Tenacatita Bay land-ownership court fight grinds on and on

  TENACATITA BEACH, Jalisco, Mexico - The long-running legal saga over control of the Tenacatita Bay beach and property seized in August 2010 by wealthy Guadalajara developer Jose Villalobos continues.
     And despite occasional (erroneous) reports that things have returned to a version of normal, the New Year's report from Dobie Dolphin (printed below) suggests that things are, in fact, virtually the same as they have been since an army of armed goons working for Villalobos seized the land, forcibly evicted residents and then bulldozed most of the buildings.
     The land that was stolen from Mexicans and non-Mexicans is still controlled by Villalobos-owned  Rodenas Corporation. And even where landowners have won in court, they still are being blocked from taking possession of their property.
     Some beach access is now allowed. But even that access can be iffy.
     Here is a report from Dobie (who lives nearby), plus two recent photos...

-----------------------------------------------------------------

New Year's Day 2016 Tenacatita

Hi to all,

     As we start the new year, the various Tenacatita lawsuits still haven’t been resolved. Although several people have won their lots back, they still haven’t been able to take possession of them. The state prosecutor gave an order to the guards on the beach to allow the rightful owners to fence their lots and use their land. A couple of weeks ago, several land owners went, along with a lawyer, engineer with GPS measuring equipment to mark the boundaries, fence posts, barbed wire, workers to set the posts and fence their properties, and about 10 pounds of papers relating to their case.

     When we got there (I try to go along when possible), the guys started digging holes for the fence posts and within 15 minutes, the private security guards came up (we were at the top of a hill with a fantastic view of the ocean and the bay) and said they had an order and people had to stop working and leave. Since the lawyer had the paper signed by the state prosecutor he said they could legally be there, and the guards left.

     But a few minutes later, the state police came and said the same thing. When the lawyer asked who told them that the owners had to leave, they said it was the state prosecutor – the same one who signed the order telling the police not to stop the owners from taking possession of their property.

A few people had their cell phones out and were recording the conversation. The state police got aggressive, grabbed the cell phones and erased what had been recorded. The lawyer was able to get the cell phones back and he noticed that one was still recording, so he asked the policeman his name, who told him that the land owners would have to leave, etc. So in the end, everything was videoed and recorded and we all left without incident.

     The lawyer then filed several more lawsuits, against the private security police, the state police, the state prosecutor and the father of the governor of the state of Jalisco who’s a judge. The governor keeps saying he supports the people who won their land back, but it's only in words, not deeds.

So in a sense, nothing has really changed. 

     People continue to enjoy the beach and many came and camped over the holidays. Although no one can sell anything on the beach, the police didn’t stop locals from renting umbrellas, tables and chairs to the beach goers. Restaurants were able to leave menus, and people could call on their cell phones and have food delivered to the beach. At least it brought some income to the locals.

     Every year we hope that this will be the year the conflict is resolved. Hard to believe it’s gone on this long. 

     There has been more media coverage - to read newspaper articles and watch 2 short videos (all in Spanish), you can go to: www.tenacatita-libre.blogspot.com

Wishing everyone a healthy, peaceful year,

Dobie

Tenacatita Beach and the loss of a Mexican community

TENACATITA, Jalisco, Mexico - The very dateline on this story raises a question. Is there even a village called Tenacatita anymore?

The nearby village of Rebalsito survived the armed onslaught that swallowed Tenacatita Beach nearly three years ago. But what of the actual community, named for the bay and residing on the tiny slip of land now occupied by armed invaders hired by the Rodenas Corporation?

Welcome to the Tenacatita Beach "access"

Rereading posts of the Tenacatita Bay Bugle in the months leading up to the seizure by the forces paid by Jose Villalobos of Guadalajara, you can see there is optimism for a Tenacatita that would have most likely continued on its prosperous course.

The restaurants and commercial activity had never been as evident or growing as fast. There was lots of new paint, new buildings, small markets, new plantings of trees and lots and lots of tourists.

And then poof, thanks to greed, power and a lot of guns, Tenacatita (the village, the community) disappeared almost overnight.

There is continued talk that the Mexican judicial system will eventually oust Villalobos and the aggressive armed guards who keep Mexicans and gringos alike from having anything remotely resembling normal free access to the public beach and land that once held a community.

Perhaps.

But in the meantime, the question remains: Is there still a Tenacatita community or did Villalobos manage to destroy it along with all the businesses and homes his bulldozers turned to rubble?

Happy times, before Tenacatita Beach was seized by a Guadalajara developer

Courts make rulings, but the gates at Tenacatita stay up

TENACATITA, Jalisco, Mexico - Although Mexican courts have been ruling against Jose Villalobos and his forced takeover of Tenacatita, the gates, the guards, the fences and the attack dogs remain.

