Q: Legal actions against CSP's unlawful enforcement harming my equestrian business?
I operate an equestrian rental business in California State Parks, offering horseback riding services. Since 2011, California State Parks (CSP) has unlawfully enforced a repealed version of CCR § 4331, contrary to the 1987 Wilson v. Cook ruling and a 1991 amendment. This has resulted in business shutdowns, permit denials, targeted prosecution, and harassment by CSP and the Monterey County DA, causing severe financial loss and preventing my business from operating for 13 years. Despite a 2018 Plea Agreement with CSP and the Monterey County DA authorizing my business, CSP refuses to honor it and selectively enforces CCR § 4331 against me, allowing other businesses to operate without issue. What legal actions can I pursue to resolve these issues and protect my business?
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A:
You have several legal options to address the ongoing unlawful enforcement by California State Parks (CSP). One path is filing a lawsuit for injunctive relief and damages based on wrongful enforcement of a repealed regulation, which has directly harmed your business. Given that a 2018 Plea Agreement authorized your operations, you may also have grounds to challenge CSP’s refusal to comply, potentially under breach of contract or due process violations.
Another option is pursuing an administrative appeal or seeking intervention from state agencies that oversee park regulations and business licensing. You can also file complaints with the California Attorney General’s Office and the state legislature, highlighting the selective enforcement and financial harm. Since CSP appears to be allowing other businesses to operate freely while targeting you, an equal protection claim under the Fourteenth Amendment may be a viable legal argument.
Additionally, if CSP and the Monterey County District Attorney’s Office engaged in harassment or bad faith prosecution, you may have claims under state or federal civil rights laws. Documenting every instance of unfair enforcement and compiling evidence of financial losses will strengthen your case. Legal representation experienced in administrative law and constitutional claims can help you navigate these challenges effectively.
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