Gualala vs. Goliath: A battle over fireworks, freedom and birds

Now that the days have begun to grow noticeably longer, locals in Gualala have begun planning the area's biggest event of the year -- their Fourth of July fireworks celebration.

But there's a problem. The government Goliath known as the California Coastal Commission wants to stop the show because it believes it upsets birds. It's proclaimed Gualala's fireworks to be illegal "development." And if this unelected group of bureaucrats gets its way, fireworks shows up and down the coast will be in danger.

Of course, using taxpayer funds to frustrate small local projects is nothing new for the commission.

In 1986, the United States Supreme Court rebuked the agency for engaging in a "plan of out and out extortion" in trying to force a couple to give the agency beachfront land in return for a permit to build a three-bedroom home. More recently, the commission attempted to deny a family's efforts to build one home on a 40-acre ocean front lot because the house might be seen from the sea by passing boaters. Again, it took a court to put the commission in its place.

Now the commission is on verge of elevating its arrogance to an entirely new level. The immediate -- but certainly not last -- victim is Gualala. Prompted by a small group of local bird-watchers -- who claim the town's fireworks show causes non-endangered birds located on a federally protected island 100 yards offshore and 1½ miles from the launch site to fly away -- the commission has stepped in and demanded that the annual display cease. As its legal angle, they've decided that the 10-minute show is "development" that requires a coastal development permit.

Nevermind that the agency hasn't regulated fireworks as development in its prior 35-year history. Nevermind that the town of Gualala has all the necessary fire and local permits and that without the anticipated fireworks show, its tourist economy will take a hard hit in already troubled times. Nevermind that the Gualala show is nothing but a commendable display of love for this nation observed or that thousands of people are hoping to gather together along our beautiful coast in observance of Independence Day.

None of that matters to the commission: birds are in and patriotism is out. So apparently, a short fireworks show is the same as an illegally built shopping mall development.

The commission's attack on the Fourth of July won't end in Gualala. After all, many coastal communities, including Monterey, Bodega Bay, Point Arena, Fort Bragg and San Diego, have historically shot off fireworks without a Coastal Development Permit from the commission. But if fireworks now equal unpermitted "coastal development," all these displays are illegal in the commission's eyes and could result in severe financial penalties on the sponsoring communities.

In these economic times, it is doubtful that small communities will risk such fines. And, even if they wanted to get a permit, the red tape involved in the commission's permitting process virtually ensures this cannot happen before this Fourth of July. Thus, the commission's distaste for Gualala's skyrockets has gravely endangered Fourth of July celebrations along the entire California coastline.

Local Independence Day fireworks shows should be encouraged, not chilled by the heavy-handed tactics of a Coastal Commission obsessed with common birds. The Coastal Commission has already done enough damage to one American tradition: private property. It should keep its hands off the Fourth of July.

Graham Owen and J. David Breemer are attorneys with the Pacific Legal Foundation in Sacramento and are representing Gualala Festivals Committee in their fight against the California Coastal Commission.