THURSDAY,JUNE 24,2021 /// Now including Coastline Pilot and Huntington Beach Independent /// dailypilot.com Laguna may face lawsuit in shooting by officer The City Council denied a claim by a man who said police acted negligently when he was shot after a pursuit. BY ANDREW TURNER After a man who was shot by Laguna Beach police in March saw his claim against the city re- jected last week, the case ap- pears to be headed to court, his attorney says. Tobiah Paul Steinmetz of Jupiter, Fla., filed a claim on May2 alleging that Laguna Beach police acted negligently when he was shot while exiting avehicle following a pursuit that occurred on March 11. Don Leach | Staff Photographer The claim was filed through AHIGH TIDE wave crashes in Laguna Beach on Tuesday. Large swells and nearly 7.0 high tides have combined to batter the coast at sunset time all week. Guizar, Henderson & Carrazco, LLP, a law firm based in Monte- bello. “We have the right to be free Berms go up in Newport Beach from unreasonable searches and seizures, so the Supreme Court ruled in Tennessee v. Garner in 1985 that when a police officer ahead of expected high tides uses deadly force against an in- dividual, they need to have a justifiable reason,” said Chris- he beach berms are re- tian Contreras, Steinmetz’s at- turning to Newport torney. T Beach’s coastline as the “That reason has to be that National Weather Service warns the person presents an immi- of evening tides anywhere be- nent threat of death or serious tween 7 and 7.5 feet across bodily injury, so applying that coastal Orange County. standard, and even applying The notice went out on Tues- Graham v. Connor, which was day afternoon and is in effect decided in 1989 by the Supreme through Thursday. Court, Mr. Steinmetz was un- The National Weather Service armed, he was exiting a vehicle, warned of minor tidal overflow and he appeared to be intoxi- into low-lying beach areas — cated, so the officers didn’t have such as on the Balboa Peninsula, any justifiable reason whatso- where streets on the western- most end of the island are only 5 See Laguna, page A3 feet above sea level — board- walks and parking lots. Recently, the Newport Beach City Council received a presenta- Newport tion on updates to the 1930s drainage system on Balboa Is- land to address the issue of terminates flooding. The peninsula flooded last July and it’s flooded previously in its local 2018 and 2019, albeit the latter to rainstorms. Workers were out on Monday emergency with heavy equipment to build Scott Smeltzer | Staff Photographer up the berms and they were in MICHAEL MARTINEZ with the Newport Beach Public Works Department places a sign on a sand berm place by Tuesday, said John near Balboa Pier on Wednesday. The sand berm is in place to protect coastal properties from high tides. status Pope, a spokesman for the city of Newport Beach. heights, minor tidal overflow or ing that there may be strong before swimming. Use caution “A beach hazards statement is lightning are possible at local currents. when in or near the water and The council unanimously issued when threats such as beaches,” the National Weather “Obey posted warning signs always swim near a lifeguard.” strong rip currents, elevated surf Service said in its warning, add- and flags and talk to a lifeguard —Lilly Nguyen votes to dissolve the action that was taken in March 2020 in response Inclusivity a watchword at Newport Beach church to the pandemic. BY LILLY NGUYEN BY SUSAN HOFFMAN It’s official! The Newport Beach City Council unanimously voted Josh Vecchione, a transgender male, had Tuesday to terminate its pan- spoken in front of large groups before, but a demic-related local emergency, recent Sunday would be his first time speak- ahead of state action. ing before a church congregation. The city initially declared its lo- He sat across from the Rev. Canon Cindy cal emergency status on Evans Voorhees for the “A ltarside Chat” in March15, 2020. honor of Pride Month at St. James Episcopal The declaration granted New- Church in Newport Beach. port Beach access to state and Vecchione, who had had sex reassignment federal resources. Councilman surgery to become male 44 years ago at the Will O’Neill requested at a City age of 20, explained, “I always felt like a boy, Council meeting earlier this since I was 8 years old.” month for city staff to bring back As a result of gender reassignment, Vec- an item that would allow the city chione, an Orange County resident, has en- to dissolve the local emergency. dured intolerance, exclusion