Days before a two-mile stretch of the Great Highway is due to be closed for good, the plan is facing a legal challenge.
Opponents of Proposition K, the ballot measure that authorized the closure, are expected to file a lawsuit Tuesday arguing that San Francisco voters don’t have the right to close the street to cars.
The lawsuit also questions how the measure was put on the ballot, saying it bypassed the California Environmental Quality Act review process.
“This lawsuit is about standing up for the people who are being left behind,” said Albert Chow, a Sunset small-business owner and plaintiff. “Seniors, kids, and families will be forced to navigate more dangerous streets just so City Hall can score political points.”
Prop. K passed with 54% of votes in November 2024 after being placed on the ballot by five supervisors, including Joel Engardio of the Sunset, where the stretch of road is located. Approximately 64% of Sunset residents opposed the measure. Some have launched a recall effort against Engardio.
The lawsuit, led by Jim Sutton, alleges that the city ignored the state’s authority and unlawfully placed a measure before San Francisco voters. Sutton was Mayor Daniel Lurie’s campaign attorney.
Plaintiffs include Matthew Boschetto, a leader of the “No on K” campaign and a former supervisor candidate; Lisa Arjes, a Sunset resident and driver; and Livable SF, a new nonprofit led by Vin Budhai, a leader of the Engardio recall campaign.
“This lawsuit is just one step in a broader effort to hold our elected officials accountable,” Budhai said. “Proposition K is the result of political overreach and failed leadership — and now we’re pushing back in court and through the recall.”
In a statement, City Attorney David Chiu’s office said it will review the complaint and respond in court.
The road is set to close Friday, and the park opening is scheduled for mid-April. The lawsuit asks the court to immediately halt the closure and declare Prop. K invalid.
Supporters of Prop. K are confident that the closure and the park will move forward as planned.
“This lawsuit is just another in a long line of attempts by park opponents to overturn the will of San Franciscans,” Lucas Lux, president of Friends of Ocean Beach Park, said in a statement. “We are confident that the city attorney’s office will defend the will of San Franciscans against this baseless lawsuit.”
Engardio also said he has “full confidence” in the city attorney’s office and that the court will side with the defendants.
“My guess is the court will quickly see this lawsuit has no merit,” Engardio said in a text.