Legislating by Lawsuit?

Wow, internet was down all day...

Anyway, in today's Daily Pilot is this little tidbit about the Newport Beach Brewing Company and the potential threat of lawsuit.

I know that it probably wasn't Alicia Robinson's intention to imply this, but she wrote,

"Newport Beach officials may again have to rethink the best way to address complaints about the Newport Beach Brewing Co...now that the brewing company is threatening a lawsuit over changes the city made to its operating conditions."

Are you telling me that the Newport Beach Planning Commission went through hours and hours of meetings and discussion, and then the Newport Beach City Council went through their hours and hours of meetings and discussion. Only to come to a decision, which the Brewing Company doesn't particularly care for, for which they threaten to sue, and then have the Newport Beach City Council potentially change their decision because of a potential lawsuit?

Let me get this straight again.

Newport Beach City Council makes a decision about a business.

Business doesn't like the decision and threatens to sue.

Newport Beach City Council changes mind?

Is that how it works? The Newport Beach City Council legislates out of fear of lawsuits?

I sure hope not.

But lets look at some recent history.

Back in June, when the Newport Coast trash contract was being discussed, a big to-do was made over a contract given and then taken away from Ware Disposal. Ware Disposal hinted at a lawsuit, and the Council got nervous. But Ware backed off on the threat because they were still in the running for the contract and wanted to play nice.

A couple of years ago, Steve Sutherland was given the keys to build Marina Park in a single bid, but was voted down, so he sued and the City settled out of court. Those Marina Park residents sued and got more money to leave. Free money. Win-win for everyone but the City.

And now...the Sober Living/Rehab Home issue. Against the best interest of the community, the residents, and the future of the City, for some reason (some obvious to people, some not...), the City Council began dragging their feet. But have their actions been dictated out of fear of being sued (like Long Beach did, so they say) because of the protected Disabled status these recovering addicts enjoy? Take a look at this OC Weekly article from last year to so how far one could go suing using his Disabled Status as the hammer.

But now the threat of lawsuit may come from the residents on this issue as the Balboa Peninsula residents have lawyered up. Go to any town hall meeting on this issue in the community and you'll hear about it. Class Action lawsuit this, Class Action lawsuit that. Even Planning Commissioner Chairman Bob Hawkins, Esq., heard about it, asking the speakers if a lawsuit was brewing within the residents.

So how should the City Council legislate? For the best interests of the City? Or in a way as to avoid the most amount of lawsuits?

With Sober Living/Rehab Home issue, there will be no avoiding a lawsuit from someone.

With the Brewing Company...with all those bars within 5 miles of the place, who knows...

Just so long as the Million Dollar Newport City Attorney's office can justify their OUTSIDE ATTORNEY budget I guess, since they aren't set up to handle the lawsuits themselves...for a million dollars.