and strife. He Following council action, it was has been called “one of those freaks” by a officially terminated on Tuesday DMV clerk, prompting stares from the room night after nearly 16 months. With full of people. He has been followed when he it went emergency powers Photos by Susan Hoffman walked down the street in his neighborhood granted to City Manager Grace BISHOP'S WARDEN Meagan Cooper, center right, celebrates Pride Month with, from left, where he’d once been class president of his Leung and emergency ordinances Jackie Freeman, and Maggie and Rod Adams at St. James Episcopal Church in Newport Beach. high school. on outdoor dining — which city He was embroiled in a court case for 10 officials extended through early IRENE years, fighting for custody with his ex-wife September — and holds on short- VECCHIONE, over their young daughter. He had set a prec- term lodging. in white jacket, sits edent in being recognized legally as a gender That same day, the Orange among the reassigned male to marry and parent, which County Board of Supervisors congregation at St. generated national media attention. But it moved to maintain the local state James Episcopal was expulsion from his place of worship that of emergency. Church. was the most hurtful. “I’ve been looking forward to “More devastating than going through the getting to the point that we could custody trial was to have my church turn even have this conversation, let their back on me, saying I’m not good alone pass it for over a year now,” enough to be at church anymore,” Vecchione said O’Neill, who was serving as said. “It’s sad to be shunned from a church mayor at the start of the pan- See Church, page A3 See Newport, pageA2 A2 THURSDAY,JUNE 24,2021 DAILY PILOT | COASTLINE PILOT | HUNTINGTON BEACH INDEPENDENT WWW.DAILYPILOT.COM NEWPORT THE COACHHOUSE Continued from page A1 www.thecoachhouse.com demic. TICKETS &DINNER RES: 949-496-8930 “We’ve seen some sub- stantial ups and we’ve seen some substantial downs and we have fortunately seen a decrease [of COVID-19 cases] in the last couple of months that, honestly, it’s amazing for so many reasons.” O’Neill said that, circum- stantially, Newport Beach THU, JUN 24 SAT, JUL 10 SUN, JUL 11 THU, JUL 15 should have been hit a lot Raul Roa|Staff Photographer ALBERT LEE CREED HENRY harder as a city due to its LEE ROCKER BRATTON KAPONO aging population, but MARCOS ESCUTIA of Costa Mesa wears a unique face wasn’t — at least in part be- mask at the Newport Pier in Newport Beach on May 7, 2020. 6/24 ALBERT LEE cause many residents are 6/25 STEVE TYRELL either retired or are able to There are obviously ways to ment to the council in De- 6/26 ABBAFAB work from home. improve and I do hope that cember. 6/27 THE SPINNERS Census data from 2019 none of us up here have to Mayor Pro Tem Kevin 7/2 SKELETON CREW (Grateful DeadTribute) indicates that at least 23.1% experience that again in Muldoon said the past year of the city’s population is our lifetimes, let alone from was an interesting case 7/3 WILDCHILD50th AnniversaryCelebration over the age of 65. About the dais.” study in the powers that be 7/8 STRANGELOVE (Depeche Mode Tribute) 17.2% are under the age of O’Neill thanked city staff at the state, county and city 7/9 KELLY BOWLIN & THEBEALE STREETPLAYERS 18 and 3.9% under the age for their efforts and added level, joking that someone 7/10 LEE ROCKER of the Stray Cats of 5. that he felt that govern- might write a legal book on 7/11CREED BRATTON from The Office “A lot of other communi- ments should give up their how the state of California ties couldn’t say the same declared states of emer- responded to the pan- 7/15 HENRY KAPONO thing. So, this is a fortunate gency when they could no demic. 7/16 KILLER &THE KING (Elvis & JerryLee Lewis Tribute) community and we need to longer justify keeping them Residents raised con- 7/17 THE HIGHWAYMANSHOW recognize there are demo- in place. cerns about whether or not 7/23 BEATLES VS STONES graphic reasons for the abil- Councilman Noah Blom the termination of the local 7/24 YOUNG DUBLINERS ity for us to weather this said that even being able to emergency would limit and to come out OK,” talk about the termination Newport Beach’s access to 7/25 KEB MO O’Neill said. of the local emergency was additional funds to make 7/29 THE MARSHALL TUCKER BAND “There is a lot to be said one of the most exciting is- up for what was expended 7/30 THE RISING (Bruce Springsteen Tribute) about the way that things sues to come up to him on 7/31 MISSING PERSONS worked out for our city.