City Declined to Release the Complete 2023 Air Show Settlement Records

Huntington Beach, California will be forced to chalk up $182,092 in attorney fees and other costs related to a 2023 court case. The city had been sued by a resident after it refused to release the full settlement agreement from the Pacific Airshow lawsuit.

The issue began in October 2021 when a massive oil spill, about 25,000 gallons, forced the Pacific Airshow to cancel its final day of events. The airshow operator, Code Four, decided to sue for a breach of contract. Huntington Beach agreed to pay Code Four up to $7 million in the case.

However, Huntington Beach City Attorney Michael Gates only released a one-page summary of the suit. He refused to make the full details of the settlement public, wanting to avoid publishing terms and conditions for a potential future contract with the Pacific Airshow.

“After speaking with our outside attorneys who are representing the city in pending litigation for the oil spill, it was decided that it’s better to keep that agreement undisclosed so as to ensure that the city was in the best position to litigate the oil spill lawsuit,” Gates explained.

Taxpayers were rightfully upset with Gates’ secrecy. Gina Clayton-Tarvin, a resident and a member of the Ocean View School District Board of Trustees, filed a lawsuit against Huntington Beach in 2023 alleging that it violated the California Public Records Act. She noted that Pacific Airshow and Code Four CEO Kevin Elliot had previously made donations to the City Council and Attorney, sparking a potential conflict of interest.

Clayton-Tarvin also claims that Gates’ denial to release the complete settlement agreement took away opportunities from local businesses to milk economic opportunities from the airshow.

“When you are a public fiduciary or an elected official, you’re supposed to be looking for the lowest responsible bidder according to the California Government Code,” she said. “They did the exact opposite. These people are like drunken sailors out on a weekend spending wildly with no reservations. It’s absurd.”

After a long 18 months, Huntington Beach lost the case and was ordered to hand over $182,092 to Clayton-Tarvin’s attorneys. Neither side objected to the court’s ruling.

FMI: www.pacificairshowusa.com