In that takeover August 4, 2010, nearly 800 Mexican citizens were roused from homes by 200 police and forced to leave at gunpoint. Their possessions were seized, stores looted. A few household items were returned later.

A number of unarmed people were hurt in the assault.

Most recently, people are the area were heartened by Villalobos' loss of the federal concession to the beach. There was a great deal of speculation that he would have to open the beach by Semana Santa, then the speculation said maybe April 30.

But since then, everything remains status quo. Anyone trying to get to the beach still has to pass through an ugly chain link checkpoint, where unpleasant guards carrying automatic weapons demand to search cars, require that identification be left at the guard shack and generally act as though anyone headed to the beach is a suspect.

Here is a brief report posted on the People's Guide to Mexico:
People's Guide to Mexico

In the meantime, some individual lawsuits, brought by American and Canadian landowners (whose oceanfront properties were seized by hundreds of armed guards in the employ of Villalobos) have had hearings in Guadalajara courts.

Rulings on their requests for amparos (injunctions) are pending.

Here is a photo of what Tenacatita Bay Beach looked like before Villalobos seized it and bulldozed the many restaurants and concessionaire facilities there.

Happier days, before the illegal seizure by Jose Villalobos

Supreme Court rules against Rodenas - says give land back

TENACATITA, Jalisco, Mexico - The following was published in the Guadalajara Reporter. Much of the information has also been passed along by Dobie Dolphin of Rebalsito.

===============================================================
A district judge who rubber-stamped the eviction of restaurant and businesses owners on Tenacatita beach last year was not qualified to issue the order, the Jalisco Supreme Court has ruled.  The September 21 decision gives hope to dozens of families living in nearby El Rebalsito, who may soon be able to return to the beachfront land where they have worked for more than three decades.

The three Novena Sala (Ninth Salon) magistrates ruled that Guadalajara real estate firm Rodenas Inmobiliaria must now make reparations for all damages occurred when state police – acting on the order of the 2nd district court judge in Autlan – forcibly took over the zone in the early morning of August 4, 2010.  The eviction resulted from Rodenas’ decades-old dispute over land ownership rights with the local Resbalse de Apazulco ejido.

Over many years, restaurant and hotel infrastructure has been built in the area to cater to locals and tourists.  The business owners even paid the annual fees giving them the privilege of using parts of the federally-owned beach for commercial purposes.

The zone was eventually titled to individual ejido members in 2006 under a federal land regularization program. Some lots had already been sold to foreigners and registered in the name of a Mexican citizen (prestanombre). But once the lots were titled, the foreigners were able to own the land through a fideicomiso (bank trust).

Rodenas director José María Andrés Villalobos – who says he purchased the land from the wife of a former Jalisco governor in 1991 – claims these titles have no validity and that the ejiditarios have been squatting his property for decades.  In previous interviews Villalobos has indicated that he wants to build a luxury tourist development beside the undeveloped beach, one of the prettiest in the state.

A key element of last month’s Jalisco Supreme Court decision was that the Autlan judge was not authorized by law to issue the eviction order that resulted from a previous Mexican Supreme Court ruling determining Rodenas to be the legal owners of the disputed beachfront land.

“He’s not a federal judge and he exceeded his responsibilities,” explained Everardo Rojas Contreras, El Rebalse de Apazulco ejido’s legal representative, at a press conference this week.

In addition, said Rojas, instead of taking possession of the 42 hectares in dispute, Rodenas has assumed control of more than 140 hectares.

As expected, Rodenas filed its own appeal (amparo) three days after its unfavorable September 21 ruling. But Rojas is confident this maneuver will come to nothing and expects magistrates to make their review of the case at the end of October and issue a “final decision” sometime in early December.

“Rodenas will have to open access to the beach immediately and repair the damages that they caused,” Rojas said. “We are in no hurry. It’s been a year since the eviction and we have total confidence in the justice system.”

Only when residents are allowed back into the zone can the full amount of damages be ascertained, Rojas said.

According to several sources, since securing the zone Rodenas personnel have demolished much, but not all, of the existing infrastructure in the Tenacatita beachfront area.  This includes the palapa seafood restaurants that served tourists and locals for more than 40 years, as well hotels and everything in them, such as beds, refrigerators, freezers and televisions.

If the new ruling stands, Rodenas will be liable for all missing and destroyed items, including boats, motors, electrical equipment, and even a horse, Rojas said.

Armed state police officers – many of them “auxiliaries” employed by a security firm also owned by Villalobos – have been guarding the land ever since the August 2010 eviction. They have allowed some tourists limited access to the beach, although by law all Mexican beaches must have open public access.

