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ATVs are due to return soon to the controversial Oceano Dunes

The sands of Oceano Dunes — the only state park where visitors are usually allowed to drive on the beach — are unusually quiet right now.

Too quiet, many locals say, because off-road vehicles and beach camping have been temporarily banished from San Luis Obispo County’s Oceano Dunes State Vehicular Recreation Area since April 14.

Many others, however, are happy about the pause, saying it will be good for the western snowy plover, a threatened sea bird species.

This discord is part of a long-running battle between environmentalists and recreation advocates along this stretch of coastline a few miles south of Pismo Beach. The environmentalists won the most recent round when a federal judge ordered the dunes closed until state parks officials obtain a permit from U.S. Fish and Wildlife Service that allows occasional bird casualties.

State parks officials, who have canceled all camping reservations in the area through May 22, said they hope to reopen it by May 23. But that timetable depends on permit approval by the U.S. Fish and Wildlife Service, which did not immediately respond to a request for comment.

Cars and a bonfire at Oceano Dunes.

Camping reservations for May 23 and beyond are still active, according to Jon O’Brien, superintendent of the state parks system’s Oceano district.

(Myung J. Chun/Los Angeles Times)

Meanwhile, along Pier Street in Oceano, business is slow.

At Sun Buggy Fun Rentals, which has been catering to visiting families for more than 20 years, “we’ve had to lay a majority of our folks off,” said owner Randy Jordan. He said he’s counting on state parks officials “doing everything they can” to reopen the area on May 23.

At the Pier Street Deli y Mas, “It’s been really slow,” manager Chelsea Nava said. “Our employees are losing hours.”

In normal times, Nava said, 80% or more of her customers are from out of town, including “a lot of people from Bakersfield and Fresno, [who] come in for the dunes.”

“We aren’t quite sure” what to expect next, Nava said, noting that her family took over the deli in late 2024. “We were doing really great right before the closing,” she said.

The closure was ordered by U.S. District Court Judge Anne Hwang, who ruled April 9 that the state needs to do more to protect the western snowy plover, which is classified as threatened under the federal Endangered Species Act.

Under Hwang’s order, the closed area can reopen when the state files a long-awaited habitat conservation plan and gets an “incidental take” permit from U.S. Fish and Wildlife Service that allows some snowy plover deaths and injuries. Jon O’Brien, superintendent of the state parks system’s Oceano district, said he was confident that the state would obtain the approval and reopen the area almost immediately after May 22.

Camping reservations for May 23 and beyond “are still active,” O’Brien said. “So if you’ve got a camping reservation for May 24, you’re still got a reservation.”

Jim Suty, president of the Friends of Oceano Dunes, which favors recreational use of the area, said he’s hopeful that parks officials can open the area as promised. But even if they do, Suty said, plenty of damage has been done.

“People really need to appreciate that closing the park at this time did nothing to help the endangered species, and did everything to hurt the people,” Suty said, referring to visitors and local businesses that depend on them. “It’s very important to the vitality of the local community.”

“It’s maddening,” said David Hamilton, who lives in nearby Arroyo Grande and said he has been driving the dunes and watching sunsets with his wife for years. “There’s so much coastline and they can’t leave this small stretch open.”

The recreation area’s status has long been crucial to Oceano, an unincorporated community of about 7,000, located just to its north.

Though there are several neighboring small cities along the nearby coast, Oceano merchants say they don’t get much business from Grover Beach, Arroyo Grande or Pismo Beach, which includes more upscale hotels and restaurants with clifftop ocean views.

A vehicle at Oceano Dunes.

Oceano Dunes State Vehicular Recreation Area remains the only California State Park where vehicles may be driven on the beach.

(Myung J. Chun / Los Angeles Times)

The judge’s order covers roughly 800 acres of off-highway vehicle area south of Arroyo Grande Creek. Until April 14, O’Brien said, up to 350 campers per night (at $10 per vehicle) were allowed in the area, along with up to 1,720 off-highway and 1,800 street-legal vehicles per day, at $5 per vehicle.

The most recent court case was initiated in 2020 by the Tucson-based Center for Biological Diversity. Zeynep Graves, a senior attorney at the center, said in a statement that state officials “have let off-road vehicles tear through protected habitat at Oceano Dunes, injuring and killing snowy plovers, harassing roosting flocks, and degrading their habitat.”

However, state parks statistics show that the western snowy plover breeding population has grown from at least 32 breeding adults in 2002 to at least 281 in 2024, exceeding state targets since 2013.

In her ruling, Hwang found that California state parks had violated the federal Endangered Species Act by permitting too much activity near the birds without having obtained an “incidental take” permit.

