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Politics & Government

Playing Football Near Seals Results in $525 Fine

Eric Bizzigotti says he will challenge the ticket, as well as another he received for playing Frisbee near the seals. Seal advocate Andrea Hahn says beachgoers are disturbing pupping season.

Controversy continues to afflict La Jolla’s beach, where pupping season is currently in progress.

National Oceanic and Atmospheric Administration received a video showing San Diego resident Eric Bizzigotti playing football with his son near the shoreline in mid-February, causing 40 seals to flee into the water. Days later, the NOAA issued a $525 federal fine.

A few weeks later, Bizzigotti received a second ticket, this one from the city, for a separate incident. It was labeled as mistreating the animals while playing Frisbee.

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San Diego municipal code specifically states that it is unlawful to play any game of ball or engage in any sport except at such places and at such times as shall be designated for such purpose by the Park and Recreation Department. Bizzigotti says that based on this law, he didn’t break any rules. “It’s pretty vague,” he said. “How is tossing a Frisbee 15 feet across considered a sport?” he said.

Despite the tickets, Bizzigotti has returned to Children’s Pool. Every weekend, Bizzigotti and his friend Dan Byrns bring a group of people to Children' Beach to relax and barbecue. They have been swimming there since childhood.

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Byrns said they will maintain their weekly ritual, despite the ongoing dispute with local seal activists. “It doesn’t bother us,” Byrns said. “They’re kind of keeping the beach open for us.”

Aside from a few passersby, Bizzigotti’s group is the only one at Children's Pool.

Up the steps from the beach, a booth for San Diego Seal Watch discourages people from getting near the seals. The group is affiliated with Animal Protection & Rescue League and it is dedicated to keeping Children’s Pool a human-free habitat.

Andrea Hahn, a seal advocate, said she has been fighting for the seals more than eight years.

“We’re here because we think that it’s beautiful,” she said. “It’s a beautiful, natural occurrence that we should value and preserve.”

While seals visit other beaches in San Diego, La Jolla is unique in that many seals congregate in the one area.

Hahn said she is disappointed that people are on the beach during pupping season, when seals are giving birth. There is rope that deters visitors from entering the beach, but because San Diego law allows access, the rope is often infiltrated.

“The Park and Rec department and the Planning Commission were negligent in filing for a permit,” Hahn said. “Last year they closed the beach during the pupping season.”

She believes human activity near the beach disrupts the seal’s habitat, causing young seals to die prematurely. She said she is especially frustrated with the weekend beachgoers, including Bizzigotti. Her video of him throwing the football resulted in the $525 fine. “I think he’s guilty; there’s a preponderant amount of evidence against him for disturbing the seals,” she said.

Hahn said she hopes to return Children's Pool back to a reserve so the animals can live peacefully.

Less than 50 feet away, David Pierce has a booth promoting beach access for Children’s Pool. “We support the city’s and state’s shared use policy,” he said. Pierce, who knows Bizzigotti, said he defends the right to be on the beach. 

Bizzigotti will contest both tickets in court. The ticket from NOAA will be challenged at U.S. Federal Court on May 18. Byrns thinks they will win the case. “We’ll be in court,” he said. “We’re not giving up.”

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