In addition, Rojas said the case raises important questions over a state’s limits on legislative procedure. For this reason, he said, he intends to start legal proceedings against Jalisco Governor Emilio Gonzalez and Police Chief Carlos Najera, whom he said have both supported Rodenas’ illegal case against the ejiditarios.

Speaking at the press conference, Rojas admitted that Rodenas owner Villalobos – a former head of the local Chamber of Commerce and president of Expo Guadalajara – is powerful and well connected but added that, “while he’s tough, I’m tougher.”

According to a 2006 profile in El Informador’s “Gente Bien” social supplement, Villalobos trained as a lawyer, and after a spell working in the Infonavit public housing department, ventured into the real estate sector.  He mentioned that his business was badly affected by the 1995 economic crisis, so he moved into the security service arena, specializing in tracing stolen vehicles by satellite.

His successful security company is now certified to act as Policia Auxiliar Estatal (State Auxiliary Police), whose primary clients are the Jalisco State Government.  In the profile, Villalobos talked of how “for the good of the country,” businessmen should strive to work “hand-in-hand” with the working-class.

Villalobos charging fee for admission to Tenacatita Beach

Villalobos

TENACATITA, Jalisco, Mexico - An article in El Occidental (LINK: El Occidental) says that Jose Villalobos - the wealthy Guadalajara developer who violently seized the Tenacatita Beach area and evicted nearly 800 persons August 4, 2010 with a force of 130 armed men - is now defying an order by PROFEPA to open to the beach to the public.

And in the same story, it is reported that he is charging for people to enter (100 pesos per car and 20 pesos per person). In addition, there apparently are toilet facilities now available - if people are willing to pay.

Admission is only granted after an interrogation by the state police guarding the acreage seized by Villalobos.

First, interrogation, then pay a fee

Since Villalobos has not allowed free public access, the story says a notario will be dispatched to witness that the beach is still closed to document what is going on. Further legal action - filed by the state government, might follow.

Villalobos claims he owned 42 hectares of Tenacatita, including the beach on the bayside and much of the Pacific Beach side, too. When he seized the land, however, he took more than twice that and is denying access to all the people who formerly lived there - or who say they have a claim of ownership of land in the area.

Many non-Mexican citizens hold federal titles to the lands now controlled by armed guards and police under the direction of Villalobos. Lawsuits against Villalobos are working their way through the court system in Guadalajara.

Since Villalobos seized the land, most of the structures that had been in place - palapas, restaurants, bathroom facilities and tiendas - were all bulldozed

Destroying buildings on Tenacatita Beach

Oregon benefit for Tenacatita nets more than $1,600 USD

DEADWOOD, Oregon, USA - A fundraiser held here for the 800 people evicted at gunpoint from Tenacatita by wealthy Guadalajara developer Jose Villalobos August 4, 2010 raised more than $1,600. And the party that night went on past 2 a.m.

The event had about 100 people attend, with locally grown organic beef donated by Allen and Kristi Guse, said Felisa Rogers, one of the event organizers. There were $5 taco dinners with an additional $250 worth of food was donated by Kamari Moeller and Tom and Becky Gannon. Karen Moeller made and donated the desserts.

'Coco Open' attire

"People made a sliding scale donation of $5 or more to see The Crow Quill Night Owls, an excellent band that plays old-timey jazz and jug band music," Felisa said. "The band played three sets and was very popular with the crowd (lots of dancing)."

Anyone familiar with the 30-year-old tradition called the 'coco open,' held annually on the Tenacatita Beach would have been right at home. Some people dressed in lingerie or golf attire to honor this ancient Tenacatita cultural tradition.

"We had a pinata for the kids and a costume competition with me and our neighbor Michelle Holman as MCs," she said.

Felisa also gave a slide show about the situation. LINK: Tenacatita presentation

Gary Thomas of Mendocino brought Tenacatita t-shirts.  A number of people from Seattle and Portland attended the event, including many former visitors to Tenacatita.

"The raffle was a particular success--we sold hundreds of $1 tickets. Prizes included a massage by Angela Adamski LMT and a custom made bikini by Shady Lady designs," Felisa said. "One of the prizes was cash. Half of the pot was intended for the winner and the other half for the Tenacatita Fund. Greg Hertzbach won the prize, and donated his winnings back to the fund."

Here is a video of the band playing at the fundraiser:



Here are some additional photos from the event, sent to the Tenacatita Bay Bugle by Felisa Rogers:

SEMARNAT tells Rodenas and Villalobos - open the beach

TENACATITA, Jalisco, Mexico - A report out of Tenacatita says that for the first time, a part of the federal government of Mexico is trying to lay down the law and get Jose Villalobos to open the Tenacatita Beach to the public.

