California State Park Rangers Association
Legal Actions
Jack London SHP
8/3/2022
CSPRA Members,
We have very good news about the Jack London legal action that began way back in September 2019 after, a CSPRA member brought forward concerns about resource protection and CEQA compliance. After extensive deliberation, CSPRA filed a petition. On June 7, 2022, Judge René Chouteau of the Sonoma County Superior Court ruled that our petition for writ of mandate was GRANTED and the final decision was issued by the court. [the final court judgment document can be viewed at Superior Court Judgment].
With this successful outcome, CEQA requirements must be adhered to for future performances in the Old Winery Ruins at Jack London SHP. This justifies CSPRA’s difficult decision to take these legal steps. I congratulate the CSPRA officers and Board on this ruling that stood up for protection of state park natural and cultural resources.
Dave Carle, President
The Department amended its original August 13, 2019 CEQA Notice of Exemption, naming new proponents and using somewhat different justifications, requiring we refile amended court documents as follows.
Legal Documents as filed by CSPRA's Attorney of Record
First Court Filing, September 16, 2019
Amended Court Filing, October 18, 2019
Amended Petition for Writ of Mandate Court Filing, October 18, 2019
Initial Public Records Act document request, October 21, 2019
Final Superior Court Judgment, in CSPRA’s Favor, June 7, 2022
History of the Issues at Jack London SHP
In September 2019, CSPRA filed a petition for writ of mandate against DPR, Jack London Park Partners and Transcendence Theater Company, Inc.
The case was finally placed on the Sonoma County Superior Court docket for March 30, 2022, and was long delayed by COVID concerns. Opening briefs were submitted. The brief described “prejudicial abuse of discretion” and violations of CEQA (the California Environmental Quality Act), the General Plan for Jack London SHP, and several Public Resources Code sections.
This unusual action on CSPRA’s part was reaction to problems with an operating agreement for up to 30 theater performances and 20 rehearsals in the Old Winery Ruins of Jack London SHP every summer for 5 years. The large events required placement of a portable stage and 860 chairs, with food and wine sales in the Beauty Ranch Meadow assembly area. Stage, lighting trusses, and technical equipment would remain in the Ruins between events from June through September each summer. All of this commercial/concession component, including alcoholic beverage, food and other sales, bypassed the normal state review channels and the department’s own policy for use of the short term (3 days or less) Special Event Permit.
State Park’s own evaluation of the project acknowledged that the events were inconsistent with limitations set forth in the unit’s General Plan and did not constitute a “low-key event,” under the General Plan.
The opening brief filed for CSPRA with the court included this language: Under “PRC section 5019.59 only interpretative venues should take place in Jack London State Historic Park's historic Winery Ruins and Beauty Ranch. Approval of 30 Broadway type theatrical performances and 20 rehearsals is simply not consistent with the limitations. The repeated construction of the theatrical entertainment venue constitutes a new facility due to its excessive use and physical presence during peak season and the construction and use of the stage and chairs being set up during regular park hours and for several weeks each season [is]not compatible with the JLSHP's classification as an historic park.”
These are public documents filed by CSPRA's attorney in Sacramento Superior Court. However, because the court’s process to gain access and download copies involves cumbersome registration and fees we are providing them directly to members as viewable PDFs.