Navy veteran settles Newport Beach surf lesson lawsuit

A Navy veteran who sued Newport Beach over its ban on paid surf lessons has settled his federal First Amendment case after the city agreed to let him teach on public beaches under the same five-year terms granted to three approved surf schools.

The July 28 agreement gives Jason Murchison, owner of Learn to Surf, the deal he sought for years and ends one Pacific Legal Foundation-backed lawsuit challenging whether California governments may limit who earns a living teaching surfing on public sand. A second case against the state parks department remains pending in San Diego.

"Newport Beach decided three surf schools was enough -- but it never had any basis for that conclusion," said Caleb Trotter, a senior attorney with the foundation. "The government doesn't get to cap competition just because it feels like it. Every entrepreneur deserves the freedom to build a business without the City deciding the market is full."

After his naval service, Murchison returned to Orange County, earned a law degree from Pacific West College of Law, and in 2015 turned a part-time passion into a year-round business teaching thousands of students, including children, wounded veterans, and people in substance abuse recovery.

His business collided with a 2012 ordinance requiring written city approval to teach anything on Newport Beach sand for a fee. The rule set no standards, application process or explanation for who won permission. Free instruction faced no restrictions. Murchison applied in 2015 and 2016 and was denied both times; the city said no more instructors were needed.

Since 2012, Newport Beach has approved three schools out of many applicants, two operating only in summer. Each surrenders 20% to 30% of lesson fees to the city.

After the city cited Murchison in 2016, the parties settled in 2017, but a July 2024 court order required him to pay nearly $19,000 in fines and fees. People v. Jason Murchison, 30-2016-00885631-CU-MC-WJC (O.C. Super. Ct., filed Jan. 19, 2016).

Murchison filed the federal suit in January, alleging First Amendment and federal antitrust violations and claiming the city limited beach access without Coastal Commission approval, in violation of the California Coastal Act. A district judge let the First Amendment and monopolization claims proceed. Murchison v. City of Newport Beach, 8:25-cv-00155 (C.D. Cal., filed Jan. 28, 2025).

In a related case, Wavehuggers LLC sued the California Department of Parks and Recreation on Aug. 27, 2025, alleging exclusive teaching rights at state beaches since 2008 and no application process since 2007. Wavehuggers LLC v. California Department of Parks and Recreation, 3:25-cv-02215-RSH-VET (S.D. Cal., filed Aug. 27, 2025).

"Giving a single government-preferred surf school the keys to miles of public beaches, and locking all other surf instructors out, is unfair and unconstitutional," Trotter previously said. "California must provide clear criteria and fair processes for individuals and businesses who seek to teach on public beaches."