Villalobos

Villalobos seized the beach by force August 4, evicting families and landowners, claiming that the area was his.
He says he owns 42 hectares in the area but seized close to 80 hectares, including land along the Pacific Beach owned by Mexicans, Americans and other non-nationals.

SEMARNAT delivered an 8-page document to Villalobos, according to Dobie, who lives in Rebalsito and who has been instrumental in trying to get their land back.
Much of the land seized by Villalobos - with the help of the state police - is federally titled.
The SEMARNAT document says that if Rodenas wants to keep the concession to the beach he has to "abstain from doing anything to impede free access to the beach."
The terms of the concession say it is prohibited for Villalobos to put up any fences or impede free pedestrian access to the federal zone.
A violation of that will be cause for revocation of the concession.

Tenacatita Beach access point

Dobie said that Villalobos had five days to open the beach.  Because he hasn't, a notary has come to the beach as a witness that access is still being denied.
"This is a big step forward," she said. "It is the first time a federal agency (or any agency for that matter) has actually taken official, legal action."

Members of the fishing cooperative have filed a demanda against Rodenas and Villalobos for violation of their constitutional rights and loss of income. Dobie accompanied some of the members of the cooperative to Guadlajara recently the help with the filing.
"The lawyers are feeling very positive," she said.

The August 2010 eviction process

Fundraiser for displaced Tenacatita residents April 9 - in Oregon

DEADWOOD, Oregon, USA - A fundraiser for the people of Tenacatita - many of whom were forced from their homes at gunpoint August 4, 2010 - is set for Saturday, April 9 here in the northwest.

The fundraiser is going to be held at the Deadwood Community Center and will have a dinner, entertainment and a raffle.

Rogers

Felisa Rogers, managing editor of The People's Guide to Mexico, (LINK TO GUIDE) says that the event is expected to draw people from as far as California and Seattle.

"We are having a dinner (taco bar) and show (with an excellent band, The Crow Quill Night Owls) on April 9. We'll also have a raffle of donated items, t-shirts for sale, and a costume competition," she said.

Rogers has written about the Tenacatita situation on her blog, Winterpalace, also. LINK: Winterpalace by Felisa Rogers.

Here is the flier circulating to promote the event:

The land in Tenacatita was taken over August 4, 2010 by wealthy Guadalajara developer Jose Villalobos who has announced he has plans to build a luxury hotel and golf course on his claimed 42 hectares along the bay and oceanfront.

He claims he purchased the land 20 years ago and that the people who were evicted were squatters.

Many of the people who were evicted have filed lawsuits in Mexican courts to regain their lands.

Many of these same people - including Americans, Canadians, Germans as well as Mexicans - hold federal titles signed by former Mexican President Vincente Fox or incumbent President Felipe Calderon.

As the court cases slowly wind their way through the system. many of the people who have filed the lawsuits fear that when Felipe Calderon leaves office at the end of his term, he might be replaced by Emilio Gonzalez Marquez, currently the governor of Jalisco.

Marquez has steadfastly refused to intervene - even though Jalisco state police were involved in the evictions and are themselves the subject of many claims of brutality by the people forced out of their homes.

Marquez is closely linked to Villalobos also because Villalobos (the former president of the Guadalajara Chamber of Commerce) is heading up the Pan-American Games efforts in Guadalajara. The games begin in October.

The governor (left) with Villalobos

 
 

Fundraising, legal battle(s) continue over Tenacatita takeover

TENACATITA, Jalisco, Mexico - Efforts to raise money - to help the people evicted from Tenacatita August 4, 2010 - are continuing. As many as 800 people, including many families, were evicted by armed men operating under the direction of developer Jose Villalobos of Guadalajara who has said in numerous printed accounts that he plans to build a luxury hotel and golf course on 42 hectares of land there.

In addition to the funding raising, numerous court cases in Guadalajara are continuing also.

Gate on state highway, barring access to beach

A motion by Villalobos to deny any court hearings on his armed seizure of the Tenacatita Beach (and oceanfront) was turned back in the last few weeks. Guadalajara courts are likely to begin hearing arguments for  'amparos,' in each case.

Because Mexican law does not allow for a class action lawsuit, each of the people whose property was seized have had to file individual lawsuits.

And each suit will need to proceed on its own merits. Witnesses for the property owners have been alerted that they may be testifying.

Adding to the slowness of the process is that legal documents are traveling from La Huerta to lawyers in Guadalajara via the Mexican snail mail system.

