The saga of the unpermitted, highly controversial fence blocking access to Thornton State Beach in Daly City, California, has reached a critical turning point. A San Mateo County judge has officially denied a request for a temporary restraining order that would have forced the city to keep the chain-link barrier standing, clearing the path for its final removal.
The restraining order request was filed by Yitong Wen, who is associated with the convicted art swindler and serial litigant Luke Brugnara. Brugnara, sometimes known by the moniker “Lucky Luke,” was the driving force behind the erection of the tall fence, which abruptly appeared in early January on a blufftop parcel that residents say has long served as a crucial, well-used public access point to the scenic shoreline.
The judge’s denial comes as a decisive victory for Daly City officials and San Mateo County Supervisor David Canepa, who have been fighting the barrier on the grounds that it was illegally installed without the proper permits and that it violates the fundamental right to coastal access guaranteed by the California Coastal Act. The legal move by Ms. Wen was a last-ditch effort to keep the metal obstruction in place, claiming that the fence, which spans four vacant oceanfront parcels, was entirely on their private property.
However, public records and city investigations tell a more complex story. The ownership of the land is complicated, with Brugnara’s affiliated LLC reportedly holding only a small percentage, and other listed co-owners having openly opposed the fence. Moreover, the California Coastal Commission, the state’s powerful coastal protection body, had previously indicated that any such structure on the coastal bluff would require its authorization, which had never been granted.
For weeks, the fence has been a lightning rod for community outrage. It didn’t just block a popular path for dog walkers, hikers, and horseback riders; it also became the center of heated confrontations. Tensions escalated after a sign was posted at the site, warning that trespassers would be shot, and even more dramatically when authorities arrested Mr. Brugnara on suspicion of making criminal threats and being a felon in possession of a firearm after he allegedly threatened a couple near the barrier.
The community’s frustration boiled over multiple times, leading to direct action. Protesters, cheered on by some neighbors, took it upon themselves to partially tear down sections of the fence on at least three separate occasions, leading to a temporary reopening of the trail. These acts of civic rebellion demonstrated the powerful public sentiment against the privatization of the coastline.
With the restraining order officially denied, the focus now shifts back to Daly City, which had previously announced plans to remove the fence entirely. Supervisor Canepa had characterized the situation as a private landowner essentially holding the public beach “hostage.” The court’s decision marks the end of the legal fight to maintain the barrier, ensuring that this stretch of the Daly City coastline will soon be returned to its intended use: a recreational wonderland open to all.
