A California appeals court has upheld a San Diego city ordinance that closes a children's beach for 5 1/2 months each year so that seals may give birth, nurse and wean their pups.
In a decision filed Thursday, the 4th District Court of Appeal reversed a lower court ruling that set aside the ordinance governing Children's Pool Beach in La Jolla.
For years there have been disputes between people who want the seals removed and those who want to protect the seals from being disturbed. San Diego ultimately enacted the closure ordinance and the California Coastal Commission issued a permit allowing that action.
The group Friends of the Children's Pool won a trial court ruling that the ordinance is pre-empted by the Marine Mammal Protection Act and California Coastal Act.