Surf School Owner Sues California Over Beach Access Rules

San Diego — A San Diego surf instructor has filed a federal lawsuit against the California Department of Parks and Recreation, claiming state beach rules violate her constitutional rights by restricting her ability to teach paid lessons.

Helina Beck, who owns the Wavehuggers surf school, says the department has repeatedly denied her requests for a contract to operate on Carlsbad, South Carlsbad and Cardiff State Beaches. The lawsuit, filed in the U.S. District Court for the Southern District of California, argues that the state’s restrictions on commercial activity at public beaches unlawfully limit free speech and equal protection rights.

A Fight for the Right to Teach

Beck’s lawsuit, filed with the help of the Pacific Legal Foundation, challenges a state regulation that prohibits “soliciting” or conducting commercial activity on state beaches without a contract. While the rule allows teaching for free, it bars paid instruction without official approval — approval that Beck says is almost impossible to obtain.

According to court filings, the Department of Parks and Recreation has issued only two surf school contracts for northern San Diego County beaches in the past 17 years, and just one is currently active.

“The Ninth Circuit has held that teaching others is speech protected by the First Amendment,” said Pacific Legal Foundation attorney Caleb Trotter in a statement. “Monopolizing surf instruction limits the public’s options and prevents small businesses like Beck’s from meeting public demand for lessons.”

Cease-and-Desist and Bureaucratic Roadblocks

Beck, who grew up surfing in Palos Verdes and founded Wavehuggers in 2013, said her school employs a dozen year-round instructors and about 30 during the summer season. The school has provided lessons to more than 12,000 people across Southern California.

Despite her experience, the lawsuit claims Beck’s repeated attempts since 2021 to obtain a teaching contract were rejected without explanation. In March, she received a cease-and-desist letter for allegedly conducting lessons without authorization. The letter advised her to contact the same officials who had previously denied her requests.

Constitutional Claims

The complaint argues that teaching surfing is a form of expressive conduct protected by the First Amendment. It also claims that the regulation violates the Fourteenth Amendment’s equal protection clause by creating an arbitrary distinction between free and paid lessons.

“There is no rational basis why an instructor may teach a large group surfing lesson for free, whereas instructors who wish to instruct for a fee must obtain a contract,” the lawsuit states.

Beck’s legal team is seeking an injunction to stop the state from enforcing the regulation, asserting that it causes “irreparable injury” by restricting her freedom of speech.

State Response Pending

The Department of Parks and Recreation has not commented on the case. Spokesman Jorge Moren said the agency “does not comment on pending litigation.”

The department’s formal response to the lawsuit is due Oct. 28.