State parks officials responded by saying the closure “will result in thousands of families losing their camping reservations and coastal recreational access, while cutting operational revenue that funds environmental conservation.”

During the closure, Pismo State Beach — which is just north of the off-highway recreation area and Arroyo Grande Creek — will allow a maximum of 1,000 street-legal vehicles per day (and no off-highway vehicles). Pismo State Beach’s two campgrounds (near the beach but not on it) remain open.

Oceano Dunes is the state’s only oceanfront off-highway vehicle recreation area. Drivers have been driving on the beach and dunes there since the early 20th century. The state acquired the land in 1974 and created the Oceano Dunes State Vehicular Recreation Area in 1982.

Through the years, state parks officials have gradually reduced acreage open to off-highway vehicles as recreation advocates and environmentalists have debated how much protection the birds need. Often, the battle has pitted the California Coastal Commission (seeking to curtail vehicle access) against leaders of California State Parks (seeking to continue vehicle access).

Apart from closures, Oceano Dunes recently faced another challenge. Because of CoVID-19 safety measures, the area locked its gates in 2020-21. During that time, rare shorebirds started nesting in areas usually reserved for off-roaders and their beach-riding vehicles. In 2021, the California Coastal Commission sought to permanently end off-road driving in the dunes but was later overruled by court rulings that the agency had overstepped its authority.

Throughout the debate, the area has remained popular. In 2022-23, the most recent fiscal year for which statistics are available, the area drew more than 908,000 visitors, including about 126,000 campers.

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Leavenworth, Kan., relents and will allow a private prison to reopen and house immigrants

A Kansas town known for its prisons is allowing a shuttered private prison to reopen and house immigrants detained for living in the U.S. illegally after a nearly yearlong legal fight amid a massive national push for new detention centers.

The City Commission in Leavenworth on Tuesday approved a permit to private prison operator CoreCivic. Members voted 4 to 1 to approve a three-year permit with conditions that set minimum staffing levels, ban the housing of minors and provide for a city oversight committee.

“If they don’t follow those guidelines, we can pull the permit,” Mayor Nancy Bauder said before the vote.

The 1,104-bed Midwest Regional Reception Center is 10 miles west of the Kansas City International Airport. CoreCivic, one of the nation’s largest private prison operators, said the center will generate $60 million annually once it’s fully open.

Leavenworth, Kan., sued CoreCivic after it tried to reopen the shuttered prison without city officials signing off on the deal.

The legal battle played out in state and federal courts, with the Department of Justice siding with CoreCivic in legal filings. The department argued that the city was engaged in an “aggressive and unlawful effort” to “interfere with federal immigration enforcement.”

It appears to be the only such legal battle nationally to delay a private prison from opening amid President Trump’s push for mass deportations. The city argued that requiring a permit would prevent future problems, while CoreCivic maintained that it didn’t need a permit and the process would take too long.

Leavenworth was an unlikely foe because the GOP-leaning city’s name alone evokes a shorthand for serving hard time. Prisons employ hundreds of workers locally at two military facilities, the nation’s first federal penitentiary, a Kansas correctional facility and a county jail, all within six miles of City Hall.

CoreCivic stopped housing pretrial detainees for the U.S. Marshals Service in its Leavenworth facility in 2021 after then-President Joe Biden called on the Justice Department to curb the use of private prisons. The American Civil Liberties Union and federal public defenders said inmates’ rights had been violated and there were stabbings, suicides and even one homicide.

The city’s lawsuit described detainees locked in showers as punishment and accused CoreCivic of impeding city police force investigations of sexual assaults and other violent crimes.

Almost four dozen people spoke in opposition to the permit before the commission’s vote. Bauder admonished the crowd several times for being too noisy, and police removed a protester who yelled vulgar comments.

“We, we the people of Leavenworth, are not fooled and we don’t care about their money,” David Benitez, a city resident, told the commission.

Some backers of the permit cited the potential boost to the local economy. Two CoreCivic employees argued for approval, and one of them, Charles Johnson, of Kansas City, Kan., said his job gave him purpose and allowed his family to get off of state assistance.

“The people I work alongside are caring, professional and committed to doing things the right way,” he said, his comments drawing boos from critics outside the commission’s meeting room.

City Commissioner Holly Pittman said because the city “stood firm,” it could negotiate conditions on the permit. She said denying it would risk a potentially expensive lawsuit.

“I will not gamble the financial stability of this city,” she said before voting yes. “Let me be clear: Approval does not mean endorsement.”

Hollingsworth and Hanna write for the Associated Press. Hollingsworth reported from Mission, Kan.

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