understatement. Nowhere in the text does it specify how to obtain that agreement or the parameters that will guide the City’s consideration. The City has also provided no legitimate justification for the burden that the ordinance places on small businesses like Jason’s. It’s certainly not a matter of safety or liability—Jason is bonded and insured and trained in CPR. And as far as competence goes, Jason’s experience and satisfied clientele speak for themselves. There is nothing in the ordinance that justifies this government gatekeeping.
Perhaps it all comes down to money. After all, the City would have no problem with someone giving lessons for free. But if you try to earn a living, they want a 20%-30% cut and the right to shut you down on a whim.
Even though it made no logical sense, Jason tried in 2015 and in 2016 to get the required agreement with the City, but he was denied both times. The only reason the City gave him was to say that no additional surfing instructors were needed. How the City could know how many instructors were needed it did not say. Whether there are enough instructors in the area is a matter for the surfing students to decide. And based on Jason’s thriving business, it would seem that there is plenty of need.
Of all the instructors in and around the area, Jason discovered that Newport Beach has entered agreements with only three surfing schools to operate in Newport. Two of these schools operate only seasonally. This leaves plenty of opportunity and unmet need for Jason and other instructors to fill.
Jason has battled with the City for years. They even took him to court in 2016, claiming he was a public nuisance. The City is demanding that Jason pay thousands of dollars in fines and fees. For Jason and his young family, this is a devastating amount. To make matters worse, he has already lost thousands in revenue from missed teaching opportunities.
You can, indeed, fight city hall
The Constitution protects economic liberty and ensures that every individual has the right to earn a living. If Jason’s business fails, it should be by his own hand and not because the City of Newport Beach government has taken it upon themselves to decide which businesses are allowed to succeed. The only thing he is asking for is a level playing field for everyone.
Jason is not one to cower in the face of injustice. With Pacific Legal Foundation’s help, he is proving that you can fight city hall. Winning this case would mean everything for Jason and his family. But the case is bigger than his family alone. On a broader scale, a win would protect the other small surfing schools that don’t have the resources or know how to challenge Newport Beach’s ordinance.
Reining in Newport Beach’s arbitrary authority could set a precedent for freedom for Jason and others. Jason is sending a message to local bureaucrats that denying someone the dignity of earning a living will not be tolerated under the Constitution.
