Attorney: La Jolla breached fireworks agreement

La Jolla Cove is a popular spot to watch La Jolla's Independence Day fireworks. Photo by Greg Wiest
La Jolla Cove is a popular spot to watch La Jolla's Independence Day fireworks. Photo by Greg Wiest
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Fireworks debris allegedly collected by Livia Borak of Coast Law Group at La Jolla Cove July 14 — 10 days after fireworks cleanup was supposed to occur. Courtesy of Coast Law Group

By Pat Sherman

La Jolla’s annual Fourth of July pyrotechnics display at La Jolla Cove captivated crowds again this year — despite another last-minute cancellation scare weeks before the event.

After La Jollans ceased looking skyward that night, however, sparks continued to fly at Scripps Park between staff managing the event and a representative from Coast Law Group who was there to monitor the cleanup, per the terms of a settlement agreement between La Jolla Community Fireworks Foundation (LJCFF), City of San Diego and the law firm.

For the past four years, on behalf of its Coastal Environmental Rights Foundation (CERF), Coast Law Group has sued to prevent the fireworks from taking place, or to limit their scope, due to concerns about their impact on the environment.

In a July 7 letter to the city attorney’s office and Latham & Watkins, the law firm that has defended the LJCFF against CERF’s lawsuits pro bono for the past four years, Coast Law asserts that the LJCFF intentionally breached the settlement agreement by not allowing its representative to monitor the fireworks cleanup as agreed.

The letter states that Livia Borak, an associate attorney with Coast Law Group there to inspect the cleanup on July 4, was not permitted entrance to the launch area to monitor cleanup once it was deemed safe to enter by the fire marshal (about 11:15 p.m.), and was harassed and berated by security and LJCFF lead organizer, Deborah Marengo.

The letter states Borak repeatedly informed Barbara Folsom of Omni Security (hired by LJCFF) that prohibiting access to the launch site after it was declared safe constituted a breach of the settlement agreement.

The pyrotechnics contractor, Los Angeles-based Court Wizard Special Effects, informed Borak that she would have to remain out of the fenced area where the launch took place until the cleanup was complete because she was wearing thin, canvas shoes.

In a statement provided by Latham & Watkins, Folsom recounted, “The fencing company had also requested access to remove the fire retardant fencing and they were told no, for the same reasons. Ultimately, the fencing company decided to come back the next day. Livia continued to try to intimidate me and pressure me into letting her into the unsafe area. … As per Livia’s request, I inquired why the area was still unsafe and I was told there were wires, broken boards, nails, hot ashes, equipment laying all over the ground and walking around it was unsafe for us.”

Borak eventually stood on the adjacent seawall and took pictures of the cleanup over the fencing. According to Coast Law’s letter, Marengo arrived at 2 a.m. and asked what Borak was still doing there.

Borak claims Marengo escorted her into the launch area and began to harass and insult her. Borak said she was asked to leave after five minutes due to “safety concerns” with her shoes, although she said Marengo and several male companions were wearing open-toed shoes or sandals.

Borak was eventually given access to the launch area after the cleanup concluded, around 4 a.m.

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