Newport warns American Legion post not to use affiliation when commenting on civic affairs like surf park
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A proposal to transform the central grounds of the Newport Beach Golf Course into a man-made surf park drew community opposition over the summer — including from members of the Sons of the American Legion Post 291.
But since the city of Newport Beach sent the post a cease-and-desist letter last month, the veterans organization is publicly stating it has no position on the Snug Harbor Surf Park and is asking members not to use Legion-related titles when expressing their opinions.
For the record:
10:24 a.m. Oct. 7, 2025An earlier version of this story said that David Loy is the executive director of the First Amendment Coalition. He is the legal director.
Cmdr. Brian Fleming stressed that Newport Beach and the post have a positive working relationship and disavowed any notion that the city is threatening his organization.
“The letter makes no mention of repercussions or any kind of discipline,” he said. “It was strictly written as an informational set of statements that allowed us to comply with any of our governing authorities that could potentially be in or risk of violation. It gave us an opportunity to check ourselves.”
Opponents of a proposed surf lagoon and adjacent buildings on land in the center of the Newport Beach Golf Course held a rally July 3 in hopes of saving the course. The EIR comment period ends July 7.
Dated Sept. 16 and addressed to Fleming, the letter cited concerns that Post 291 had taken a position on the proposed 15-acre surf park and argued that state law and federal nonprofit regulations forbade such political activities.
Benny Hallock, a historian for the post, is chair of a grassroots group, Save Newport Beach Golf Course, and used his title in an online effort to gather digital signatures from those opposed to the project.
Post 291 Cmdr. Tim Sullivan also sent an email inviting recipients to a July 3 rally to preserve the public, 18-hole course.
The call to action claimed that 291’s annual Fairways of Honor Golf Tournament typically raises around $40,000 — a third of its charitable fundraising.
“Losing the golf course will have a significant impact on our organization and fundraising efforts,” Sullivan argued.
The email listed the Legion Hall’s address at the bottom.
Lauren Wooding Whitlinger, the city‘s real property administrator, warned in the letter that since the veterans group leases its Legion Hall near the 15th Street Pier from the city, state law forbids the use of publicly owned facilities for unauthorized “political” activities.
She further argued that opposing the surf park fell outside the scope of allowable activities for a federally tax-exempt veterans organization that otherwise focuses on veteran welfare, patriotic celebrations and member services.
“The city does not see how Post 291’s involvement in opposing a private development aligns with those exempt purposes,” Wooding Whitlinger wrote.
Newport Beach asked that the affiliate refrain from distributing surf park-related material from the hall or using the location — or organizational titles — for lobbying against the proposed project.
The Newport Beach City Council signaled an intent to override the O.C. Airport Land Use Commission’s critical findings on a proposed surf park a half-mile from John Wayne Airport a week after the Planning Commission recommended its approval.
David Loy,legal director of the First Amendment Coalition, raised concerns about city officials citing federal law in the letter.
“It’s troubling that the city is invoking IRS rules that are outside of its mission to enforce,” he said. “It’s one thing for Newport Beach to say they’re concerned about Post 291 misusing city resources. I don’t know if they did or did not, but that’s, at least, a valid concern for the city.”
The letter also comes as the hall is set to host the Orange County Young Republicans annual legislative reception Oct. 17. City officials were previously unaware of the event and will review it to determine whether it constitutes an unauthorized political activity.
In the meantime, Fleming said efforts to comply with the city’s requests are underway.
“Those individuals that are in opposition of the surf park were very directly told that they needed to immediately stop using the American Legion — or any association of the American Legion — in any public opposition,” he said. “The American Legion does not stand publicly to oppose anything. We stand in a positive manner to support veterans.”
The shift comes as the proposed surf park works its way through city bureaucracy.
Last month, the Planning Commission recommended that the City Council approve the park, which would host two outside breaks and potentially two inside breaks off Irvine Drive, according to its website. About 35 to 45 surfers an hour could ride the waves.
The council followed by passing a resolution signaling an intent to override a finding by the Orange County Airport Land Use Commission that the project is inconsistent with the land use plan for the area.
The surf park is expected to go before the council for approval on Oct. 28.
