A two-day trial in federal court wrapped up this week in a case in which the Coastal Environmental Rights Foundation accused Long Beach restaurateur John Morris of polluting Alamitos Bay with fireworks debris during his July 3 Big Bang on the Bay charity event.
Now the decision is in the hands of U.S. District Court Judge Mark C. Scarsi, who sits on the Central California District bench.
A ruling in this case could impact similar events during which fireworks are exploded over the water, including high-profile shows at Sea World in San Diego, as well as displays in Huntington Beach, Marina del Rey, Dana Point, San Clemente, Redondo Beach, Manhattan Beach and San Pedro.
The Coastal Environmental Rights Foundation has asked for an injunction to stop the Big Bang show until a National Pollutant Discharge Elimination System permit is issued. The foundation has also asked for Morris to be hit with a $56,460 civil penalty per annual show after Nov. 2, 2015 — or $338,760 total for six shows — and pay plaintiff’s costs and attorney fees.
CERF volunteers and related groups have fought against fireworks shows over water in California for years, including providing testimony at regional water quality control board hearings for permits and settlements.
This is the first case to make it to court, however. San Diego-area fights around Sea World and La Jolla (cited in the lawsuit) resulted in rules from the San Diego Regional Water Control Board requiring fireworks permits.
In the current lawsuit, CERF argued that fireworks debris includes a litany of harmful metals and chemicals. Morris’s attorneys — Joseph A. Walsh, II, Anusha E. Pillay and Caroline J. Wilson — submitted an affidavit from Dr. John Steinberg, a pyrotechnics expert, contradicting CERF’s argument.
Morris, though, acknowledged in a Facebook video on Thursday, Feb. 2 — a day after the trial wrapped — that he did not receive a permit from the federal government. He had received permits from essentially everyone else, Morris said, including the California Coastal Commission, the Los Angeles Regional Water Quality Control Board and Long Beach.
“I just didn’t have this one piece of paper from the federal government,” Morris said. “And there’s no way to get it.
“I gave a short closing statement at the very end,” he said earlier in the video, “and I got very emotional. This event is very big for me, very big for everyone in the community.”
Morris and the Big Bang show were sued in 2015 over pollution, with Morris agreeing to conduct water quality studies before and after shows. Last year, the LA Water Quality Control Board issued an order requiring a monitoring report, a best management practices report and an alternative study exploring other locations or types of fireworks — all due after last year’s show.
Morris said he has complied with those orders.
CERF attorney Livia Borak Beaudin, for her part, said in an email that Morris should find an alternative to the fireworks show — and said the legal battle is bigger than just the Big Bang on the Bay.
“Defendant John Morris has been on notice that his actions were unlawful under the Clean Water Act for over seven years now,” Beaudin wrote after the hearing. “Despite the difficulties of obtaining physical evidence of fireworks discharges to water, anyone watching the shows can see they do result in pollutants entering the water.
If he wanted to help the community, she said, Morris could give the money he spends on the fireworks show directly to a charity. He could also use drones or some other fireworks alternative.
“This isn’t about Mr. Morris or one fireworks show,” Beaudin said. “Every organizer of a fireworks show over water can expect a notice of intent to sue letter if they fail to obtain a permit under the Clean Water Act.”
Morris solicits sponsors to pay for the show, and people buy tickets to an associated street fair next to the Boathouse on the Bay restaurant. Proceeds go to area charities, primarily Children Today.
There is no indication when Scarci will issue his ruling.
“We started the permit process this week for the Big Bang on the Bay 2023,” Morris said at the end of his Facebook video. “So hopefully, we’ll see you real soon.”
