Property owners sue to reopen Ventura's Main Street to vehicles

A group of property owners is seeking a court order to reopen a key portion of Ventura's downtown streets to vehicles, ending the pedestrian-only zone established during the pandemic.

City officials created the zone in 2020 on several blocks along Main and California streets, an experiment that allowed restaurants to stay open as they served customers outdoors. But in a lawsuit filed March 11 against the city, the group called Reopen Main Street alleges the ban on vehicles led to a loss of commercial tenants, increased vandalism and rising operating costs.

"In keeping the streets closed for years, the city has acted in an arbitrary and capricious manner — and in conscious disregard of the rights of the property owners affected by the street closures," says the suit filed in Ventura County Superior Court.

The case has been assigned to Judge Matthew Guasco but no hearing date has been set.

The Open Main Street group asserts the vast majority of business and property owners in downtown Ventura has experienced significant negative impacts as a result of the closure.

"The most significant impacts have been during weekdays and the winter months, when the inability to quickly gain access to local businesses by vehicle has deterred the public from patronizing such businesses," the group said in a statement. "Combined with the impacts of lost parking, the decrease in regular visitation by local residents and visitors has caused numerous businesses to close, with more vacancies soon to occur."

The property owners called for the court to compel the city to keep streets open to all members of the public and all forms of traffic.

The group with approximately 30 members was formed late last year to collectively object to the city's closure of the two streets. The group says it sued after efforts to reach agreement with city officials failed.

The city closed the streets for the first time in May 2020 as a pilot project to limit the spread of COVID-19 and allow business activity to continue amid the pandemic. The measure was extended repeatedly as the emergency persisted. Then in 2022, the Ventura City Council went a step farther and continued the closure until June 30, 2024, under a temporary permit issued to a business group.

Gov. Gavin Newsom terminated the declaration of a public health emergency early last year. But the city council has steadfastly supported the idea of keeping an outdoor pedestrian mall in the heart of downtown with or without an emergency.

City Manager Bill Ayub said most businesses who have been surveyed report increased foot traffic and sales since the closure. The concept is also popular with many residents, he said.

In their suit, the property owners say the city skirted requirements of a California law that applies to the permanent closure of a public street for pedestrian use.

The Pedestrian Mall Law precludes closure if property owners representing a majority of the frontage on the road object in writing, according to the lawsuit. Property owners who believe they may be damaged are entitled to file claims before the conversion is done.

Ayub acknowledges the law's requirements but said the city's temporary permit does not constitute a permanent closure.

It's not clear what will happen when the permit expires on June 30, but Ayub said the city council has directed staff to continue working toward a long-term closure of the area.

"It is a bit of a moving target," he said. "The courts could step in and force the council to open the streets or do something different."

Kathleen Wilson covers courts and local government issues for the Ventura County Star. Reach her at kathleen.wilson@vcstar.com or 805-437-0271.

This article originally appeared on Ventura County Star: Court order sought to bring cars back to downtown area in Ventura