Bay’s Ragtag Flotilla Weathers Legal Gale Despite Guilty Verdict

After a lengthy battle with the San Diego Unified Port District and the Harbor Police, a cluster of boat dwellers nestled in Emory Cove in the South Bay were sentenced Wednesday to three years’ summary probation--a verdict which they considered a victory.

Five boat owners--Merl Bracken, Ward Browne, John Edging, Lawrence Graf and James Holm--were sentenced by Judge Thomas J. Gligorea in South Bay Municipal Court in Chula Vista. Gligorea ruled that, as long as the case is being appealed--and it may end up in the California Supreme Court--the boaters may continue to anchor in Emory Cove.

Complaints From Residents

That’s precisely what had angered wealthy residents in nearby Coronado Cays, as well as Port District officials and the Harbor Police, who frequently ticketed the boaters in a continuing dispute over territory and rights.

The dozens of “boat people” who have docked in Emory Cove over the years included a paraplegic living on disability pension, an elderly couple who aid the homeless in Tijuana and a Vietnam veteran who ekes out a living cutting hair at the Navy Exchange for $1.50 a head.

Gligorea agreed to stay the sentence pending appeal but added that, should the appeal be dropped, the “Mud Ducks of Emory Cove,” as they have nicknamed themselves, would be ordered to leave within five days. Officials close to the case said an appeal could drag on anywhere from six months to five years.

The Port District had periodically tried to relocate the boats, which numbered as many as 60 at one time. It cited complaints from area residents, which included littering the Silver Strand with trash and polluting the waters with their waste. Accusations of drug abuse had been floated against the boaters.

Last November, the five who were sentenced Wednesday lost a round in state appellate court, when it was ruled that the Port District had the authority to oust the floating residents.

Shallow and Calm

Emory Cove is an inlet in the southwest corner of San Diego Bay. The residents treasure the water because it is shallow and generally calm. The Port District has consistently maintained that the water is too shallow and contains submerged hulks and other hazards. They also charge that the live-aboards’ presence creates pollution because of poor tidal circulation in the area. That pollution endangers nearby wildlife preserves, they contend.

In March, 1987, the Port District began enforcing rules making it unlawful to “anchor, moor, make fast to the bottom, strand or ground (any) vessel or structure” within South San Diego Bay, including Emory Cove. Authorities threatened to cite or impound any vessel remaining in the prohibited area.

The Port District designated a new anchorage for the boaters--80 acres off the mouth of the Sweetwater River--but the boat owners say the site is vulnerable to windblown waves and the waves of passing freighters. Many of their rickety craft are too old and dilapidated to survive the rougher waters or even to make the journey to the new site, the boat owners complain.

Consequently, they have refused to budge, even though many have been slapped with misdemeanor criminal citations, which they have been contesting in Municipal Court.