Villalobos claims that he bought the land more than 20 years ago and that the people evicted were squatters on his land. Many of those alleged squatters hold federal titles signed by former Mexican President Vincente Fox or current President, Felipe Calderon. And among that group are numerous Americans, Canadians and Europeans who purchased the titled land and in some cases, had built homes.

Jose Villalobos

In one case, a Canadian couple built a small RV park.

Virtually all of those buildings - as well as the restaurants and palapas that dotted the Tenacatita Beach - have been bulldozed by Villalobos. Guards patrol the beach, challenging people who arrive by boat.

A gate was constructed across the state highway to deny access to the beach. Some people have reported that they are allowed through, but only after surrending identification and leaving their cameras.

While the court cases continue, efforts to raise funds to help the Mexican families displaced continue. Many of the people are living in nearby Rebalsito.

Shirts for sale at the La Manzanilla cup sailboat race

The La Manzanilla message board has carried numerous messages about how to help the displaced people. This one from Dobie of Rebalsito tells where to donate: LINK: Donating to Tenacatita

At the same time, t-shirts are being sold to raise money - as well as awareness about the seizure of the titled land and eviction of the residents.

The shirts are usually available for sale in the morning Friday market in the jardin in La Manzanilla.

Hidden video posted showing guard blocking Tenacatita Beach access

LA MANZANILLA, Jalisco, Mexico - A video - made with a concealed camera - was posted New Year's Eve of a confrontation that took place this fall between Jalisco State Police and someone who had landed on the disputed beach in Tenacatita.

The Tenacatita bayside beach - and lots along the Tenacatita oceanfront (some owned by non-Mexicans) were seized August 4 by armed forces under the direction of Jose Villalobos, a wealthy Guadalajara developer who claims he bought the land nearly 20 years ago. The armed men came in without warning August 4 and forcibly evicted as many as 800 people from the area.

Beachfront restaurants and facilities have been destroyed on the bay beach, as have many homes and buildings on the oceanfront.

A group of people from nearby Rebalsito and La Manzanilla did go to the beach Dec. 27 to draw attention to the situation. They were allowed access for that day, though police were nearby.

The video, which is in Spanish, does have subtitles and written commentary for none Spanish speakers.

The video is a YouTube video, and the link first appeared on the La Manzanilla message board: La Manz message board

Tenacatita one-day 'picnic' goes off without incident

TENACATITA, Jalisco, Mexico - A one-day picnic on the Tenacatita Beach Monday went off without any serious hitches, according to Rebalsito resident Dobie, writing on the La Manzanilla message board.

"It was a great day. Wonderful to watch boatloads of people go by, waving their Mexican flags," she wrote.

Here is a link to the full message: Tenacatita Beach picnic report

The picnic was put together to draw attention to the seizure of the Tenacatita Beach August 4 by armed forces under the direction of Jose Villalobos,  a Guadalajara developer who claims he owns about 42 hectares of land on Tenacatita Bay and on the oceanfront side, too.

Nearly 800 residents were evicted that day and lands owned by Mexicans and non-Mexicans were seized and have been under armed guard since. The beach restaurants were razed and homes destroyed.

A number of lawsuits have been filed against Villalobos in federal courts from people trying to regain their land. Much of the property is federally titled, though Villalobos claims the titles are invalid.

A number of beachfront homes and a small RV park owned by non-Mexicans have been destroyed also, according to reports.

Monday's 'picnic' was the first time that the guards let a large group of people through since August 4. Previous attempts at gaining access to the beach have been met with force by the guards.

For this organized picnic, participants came via boats from La Manzanilla and via the formerly public road, which now has a gate across it.

According to Dobie's report, people coming through via road had to leave their identifications with the guards at the gate. People who arrived via boat were not asked for anything, she said.

Though Monday's event went off without any problems, it remains unclear if public access to the Tenacatita beach has been restored, or if this was a one-time reaction by Villalobos and his security forces designed to avoid a public confrontation. Since seizing the beach in August, Villalobos has told public officials that the beach is open to the public and that the guards are there only to maintain order.

The photo below, from Informador.com.mx, shows what people who arrived by car had to face.

Beach access, but first...

Tenacatita Day of Camping Monday will be a boat-in event

TENACATITA, Jalisco, Mexico - The La Manzanilla message board reported today that the 'day of camping' picnic on Tenacatita Beach, Monday, Dec. 27, will begin with a panga ride across Tenacatita Bay from La Manzanilla to the disputed beach area of Tenacatita.

 A post, by Dobie of Rebalsito, (who has been helping organize the people evicted by Jose Villalobos August 4), says that people should gather by a 10 a.m. Monday at Restaurant Cato on the La Manzanilla beach. From there, boats will traverse the bay, with a landing on the beach at Tenacatita. About 150 people are expected to be taken there by water.

