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AVP wins beach ruling

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Times Staff Writer

In a decision that dissenters say sets a precarious precedent, the California Coastal Commission approved a proposal by the AVP Pro Beach Volleyball Tour that will allow the AVP to charge admission for 90% of spectators at the Hermosa Beach Open.

The proposal, which passed by a 6-5 margin Wednesday, will generate additional revenue for the financially struggling tour, and help keep the sport on Southern California sands, instead of moving the tournaments to venues that allow admission fees.

It also contradicts an existing commission policy that forbids charging for the use of public beaches. It marks the first time since California enacted the Coastal Act in 1973 that the commission has approved a summertime event on the sand that will not be free for the majority of spectators.

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The admission charge must be approved by the city of Hermosa Beach, but the AVP does not expect any resistance there, so this year’s Hermosa Beach Open will almost certainly cost between $10 to $40 a day for the majority of spectators.

“It’s a landmark decision,” AVP Commissioner Leonard Armato said. “It was an arduous process, but it was worth it because it saved the sport of beach volleyball in Southern California, where it was born.”

It’s also a risky decision, according to those who oppose it, because it opens the door for other organizations to seek permits that allow admission fees.

“They’ve basically sold our beach,” said Dean Francois, an environmental activist who spoke against the proposal at the commission hearing. “It’s a monumental decision, it really is, but it’s a slippery slope. If you’re allowing the AVP, then why not the next organization?”

Francois fears that surfing organizations, which do not charge for admission, and groups that produce free concerts on the beach will now seek permits to charge for events.

“And where do you draw the line?” he said. “This completely goes against what the Coastal Commission is supposed to do and that is to protect the free and open access to our beaches.”

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The AVP, which filed for bankruptcy in 2001, has argued that it cannot sustain its business without charging admission to its events. Armato declined to discuss specific per-event losses, saying only that the Southern California events are “insolvent.”

Still, Peter Douglas, executive director of the commission, said that shouldn’t be of concern to his group.

“That really is not a basis on which this commission should be allowing the use of public space,” he said at Wednesday’s meeting. “Clearly there is a significant precedential issue here.”

William Burke, a commissioner who voted in favor of the AVP proposal, argued that the tour actually brings more people to the beaches of Southern California and that the AVP’s national television broadcasts exposes California beaches to the rest of the nation.

“The sport is an icon of the state and should be allowed some latitude because there are benefits that this state receives from that sport,” he said. “We have thousands of miles of beach and they’re talking about using only a couple of hundred feet.”

The AVP has two other Southern California events scheduled: Huntington Beach in May and Manhattan Beach in August. Each of those cities operates under a Local Coastal Program, which means they use a commission-approved rules to govern their beaches. That means the AVP must obtain permission from each of those individual cities in order to charge admission. Wednesday’s decision left AVP executives hopeful.

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“This decision only applies to Hermosa, but it provides a solid foundation,” Armato said. “And with the cooperation of other cities and municipalities we will be able to charge at all of our stops.”

Francois acknowledged that would probably happen.

“The one thing we’ve always had is that we could go and watch for free,” he said. “Now we’ve almost essentially lost that.”

peter.yoon@latimes.com

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