The Show Will Go On in La Jolla

By Wendy Fry
|  Wednesday, Jun 30, 2010  |  Updated 1:56 PM PDT
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The annual fireworks show at the La Jolla cove will continue as planned on Sunday.

A request for a temporary restraining order filed by environmentalists to stop the Fourth of July fireworks show in La Jolla was denied in court on Wednesday.

Environmentalists asked a judge to issue a temporary restraining order halting the show because they claim the show pollutes the water with the pyrotechnics.

Superior Court Judge Linda B. Quinn denied that request. 

The lawsuit—filed by Encinitas-based Coastal Environmental Rights Foundation argues that the firework show is bad for the environment and marine life.

A local attorney, Marco Gonzalez, is trying to sue the City of San Diego for failing to conduct an environmental review.

“This was a baseless lawsuit that never should have been filed,” spokesperson for the mayor Alex Roth said.

The non-profit group who organizes the show -- a 25-year tradition -- says there is no evidence of environmental problems. They’re following the city permitting rules, which only require a parking permit as long as no food or alcohol is served at the event.

Gonzalez says the fireworks show will harm sensitive coastal resources in La Jolla, including an ecological preserve.

Quinn ruled there was insufficient evidence to prove that irreparable harm would be caused to environment.

"We accept the judge's decision. We accept that it's the Fourth of  July," Gonzalez said outside court. "But we don't accept the city's proposition that there's anything akin to a constitutional right to pollute. That's nonsensical."

The judge also said the city of San Diego may want to “clean up its act" regarding how such events are permitted.

“There are always things that can be done more efficiently and we take the judge’s comments to heart. But the bottom line is we won today,” Roth said. “The real victory is for anybody that likes fireworks on the Fourth of July. That’s a pretty broad category of people.”

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