Here is a link to her full message: Beach landing for Tenacatita Event

Fence and gate blocking access to Tenacatita

The news that the 'picnic' is taking place comes after several days of individuals reportedly saying in La Manzanilla that Tenacatita Beach was open to the public - or about to be opened with full public access.

As of late Thursday, the gates - and guards - were still in place, barring the public from the formerly popular resort area.

The entire area was seized by armed forces under the direction of Guadalajara developer Jose Villalobos who claims ownership of the area - despite the federal titles issued for the land, held by many Mexican and non-Mexican citizens.

Jose Villalobos

In his August 4 takeover, nearly 800 people were evicted from their homes and businesses at gunpoint. Several persons were arrested and numerous persons injured in the assault.

Since then, numerous protests have taken place, Jalisco government officials have expressed outrage over the takeover, and lawsuits have been filed against Rodenas claiming - among other things - that his gunpoint takeover of the bay and oceanfront land was unconstitutional.

Villalobos reportedly has plans to build a luxury hotel in the area - and possibly a golf course.

It's official - Tenacatita protest (day of camping) set for December 27

TENACATITA, Jalisco, Mexico - The people of Rebalsito and their supporters have made it official that Monday, Dec. 27 will be a day of protest - at the seized Tenacatita Beach.

Juan Frost of Cyberpueblo.com (Cyberpuebo link) sent an email invitation to hundreds of persons who have been supporting the repatriation of Tenacatita Beach and the Tenacatita oceanfront lots seized by armed forces under the direction of Jose Villalobos Aug. 4.

Juan Frost wrote:
"I am writing to invite you to a peaceful picnic at Tenacatita (fully supported by Rebalsito's town leaders) this December 27 at 9 AM starting from the town of Rebalsito. We will be entering Tenacatita through a back way and will be ferrying the public across a narrow stretch of the lagoon in undisputed territory and then march up the beach for a final gathering up by the restaurants. If the beach is open by then we will march up the road. People wishing to arrive by sea can join us. Foreigners who are a little apprehensive can show support by being in the bay with their boats."

In that armed takeover, nearly 800 persons were forcibly evicted from their homes and businesses, given virtually no time to pick up their possessions.

When they were allowed to return several days later, the people reported that homes and businesses had been looted by the State Police and/or security forces and that there was little to reclaim.

Protest march earlier this year

The peaceful protest is slated to begin at 9 a.m. in Rebalsito and will involve using boats to cross an undisputed portion of the mangroves to an area of the beach that is also not in dispute.

From there, persons in the demonstration are expected to march onto the disputed area - but only on the beach close to the water that is guaranteed to be accessible to all Mexican citizens by the Mexican constitution.

In the past week, several persons who have walked down the ocean beach - right at the tide line - have been turned back by armed guards and told they were trespassing on private land.

Protest organizers hope to get some attention from Mexican, American and Canadian media. But with the exception of one story published in a number of Canadian newspapers (Vancouver Sun story), non-Mexican media have largely ignored the story.

Tenacatita news too optimistic again - beach remains closed

TENACATITA, Jalisco, Mexico - Tenacatita Beach remains closed and will likely remain so unless developer Jose Villalobos signs a document allowing limited access.


The following was posted by Rebalsito resident Dobie, who has been active in assisting the people evicted August 4 by security forces.

=======

FROM THE LA MANZANILLA MESSAGE BOARD:

     Sorry to report that the gate is still there. Yes, the beach is open if they feel like letting you in, and you show your I.D. (so they can write your name down) and you don't take a camera or a cell phone, and they'll watch you the whole time, and there are no services, and, and, and....
      In yesterday's Jornada article it says that Villalobos "could" sign the agreement this week, (which would open the beach, but with many conditions) and then he would have 5 days to get his guys out of there, or at least only on his supposed 42.5 hectares. But the conditions include days use only, no camping, no one can build palapas or open restaurants, only vendedores ambulantes (with permits, of course). Doesn't sound much like free access to me. Most people here think it's unacceptable; others feel like it's a first step.
      It's clear that it's not just governor Emilio that's backing Villalobos, but higher-ups in the federal government too.
      I find it hard to believe that they'll take the gate down, especially if they want everyone out by 6 PM. How are they going to keep people from coming back?
      But I do believe in miracles, and at this point that's what I think it'll take. 

============

State Police evicting residents

 Area residents - and the persons evicted - had hoped that the beach would be reopened in time for the Christmas holidays.

Numerous lawsuits have been filed against the Guadalajara-based developer who is said to be living on the Tenacatita Beach.

State police - allegedly enforcing a court order - seized the area August 4, evicting as many as 800 persons and seizing beachfront lots owned by Mexican and non-Mexican residents.

