2013 Over The Line Tournament
Joint Statement by OMBAC and FreePB.org
OMBAC resolved the lawsuit brought by FreePB.org seeking to halt the 60th Annual World Championship of Over The Line Tournament. FreePB.org has agreed to dismiss its lawsuit, dismiss its environmental appeals to the City Council, and to take no action which would impede or affect the tournament. In return OMBAC agreed to the following joint statement:
The Old Mission Beach Athletic Club and FreePB.org have resolved the lawsuit filed by FreePB.org relative to the 60th Annual World Championship of Over The Line. Both organizations believe that the 60th Annual OTL should proceed and to that end FreePB.org has agreed to dismiss OMBAC from its lawsuit against the City and to withdraw its appeals to the City Council.
OMBAC and FreePB.org agree:
(i) that all applicants for special event permits should be able to enjoy the same privileges and be required to follow the same permit regulations and conditions when the anticipated impacts of their events are similar;
(ii) that applicants for such permits should be subject only to those permit regulations/conditions that have been approved by the city council and mayor following an adequate opportunity for public comment;
(iii) that a special event application should be denied only when the city determines, based on substantial evidence, that the event will not conform to such regulations/conditions or poses an unreasonable public-safety risk; and
(iv) that any such determination by staff should be made early enough to allow for an appeal hearing to the NS&PS committee a reasonable period of time before the event’s scheduled date.
In reaching this agreement neither side admitted to any wrongdoing and each party would pay their own attorney’s fees and costs.
In order to eliminate uncertainty for everyone making plans to attend as well as to ensure sufficient time to physically prepare Fiesta Island for a safe and efficient tournament, OMBAC decided to resolve this matter now and get on with enjoying the 60th Annual World Championship of Over The Line.