Skateboard Arrests May Lead to Law Being Eased : Protest: Laguna Niguel’s mayor calls the deputies’ handling of the two youths unwarranted. Sheriff’s lieutenant agrees to reduce the violation to an infraction.

Mayor Patricia Bates called for a change Thursday in a law that bans skateboarding in the street and criticized as “unwarranted” the arrests of two skateboarding teen-agers who were handcuffed and photographed by sheriff’s deputies.

“I just feel the action was certainly unwarranted, given the circumstances and age of the children,” Bates said, referring to the two 15-year-olds who were arrested last week as they skateboarded along busy Niguel Road. “We certainly will get to the bottom of it and ensure that sort of thing does not happen again.”

Violators of similar ordinances have been arrested elsewhere in Orange County, police officials said, but last week’s arrests were the first in Laguna Niguel.

The arrests drew a chorus of protests from skateboarding groups and infuriated the parents of one of the arrested teen-agers. They complained that their son was subjected to treatment usually reserved for those who commit serious crimes.

Bates said Thursday that she had “great empathy for the parents,” adding that the arresting officers could have considered other options before taking the youths into custody.

“It is not something that should be viewed as a horrible infraction of the law and (as) outright lawlessness,” Bates said.

Lt. Joe Davis of the Sheriff’s Department, which provides police services on contract to Laguna Niguel, has said that the arresting officer acted appropriately and had previously issued warnings to the boys.

But on Thursday, Davis agreed with Bates’ proposal to reduce the violation from a misdemeanor to an infraction so that violators could be issued a citation and not taken into police custody.

Riding a skateboard on city streets is a misdemeanor under an Orange County ordinance that was adopted by the city when it incorporated two years ago. In June, the council approved a separate law banning “acrobatic or hazardous” skateboarding, bicycling or roller-skating in shopping centers at a business owner’s request. A violation of that law is an infraction, punishable by a $25 fine for a first offense and $50 for subsequent violations.

“We’re looking at making recommendations to the City Council that would bring all of our skateboard ordinances in line together,” Davis said. “The council has the ability to make the law fit their community and that’s what we want to look at.”

In the meantime, Davis said, deputies are not likely to make similar arrests. “I think the key is (deputies) are aware of the feelings of the City Council and the community.”

Jon Jacobs, who owns a skateboard shop in Lake Forest, said he was not surprised to learn about the teen-agers’ arrests. Jacobs said deputies regularly stop skateboarders near his store.

“They have them empty their pockets and ask them questions,” Jacobs said. “We’re talking (about) kids anywhere from 8 years old to 17 years old.”

John Morris, a supervisor with the Orange County Council of Boy Scouts of America, which is developing a program to make the sport safer, said the teen-agers should have been counseled and “should not have been embarrassed like that.”

Morris said: “I realize skateboarding can be dangerous, particularly if they’re riding on busy streets.”

Indeed, a 20-year-old man who police say may have been riding a skateboard in the street was struck by a suspected drunk driver in Newport Beach. The man, Kevin P. McLaughlin of Newport Beach, was listed in critical condition at Western Medical Center-Santa Ana. On Thursday, police were searching for witnesses who might have seen the accident.

Police said McLaughlin was crossing Newport Boulevard between Hospital Road and Industrial Way at 10:50 p.m. Wednesday when he was struck by a vehicle driven by Robert William Brown, 28, also of Newport Beach.

“A skateboard was found underneath the car and a friend of (McLaughlin’s) last saw him riding down one of our main streets,” Traffic Investigator Dan Reynolds said.

Brown was arrested on suspicion of driving under the influence of alcohol.

Meanwhile, the Laguna Niguel arrests were being closely followed by officials of Lake Forest, which will be incorporated on Dec. 21.

Councilwoman-elect Marcia Rudolph, who has three sons who skateboard, said the Laguna Niguel incident may cause the new Lake Forest council to create its own skateboarding law sooner than it would have otherwise.

“Maybe this particular situation will give us the impetus to look at it sooner,” she said.