 

La Manz message board post says Tenacatita beach fence is down

LA MANZANILLA, Jalisco, Mexico - The saga of whether Tenacatita Beach is open again to the public is like a ping-pong ball.

Yes, No, Yes, No, Maybe?

The La Manzanilla message board today contained a plea for more information, after several individuals reported that the fence is indeed down and the beach open.

Also included in the posting was information that a former restaurant owner had plans to move back to the beach, with the cooking facilities on one side of the road, beachside palapas on the other.

Here is a link to the posting: Another posting on Tenacatita Beach

Report says this fence is gone

Rumors were too optimistic, but Tenacatita Beach still may open

TENACATITA, Jalisco, Mexico - The reported rumors that Jose Villalobos was about to withdraw from the  lands he seized along Tenacatita Bay and the ocean might have been just that, rumors.

But in a story in today's La Jornada, it appears there might be a chance that Villalobos is willing to sign an agreement that will result in the highway being opened.

Here is a link to the google translation of the story: La Jornada writes about Tenacatita takeover

A force of armed men took over the area August 4, routing nearly 800 residents from their homes and businesses, claiming that Villalobos had won a court case giving him sole ownership of 42 hectares through his corporation.

Since that time, numerous lawsuits have been filed and demonstrations by local residents have been held at the gates blocking the state-financed highway into the beach area. Demonstrators and members of the press were repelled this fall by security guards and/or police - by being sprayed with chemicals.

Here is a video of that incident:

Rumors flying that Jose Villalobos ordered out of Tenacatita

LA MANZANILLA, Jalisco, Mexico - The ongoing occupation of the Tenacatita area was featured on the La Manzanilla message board today.

The Tenacatita area was seized August 4 by police under the direction of Guadalajara developer Jose Villalobos who claims that he has a valid court order ceding him ownership of the property.

Eviction of residents in August

Besides evicting nearly 800 Mexican citizens along the bay side of Tenacatita, he also seized oceanfront land owned by Americans, Canadians and Mexicans.

Since seizing the land, he had bulldozed most of the beachfront palapas and several buildings.

His occupying security forces have denied access to the public, and is several instances have repelled people by force to keep them from entering the area.

Numerous lawsuits have been filed against him, citing the unconstitutionality of the seizure, as well as criticizing incidents of brutality on the part of the police who evicted residents.

Here is the posting from the La Manz board:

Some residents of La Manzanilla just came into my office and told me the following story.
They went to Tenacatita today, got through the gate by giving the guard their ID, really easy.
On the way out of town they stopped at a restaurant. The man there told them
that Villalobos had to be out of Tenacatita in 3 day's. That he was going to be ordered
to pay restitution for the damage he caused but that he would probably claim bankruptcy.
They said that the Feds? had deemed his deed to the property to be invalid.
Seems the people are ecstatic about the news.
Can anyone verify any of this?

Guadalajara meeting raises hopes Tenacatita to be open by Christmas

GUADALJARA, Jalisco, Mexico - A group of 75 people from Rebalsito, as well as 100 or so other interested parties - took part in the meeting held last week over the closure of Tenacatita Beach.

Residents being evicted in August

(See Pressure on to open Tenacatita, Nov. 23).

The entire area was seized Aug. 4 by state police working for developer Jose Villalobos, who claims ownership and is planning to build a resort. He has already torn down nearly all of the structures on the beach and is reported to be living one of the hillside houses overlooking Tenacatita Bay.

Between 700 to 800 people were evicted in the incident. Properties belong to Mexicans - and many non-Mexicans - were seized in the armed takeover.

After that recent meeting, the website Tenacatita on the Costa Alegre posted a report by Dobie (from Rebalsito) that the government of La Huerta will soon be granted the concession to the Tenacatita Beach. Currently there is no public access. Anyone attempting enter is challenged by the armed security forces of Villalobos and usually turned back. A few gringos have been allowed in, but only after being searched - and having their cameras and identification held by the guards at the double gate on the state highway.

The diputados involved in the Guadalajara meeting assured the crowd that the beach will be reopened so that the former restaurant owners and merchants can make some money during the busy holidays serving tourists.

Here is the last paragraph of Dobie's posting:

Tenacatita house, reportedly occupied by Jose Villalobos 

 

"There were two very welcome pieces of news. One is that the government of La Huerta is going to get the concession to the beach (and the ocean beach), and soon. The other is that the diputados assured us that the beach will be open in time for Christmas vacation so that people can come and camp and enjoy the beach, and everyone here can get back to work, however they can - setting up tarps, umbrellas, whatever... You can imagine how happy everyone was to hear that news! It's changed the whole vibe of the town. Everyone feels more hopeful." - Dobie

Here is a link to her entire post: LINK: Dobie's report on the Guadalajara meeting

Legal actions continue in fight against Tenacatita Beach takeover

TENACATITA, Jalisco, Mexico - While the Rodenas bulldozers continue to tear down structures (the latest victim reportedly the small white house on the Pacific Ocean, very close to the rocks) evicted Mexican residents of the Tenacatita beach area are still working with attorneys to get their land back.

