By John Ferrannini

Just as it was announced that a proposed measure to reopen the Upper Great Highway to vehicle traffic will make the November ballot, a lawsuit has been filed by supporters of Sunset Dunes to try to stop it.

Proponents of Great Highway for Everyone turned in 16, 000 signatures to City Hall on July 6 positioning the issue to be added to the November ballot. The San Francisco Elections Department certified that enough valid San Francisco voters’ signatures were attained to cross the threshold for ballot access on July 23.

The suit was filed some weeks earlier, on June 26, by Friends of Sunset Dunes and Kimberlee Howley against Elections Director John Arntz. It alleges that the petition for the measure, which would undo 2024’s Proposition K, contains information meant to mislead voters.

Asked about these allegations, Zach Lipton, a volunteer and board member of Friends of Sunset Dunes, said, “One of the simplest (examples) is the number of times the petition says it will restore a prior, pilot configuration that closed the roads Friday around noon, but in reality, it would close the park Friday evenings, removing all weekday daylight hours.”

The “prior, pilot configuration” Lipton was referring to the famous compromise brokered by former District 4 Supervisor Gordon Mar, which from 2021 until the implementation of Prop. K, allowed cars on the Upper Great Highway from Monday at 6 a.m. to Friday at noon, excepting holidays.

The legal text of the measure states, “Voters now seek to restore the balanced approach that was working effectively before Proposition K: preserving the weekend and holiday closure that allows San Franciscans to enjoy the Upper Great Highway as a coastal recreational promenade when demand for such use is highest, while reopening the roadway to vehicle traffic on weekdays.”

It does tweak the timing of that approach, also stating in the text, “The Recreation and Park Department shall restrict private vehicles from the upper Great Highway from Friday at 6 p.m. until Monday at 4 a.m., and on City, State or federal holidays, as set forth herein.”

For Albert Chow, a District 4 supervisorial candidate who supports the proposed measure, this change does not constitute a false or misleading characterization of what the measure would do.

“What do they mean by not accurate?” he asked in a phone interview before the measure qualified. “We’re saying it’s going to close at 6 p.m. … In the original compromise it closed at 12 o’clock Friday and reopened before dawn on Monday. In any case, we’re proposing a close at 6 p.m. because that’ll allow Friday commuters a few more hours to use the road before the weekend officially starts.”

A copy of the civil complaint asks Arntz “refrain from placing” what it characterizes as an “unlawful ballot initiative” on the November ballot.

“An initiative is unlawful and invalid where its associated petition contains false or misleading statements,” it continues.

Lipton also alleges the site is “not suitable for dual use” now that the Sunset Dunes park has been open for over a year.

“Putting private vehicles in the park would require the City to provide a significant expense,” he said.

The civil complaint states that “road infrastructure (such as signs and traffic signals) has been removed, and park features (such as benches, skate ramps and bike racks) have been added” to the park.

While private vehicles are now allowed, emergency vehicles, official government vehicles and similarly authorized vehicles are exempt from this restriction at all times.

A previous legal challenge to try to close the park failed earlier this year. The new matter has not yet been set for a hearing before a judge, Lipton said, though he expects it to soon.

“The law in California is simple – voters deserve to make decisions based on accurate information,” he said.

Chow said support for reopening the upper Great Highway to vehicle traffic is overwhelming, noting that, “As we were submitting (signatures at City Hall) that day, people were driving in with clutches of signatures, adding as we were at the press conference. We probably picked up 150-200 more signatures.”

Chow said 10,560 signatures were needed to be approved for the measure to make the ballot. The elections department told proponents they’d know about the success or failure of the measure attaining ballot status in up to 30 days.

“Hopefully we get this somewhere where we’re getting something for everyone, not just one group of people,” he said.

The elections department announced based on a random sampling of signatures that the measure would make the ballot. Chow didn’t return a request for additional comment by press time.

Lucas Lux, president of the Friends of Sunset Dunes, stated that, “This measure would destroy San Francisco’s coastal park, requiring the City to tear out every park feature, and kill the 60% of park visits which happen on weekdays. Data has debunked any remaining traffic concerns, and local businesses are flourishing thanks to the park, which this measure would destroy.”