Facing eviction, horses remain at Will Rogers State Park
The state must show how suspending privately boarded horses at Will Rogers State Park would not detract from overall equestrian activities there, a judge ruled Wednesday.
Santa Monica Superior Court Judge Terry B. Friedman ordered the state Department of Parks and Recreation to return to court on Friday, March 8, with evidence showing how removing privately owned horses housed at the public park would affect other horseback riding activities.
“I’m struck by how little information there is on the level of equestrian activity at the park,” said Judge Friedman. “But then there is nothing before me that specifically tells me that.”
Genesses Rievera, an 8-year old Los Angeles girl, along with 34 other plaintiffs and the support of 1,300 petition signing members of the public, filed suit in Santa Monica Superior Court in December seeking an injunction of the state’s notice to evict the horses at the park. Judge Friedman allowed the horses to stay until the matter can be heard in court.
Attorneys for the state said the public would still be allowed to bring their horses to the park for use on the trails and polo fields, but they want horses permanently boarded there removed so environmental testing can be performed.
They say in order for environmental engineers to accurately determine the extent of damage the horses have on the park, the horses must be removed temporarily.
“It’s very rare in a public park for private individuals to gain benefit,” said Steve Capps, the deputy director of communications for the state’s department of parks and recreation. “Our mission is a public mission.”
But Eric M. George, the lawyer for Rievera, said removing boarded horses would diminish the level of equestrian activity in the park, violating the park’s general plan adopted by the state.
To amend the plan, the state must go through a process of public hearings before any changes can be made, George said.
“This is not just an academic point,” George said. “To make those types of changes you need to get the public involved, and really that’s what we’re asking for.”
Also, George said the state never put a time limit on the temporary removal of the horses — something that could create a paradoxical “permanent temporary” eviction.
“There is plenty of evidence that I believe will show there will be no credible equestrian presence if boarding is ended,” he said. “I’m optimistic that once all the evidence is in, we will prevail.”
“There is plenty of evidence that I believe will show there will be no credible equestrian presence if boarding is ended.” — — ERIC GEORGE Attorney
The park, located in the Pacific Palisades, is a popular destination for hikers of the Backbone Trail, as well as people who come to watch polo matches, play soccer and other sports.
It is also currently used for horse enthusiasts to board their horses, as well as a place where kids learn to ride.
The Department of Parks and Recreation determined last October that the horse operation was significantly degrading the environment in the park.
They say the horses have turned green pastures into muddy fields, and that waste from the animals are polluting nearby streams and creeks.
“It seems like the damage that is being done is being lost in all this,” said Capps. “Pasture is a packed-down, barren field, and if you compare it to pictures from the past you can see that.”
State officials announced last fall that it would suspend overnight horse boarding while a new management plan for the park is developed.
“Many of the streams have been polluted. You can see horse manure running down into that creek,” he said. “We don’t know the full extent of what’s going on there and that’s why we want the horses out for a bit so we can study this fully.”
Originally published in the Santa Monica Daily Press print edition on February 14, 2002. Read the original PDF.