Police evicting residents in August, 2010

     Among the discussions ongoing are conversations about whether to proceed with legal action in the state of Jalisco's courts, or go directly to the federal government to seek legal relief and regain the land.
     The gringos who bought property along the oceanside of Tenacatita - whose property was also seized by Rodenas and state police August 4 - are awaiting action on their court claims, too.
   The state highway into the Tenacatita Beach area remains closed, gated and guarded, despite repeated efforts by various government officials and private parties to get it reopened.

Bulldozer at work

   

A march and demonstration to get the road opened ended with the protesters - and members of the news media - getting sprayed with chemicals by state police guarding the property claimed by Jose Villalobos and the Rodenas company.
LINK to demonstration story: Police repel Tenacatita demonstrators

And here is a link to story written by someone who attempted to reach the beach about a week ago: LINK Need a tank to get to Tenacatita

Pressure on to open Tenacatita beach road before December

GUADALAJARA, Jalisco, Mexico - The La Manzanilla message board posted the report below from Informador.Com.Mx that a meeting was just held of top level Mexican officials, pushing for a reopening of the Tenacatita Beach road, closed since August. 4.

Tenacatita Beach last spring, before seizure

Since the closure, police and/or security forces under the direction of Jose Villalobos of the Rodenas Corp. have barred entry to the public and have had several confrontations with local residents who were evicted from their homes and businesses.

A video of one recent confrontation is here: LINK: Protestors tear down fence, get sprayed with chemicals

The evictees - along with a number of non-Mexican citizens who own property along the ocean beach there - have filed lawsuits in federal court in Guadalajara to regain their lands.

If the road suddenly is opened, it is unclear what people would find when they arrived. According to published reports, virtually all the restaurants - and other facilities like restrooms - have been leveled. Several palapas, with concrete floors have been erected, the same reports say.


Below is a Google translation of what was published.

Here is the direct link to the Informador posting: LINK Informador story (in Spanish)

-----------------------------------------------------------------------------------------------
FROM INFORMADOR.COM.MX:
GUADALAJARA, JALISCO (23/NOV/2010) .- Federal Deputies PRI, PAN and the PT, as well as representatives of national and state commissions and Human Rights Department of the Interior (Interior Ministry) met yesterday at the Plaza de Armas to give their views on the conflict over land on the beach at Tenacatita. Rep. David Hernandez lamented the absence of representatives of the Executive.
In sum, the deputies asked the head of the Executive, Emilio González Márquez, order the release of the beach and the road before the holidays start decembrinas, with the aim of reviving tourism in the area.
"We intend to make an agreement to open the beach and the road for people to take advantage of this period and thus reactivate the economy a bit."
U.S. Rep. Salvador Caro noted that from August 4 (when the conflict) estimated economic losses to traders for 50 million pesos. For the deputy, the State Government's attitude is a clarion call for "peaceful civil resistance. Jalisco is a state with a serious problem of governance, there are other disputes over territories that the state has failed to solve. The currency of the Government are deaf, we do not hear, not see us .... "
Another absentee was the representative of the Secretariat of Environment and Natural Resources (SEMARNAT), who sent an official letter in which he explains that he was unable to attend the event by scheduling problems, but reiterated its position that the beach must be free. Other guests that attended were representatives of the company Rodenas, who won a land dispute in the area.
He drew attention to the position of Deputy National Action Party, Luis Meillón Johnston, who admitted that he has talked about it with the governor. "I take the colors of my party, I do not intend to quarrel with the Government or the Director of State Public Security. If this does not solve is politicized. "
"The road may be closed"
The representative of the Human Rights Commission, Alfonso Hernández Barrón, announced the progress of the investigation into the confrontation between police and demonstrators supporting the area. CEDHJ said that immediately calls to withdraw the security forces who blocked the road and the beach at Tenacatita.
"The road may be closed because it was done with public funds. This path must be open, affects a number of fundamental and human rights. "
He recalled that injunctions have been issued for the authorities to avoid trouble among the people. Also felt that they should give psychological support "because there is anguish, despair and suffering, which can cause irreversible damage."
He added that this is one of the most serious issues facing the Government of Jalisco, along with the dissatisfaction of residents to build the dam in the Zapotillo Temacauplín.