A Southern California surfing instructor is taking Newport Beach to federal court, arguing the city is illegally blocking him from teaching paid surf lessons on public beaches while favoring a handful of approved businesses.
The case raises questions about free speech, fair competition, and who controls access to California's coast.
Jason Murchison, a former Navy diver and owner of Learn to Surf, filed the lawsuit Tuesday with help from the nonprofit Pacific Legal Foundation.
He claims Newport Beach's strict rules on surf instructors - which require costly city contracts and limit how many can operate - violate his constitutional rights and create a monopoly.
The Conflict: Safety Rules or "Money Grab"?
Since 2012, Newport Beach has required surf instructors to get city approval before offering paid lessons.
Officials say the rules ensure instructors are insured, trained, and background-checked.
"The city governs how public resources are used by private companies for the public's benefit," Newport Beach spokesman John Pope told the Daily Pilot in an email.
But Murchison argues the system is rigged.
Only three businesses have been approved since the law passed - two operate only in summer - and they must pay the city 20-30 percent of their earnings, according to the lawsuit.
Murchison, who is CPR-certified and trained in Navy rescue operations, says he's been denied a license twice because the city claims it has "enough" instructors.
Yet he insists demand is high, with clients regularly seeking him out.
"It's really all about money," Murchison told the Daily Pilot, calling safety concerns a "guise."
He pays for a $1-million insurance policy and trains his eight instructors personally. "How is a 16-year-old [from other schools] going to have the training I have?"
Legal Battle Reaches Federal Court
The lawsuit claims Newport Beach violates the First Amendment by restricting Murchison's right to teach surfing - a form of free speech - and the 14th Amendment by treating surf lessons differently than other beach activities, like free classes or busking.
It also accuses the city of violating California's Coastal Act, which aims to keep beaches open to all.
"The government can't create arbitrary barriers that favor a select few," said Caleb Trotter, Murchison's attorney.
He noted free lessons are allowed, but paid ones face strict limits. He believes surf instruction is protected speech, whether it's free or not.
Newport Beach City Attorney Aaron Harp defended the rules, stating that contracted companies must follow safety protocols, including background checks and insurance.
"Protecting the public by having rules is good for everyone," Harp said, adding he hadn't yet reviewed the new lawsuit.
A Decade-Long Fight
Murchison's clash with Newport Beach began in 2016 when the city fined him for teaching without a permit.
A settlement required him to stop lessons and pay $40,000 in penalties and fees.
Despite this, he continued operating in other Orange County cities, like Huntington Beach Surf City USA, which has similar but less strict rules.
The lawsuit doesn't challenge past settlements but aims to overturn the 2012 ordinance entirely.
Murchison seeks symbolic damages of $1, plus legal fees and a court order blocking the law.
What's at Stake?
The case could impact how coastal cities regulate businesses on public beaches.
Newport Beach argues its rules protect beachgoers, but critics call them anticompetitive.
With only three approved schools, opponents say prices stay high, and options stay limited.
Murchison, who left law school to grow his business, now teaches veterans and rehab patients through nonprofit programs.
He thinks the city's monopoly harms instructors and the public and that people deserve choices."
A ruling in his favor could open Newport Beach's waves to more instructors - or reinforce cities' power to control their shores.
Words by Luís MP | Founder of SurferToday.com
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