The plaintiffs, Citizens For Odor Nuisance Abatement, also want the city to remove a fence that limits public access to the cove.
According the suit, San Diego has "exclusive dominion, control and responsibility for the maintenance of the cliffs in and around the La Jolla Cove and is responsible for keeping the area free of noxious odors.”
The nonprofit group, which was created earlier this year for the express purpose of eliminating annoying odors, claims the city "at some point in time and without public notice, erected a fence along the sidewalk that runs along La Jolla Cove, preventing the public from accessing the rocks. The fence was built without an Environmental Impact Report (EIR) and is in violation of the Local Coastal Plan (LCP), which requires maximizing coastal access."
The fence allegedly prevented access to the rocks and created a “buildup of excrement from sea lions and cormorant birds, causing noxious odors resulting in illness to the citizens of San Diego and others who visit this area.”
The odor of the "foul, noxious and sickening” poop has allegedly caused “patrons to flee the business establishments in the area to avoid these odors, causing these businesses a loss of patrons and revenues."
Citizens For Odor Nuisance Abatement seek an injunction ordering San Diego to take down the fence and clean the cove of the putrid poop.