Judge Throws Out Ban On Personal Watercraft Court Says San Juan County Law In Conflict With State Rules
A judge on Monday struck down San Juan County’s ban on personal watercraft, the small “wet bikes” that some residents call noisy nuisances which damage the marine ecosystem.
Whatcom County Superior Court Judge Steven J. Mura said the strict ban, which set a $50 first-offense fine for simply putting one of the watercraft in the water, is in conflict with state laws governing use of waterways.
“It’s a total victory,” said lawyer Jeff Johnson, who represented 10 different petitioners who sued San Juan County. Plaintiffs included the Personal Watercraft Industry Association and the Port of Lopez, which handles commercial water activities on one of the biggest islands in the county.
Deputy Prosecutor John Krall said, “I’m amazed, frankly,” when told of the judge’s decision. “I didn’t see it (the case) that way.”
He said a decision on whether to appeal probably would be made in the next couple of weeks.
The county ordered the ban on the small craft, such as Jet Skis, in February after more than 1,000 of the 12,000 residents of the picturesque county signed petitions favoring the harsh limits.
The ban was one of the strongest in the nation. Its supporters said the watercraft are noisy, threaten the safety of swimmers and other boaters, could harm marine life and don’t fit in with the serenity of the San Juan Islands.
Johnson said the watercraft industry remained willing to discuss “reasonable regulations” on use of personal watercraft, but he said the county wouldn’t listen to any compromises.
“It wasn’t based on behavior,” he said of the ban. “It was just based on ‘you couldn’t be here.”’
Johnson said rules could be established on time, place and manner of use of the small watercraft, and he suggested a ban on use from 8 p.m. to 8 a.m. would be reasonable. Also, he said, all watercraft users should be required to observe speed limits in certain areas near shore.
“There never has been a county to go as far as to say ‘no time, no place, no manner.’ This is the broadest action, to my knowledge, any municipal government has attempted,” Johnson said.
Commissioners for the Port of Lopez said they joined the lawsuit against the county because the ban hindered the promotion of navigation, commerce and boating at the port district for Lopez Island.
There were some exceptions to the ban - the devices could be used in emergencies, for some commercial purposes and with special permission from the county.