Hermosa Beach's Statement On Ruling In Lawsuit Crossfit Horsepower Filed Against The City

Press release from the City of Hermosa Beach:

September 28, 2020

HERMOSA BEACH, CA – Los Angeles Superior Court Judge Mary H. Strobel issued a ruling last week in the lawsuit CrossFit Horsepower filed against the City of Hermosa Beach in 2018 over Hermosa Beach City Council’s vote to declare the gym a public nuisance arising from noise and vibrations impacts on neighboring residents.

The Council’s August 2018 vote came after the City had received more than 175 complaints from 2014-2018 from nearby residents about amplified music and the noise and vibrations of weights being dropped on the floor of the gym. In approving the public nuisance resolution, the Council gave the business 90 days to implement vibration- and sound-proofing measures that would meet the City’s Code requirements and achieve compatibility of the business operations with its neighbors. Rather than comply, CrossFit Horsepower sued the City. Its owners then chose to close the gym in 2019.

The judge set aside the City’s resolution declaring CrossFit Horsepower to be a nuisance, citing City Councilmember Stacey Armato’s communications with neighbors afflicted by the gym’s noise and vibrations. Following is a statement from Hermosa Beach City Attorney Michael Jenkins regarding the judge’s ruling in the case:

“Though the City is gratified that the court rejected CrossFit Horsepower’s allegations regarding the manner in which the City conducted the nuisance abatement proceeding, we are disappointed that the court found Councilmember Stacey Armato was not an impartial decisionmaker. The evidence presented to the City Council demonstrated that CrossFit Horsepower’s operation was adversely affecting the quality of its neighbors’ lives. The court’s ruling does not suggest otherwise. The City Council ordered remedial measures for CrossFit Horsepower to undertake to meet City Codes and fulfill the promises it made when the Council approved the zone text amendment for CrossFit Horsepower to open a gym in the Cypress District. These remedial measures were balanced and fair and provided CrossFit Horsepower an opportunity to coexist harmoniously with its neighbors. Regrettably, CrossFit Horsepower decided to go in a different direction. The City Council will meet soon to determine its next steps.”

Following is a statement from Councilmember Stacey Armato:

“I take great pride in being accessible and responsive to my constituents. I see that as among the most important parts of my job as a city councilmember. Residents know that they can reach out to me and that I will follow-up on their behalf to get their problems resolved. I did that with the neighbors who were afflicted for years by unrelenting noise and vibrations from CrossFit Horsepower, and I have done it in hundreds of other instances. That’s what I signed up for when I ran for City Council.

“Accordingly, I’m disappointed in the court’s ruling. Sure, I was empathetic to the plight of the neighbors, but empathy is not bias. I went into that hearing with an open mind, and I did my job fairly and with restraint. I listened to all the evidence and all the arguments and, in the end, the Council unanimously imposed a thoughtful remedy. I have read the court’s opinion carefully but believe that I did right by my constituents, and I was fair to CrossFit Horsepower.”

This press release was produced by the City of Hermosa Beach. The views expressed are the author's own.