The long-running fight over access to the Rio Del Mar beachfront walkway took a turn in Santa Cruz County Superior Court on April 24, as a judge granted a temporary injunction in favor of the homeowners who brought the case led by Christopher Weseloh, who challenged the county’s position that the walkway is public.
In a post-disposition hearing held after appellate courts affirmed the public’s right to the path, Judge Syda Cogliati ruled that the plaintiffs, led by Weseloh, are entitled to preliminary relief while remaining issues are sorted out. The plaintiffs are requesting some restrictions or accommodations, such as possibly closing the walkway at night in the interests of safety. Judge Cogliati scheduled a settlement conference on June 30 to discuss this further.
The court denied the county’s attempt to end the case outright, signaling that key questions about how the ruling is implemented are still unresolved. The court has now ordered the parties into judicial mediation, suggesting the next phase of the dispute may be negotiated rather than decided in court.
Walk down the narrow strip of concrete that runs for 800 feet behind a row of oceanfront homes in Rio Del Mar, at both ends you’ll find a six-foot cyclone fences with green slats blocking the way. The courts had already affirmed that the public can walk there, now the question is when that law will be enforced.
After an appellate court affirmed the public’s right to use the beachfront path—and the California Supreme Court declined further review—the case has returned to the trial court to determine what happens next. The court is now positioned to monitor compliance, set deadlines, and, if necessary, order enforcement actions to ensure the long-disputed path is reopened. At this point, the question isn’t whether access exists—it’s when the law will enforce it. For now, enforcement is paused under a court-ordered stay.
On March 26, I encountered jovial, young, Air B&B vacationers, getting their sunburn on, who were happy to joke with me. One offered me a beer as I passed. My welcome by the revelers was far different than when I meta homeowner two years earlier (see Good Times 4/10/24, goodtimes.sc/take-a-hike).
The 10-foot-wide path runs parallel to the shoreline. In 1929, Santa Cruz County accepted the strip as a public dedication. In 1953, the county appeared poised to abandon the walkway but never completed the legal steps to do so. Two decades later, under the California Coastal Act, access to the shoreline became a state priority and when coastal protections were applied to this stretch in the 1980s, public access was written into the terms.
Over time, the path blurred into private space with barriers, at times with fencing and temporary obstructions. Then, in 2023, the California Coastal Commission ordered the barriers removed and proposed roughly $4.78 million in fines.
A trial court sided with the homeowners in early 2024, calling the walkway private. Months later, an appellate court reversed that decision, finding the public’s rights had never been extinguished. On December 10, 2025, the California Supreme Court declined to intervene, leaving that ruling in place. The pathway is legally public. The homeowners’ argument wasn’t frivolous; it was just weaker once the historical record came into focus. They believed the public right had disappeared. Legally, it had not.
John P. Erskine, attorney for the Rio del Mar Homeowners’ Association, declined to comment.
