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Back in March of this year, Sacramento City Council and the Mayor passed a new ordinance prohibiting fishing from the docks that line the waterfront in old sacramento. I urged them against adopting that portion of the ordinance, advising them of its' conflict with the California state constitution, article 1; section 25, which clearly states
A few weeks later I brought this up at a law and legislation committee hearing the city held, and was told by a council member that the city attorney would contact me regarding this matter. That never happened.
I then contacted the state lands commission who has authority to transfer or lease state lands, and asked for whatever documents they were in possession of regarding the waterfront between the two bridges in Old Sac. It took them two months and an actual phone call from me, but someone did contact me and sent me the actual lease the city of Sacramento held on the waterfront. Turns out that the lease specifically requires them to allow fishing there. So. I am waiting for the next council meeting to throw this in their faces, and in the interim, the state lands commission is investigating the matter too, as it would appear to me to be a violation of the city lease as well as a deprivation of constitutional rights.
This city council is another legislative body that has become filled with the spirit of their own selves, individually and collectively.
It should not be this hard to get a constitutional right recognized, and especially so one that is so plainly stated
The people shall have the right to fish upon and from the public lands of the State and in the waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the State shall ever be sold or transferred without reserving in the people the absolute right to fish thereupon; and no law shall ever be passed making it a crime for the people to enter upon the public lands within this State for the purpose of fishing in any water containing fish that have been planted therein by the State; provided, that the legislature may by statute, provide for the season when and the conditions under which the different species of fish may be taken.
I then contacted the state lands commission who has authority to transfer or lease state lands, and asked for whatever documents they were in possession of regarding the waterfront between the two bridges in Old Sac. It took them two months and an actual phone call from me, but someone did contact me and sent me the actual lease the city of Sacramento held on the waterfront. Turns out that the lease specifically requires them to allow fishing there. So. I am waiting for the next council meeting to throw this in their faces, and in the interim, the state lands commission is investigating the matter too, as it would appear to me to be a violation of the city lease as well as a deprivation of constitutional rights.
This city council is another legislative body that has become filled with the spirit of their own selves, individually and collectively.
It should not be this hard to get a constitutional right recognized, and especially so one that is so plainly stated