Saturday, November 5, 2011

A visit to Tenacatita Beach, with armed guards watching us

TENACATITA, Jalisco, Mexico - A quick visit to Tenacatita Beach, our first since the land was illegally seized by Jose Villalobos more than a year ago, can best be described as surreal.

First, we had to pass through a caged area, in which they searched our truck and asked lots of questions about why we were coming in. Then as we drove in, a guard with a rifle watched us from a balcony of the house built by a woman named Irene. Adm. Fox had her IPad taking pictures but put it down - we had strict orders, only photos of the beach.

At the beach, it was worse. A snarly guard told us exactly where to park and then made it clear that photos were to be of the water, not even the beach in either direction,

And how did I determine the guard with the automatic weapon was snarly? Instead of the polite 'senor' he hollered at me repeatedly using 'usted'. Senor of course means Mister, usted translates as You.

These guys would be very at home in the Oakland, California police department.

In La Manzanilla, the people - including one person whose restaurant was seized - seem convinced that the beach will reopen, sans guards, in December.

Vamos a ver, amigos.

When we return in January, we will make a more concerted assault to get photos, perhaps even hire a boat to shoot video and photos from the bay - if the guards are still strutting about like stormtroopers.



- Posted using BlogPress from my iPad

Friday, October 14, 2011

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.

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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.

Monday, April 25, 2011

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

Saturday, April 16, 2011

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:

Friday, April 15, 2011

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