There are days I feel like we live in some Bizarro World. A world where reality and common sense have been replaced by vibes, feelings, and this attitude of "This is my way of doing things, it's the only way of doing things, and I'm going to push it through despite everyone else telling me it's a terrible idea."
It's a world of polarity with no room for gray, even though much of everything is a shade of the color. And not just because I'm partially colorblind.
That's the basis of this story out of California, where a governmental commission went and banned off-road vehicles from a designated off-road area. You know, an area that was legally approved of by the public and voters to use as an off-road area, not just some random piece of land. But after years of court cases, and wasting everyone's time and money—mostly the taxpayers' money—an appellate court found in favor of the off-roaders, stating that the commission didn't have the authority to close off-road use of the famous Oceano Dunes.
As you'd expect, however, this likely won't be the end of it.
The focal point of this story occurred in 2021 when the California Coastal Commission usurped its authority and attempted to ban off-roaders from the Central California Oceano Dunes State Vehicular Recreation Area. As is the case for many of these bans, they cited a range of issues regarding off-road use, including destruction of habitat, noise issues, pollution, and Indigenous concerns.
By far, the biggest concern of the group was that of the threatened Western Snowy Plover bird and how off-roaders threatened its habitat. And so, to save the bird—or so it claimed—along with all its other issues with the recreational area, it would shutter the OHV Zone by 2024.
Lawsuits ensued.
A group of off-road enthusiasts, as well as local business owners, banded together to form the Friends of Oceano Dunes, which sued the commission. According to Courthouse News Service, "In 2023, a judge agreed with the group and ruled that the commission improperly modified a coastal development permit held by California State Parks." But as you'd expect, "The commission appealed the ruling the same year." This brings us to the appellate court which stated that the California Coastal Commission didn't have the authority to ban OHVs from the Oceano Dunes.
Basically, only county governments—in this case, San Luis Obispo County—can outright ban OHVs from the area. This is done through a county process called "local coastal programs," or LCP, which states what can and cannot be done in these zoned areas, i.e. the Oceano Dunes' LCP. But the Oceano Dunes' LCP strictly states that one of its main goals is to, "maximize public recreational opportunities’ — including OHV use — at Oceano Dunes." So not only did the commission not have the authority to ban OHVs, but the Oceano Dunes' LCP states that OHVs are kosher and only through the county can that be amended.
So, basically, what the Commission did was illegal.
Now, I know there's going to be a lot of hate directed at California after this story. But this type of authority usurption in the guise of doing good isn't just something from the liberal bastion that supposedly is that state. But this type of thing happens everywhere across this nation, and each time it happens, it fractures the group of public land advocates even further, which is exactly what those who wish to do away with it want.
They want us fighting amongst ourselves—i.e. the hikers, bird watchers, hunters, and off-roaders—as it takes the spotlight away from them, the developers and extractors of those resources. We cannot let that happen. And what's particularly annoying is that, despite what Fox or CNN will have you believe, when you get people into a room to discuss matters like adults, especially about a topic they love, they're reasonable people. Imagine what you could accomplish in both preserving access and the land and habitat if you just got everyone together instead of pulling this stunt.
We have to stop fighting ourselves. We have to stop pretending one group doesn't love the outdoors and public land as much as another group. Because if we don't, we won't have it.
