Latest news via Dobie

This is rather long, but Daniel asked me to post it here. dobie  (La Manzanilla message board)

The Good News – Lino, a member of the ejido and owner of the historic Hotel Frances in Guadalajara has won his case for 5 of his lots on the hill to Playa Mora (the snorkeling beach). He was able to fence 3 hectares (7.5 acres). This is a major advance, as the other 4 who won hadn’t been allowed (by the “private” state police) to fence their lots, although they have a judicial order to do so. These lots are outside the 42 hectares of Rodenas’ original claim. As of now, access to Playa Mora is still by walking around the rocks at low tide. 

Francisco, the lawyer who’s working to help the restaurant owners recoup some of their losses, is filing a queja (a type of lawsuit) which will cover all of the lots that are outside the 42 hectares, (maybe as many as 100 lots) that Rodenas has taken possession of illegally. Some of you might remember that a couple of years ago another lawyer, Everardo Rojas won a similar queja, but after going through revision, the decision was reversed. Apparently it was denied because it included all of the land that Rodenas took, including the lots within the 42 hectares. That’s a separate case and is still in process. 

There was a meeting at Chito’s restaurant last week where people decided to invite Julian, the president (head) of the municipality of La Huerta, to come to El Rebalsito and talk to people about what’s happening with the beach. People are asking for the right to be vendedores ambulantes (walking beach vendors) in the federal zone. Also included in the email invitation was a request that Francisco (the lawyer) be given access to all the files relating to the concession so he can keep us up to date as to what’s happening. 

The Not So Good News – The issue of the concession still has not been resolved, and now the decision has been suspended. There was no reason given. So nobody has the concession, neither Rodenas nor La Huerta. 

Rebalsito Update – 

There were a couple of busy days on the beach and in town during Semana Santa, but that was it. Some of the tour buses that come out to the beach only stay for a short time due to the lack of bathrooms. The municipality has tried to bring in portable toilets, but wasn’t allowed. Crazy. 

Thanks to Santa Claus, we have another laptop to give to the top middle school graduate this July. This will be the 5th one. 

Many of the jobs in Mexico now require la prepa (high school) whereas before, la secundaria (middle school) was sufficient. Unfortunately la prepa isn’t free – costs about 600 pesos ($50 US) a semester. Certain books have to be bought, or shared. There’s no public transporation to the nearest prepa here in Miguel Hidalgo, and it’s too far to walk, so the students have to chip in for gas and get someone to take them, or try to hitchhike. 

I’d love to figure out a way to help some of these kids who are really motivated and doing well in school (prepa requires and entrance exam) to be able to continue their education, especially if they come from families that can’t afford to pay for them. When the restaurants on the beach were open, the kids could work vacations and make some money. But now there aren’t many jobs to be had. 

If anyone has any ideas or suggestions as to how to raise some money for this, please let me know. Everyone has been very generous in responding to different needs of the community, but I hate to keep asking for money, even if it’s not for me! Also, if anyone would like to work on this project with me, let me know. Education is so important, not just the book learning part of it, but getting out, being around different people, getting exposed to new ideas, seeing a bigger picture ; it gives someone more options. 

La Manzanilla Message board

News on Tenacatita

As much as I hesitate to post this because of past dissapointment over the progress toward opening Tenacatita and giving the beach back to the Ejido ... here it is.  Still a wait and see game.

We seem to be getting closer and closer to the day when there will once again be free access to Tenacatita beach. The concession (right to develop the beach) has been given to the County of La Huerta as a tourist destination. Rodenas' concession was revoked for non payment of taxes and it wasn't renewed because at the time Rodenas applied for renewal, they no longer had a concession to renew because it had been revoked earlier. La Huerta has said they will return possession of the beach to the ejido.

Ultimately it looks like Rodenas/Villalobos may lose everything, even his supposed 42 hectares. The ejido lawyer, Everardo Rojas Contreras came to a meeting yesterday in El Rebalsito to give an update on what's happening legally. Although the woman Villalobos bought the land from in the early 90's, won a Supreme Court decision against the community of El Rebalsito, she never took possession of the land. Villalobos assumed her decision would apply to him too, but with legal decisions, you can only get what you ask for and it turns out Villalobos never asked for possession of the land, he just took it. Another mistake Villalobos made is in 2006, when property titles, signed by the President of Mexico, were given to the individuals (Mexicans and foreigners), who were in possession of the land Villalobos is claiming, he never contested them. Now he's saying they're not valid; but titles in Mexico are meant to be the ultimate security that the land is in fact yours and no one can take it away (except, of course, the government if they want to expropriate it for a road, airport, etc.)

The State Supreme Court justices ruled in favor of the ejido in October, saying the beach was to be returned to the state it was in before the eviction on October 4, 2010. Rodenas appealed. The appeal was heard on Dec. 28 and the decision should be forthcoming soon. Rojas says he's 99.99% certain we'll win the case.

In July, Mexicans will go to the polls to elect a new president, residents of Jalisco will elect a new governor, and locally we'll be voting for a new head of the county of La Huerta. All these positions are now occupied by members of the PAN party (the party of businessmen and the rich). Fernando Guzman Perez is running for governor. As secretary to the present governor, Emilio Marquez, he was instrumental in allowing Villalobos to violently evict residents and tourists from their homes and businesses on Tenacatita beach. When leaders of El Rebalsito went to Guadalajara (capital of Jalisco) to try to reach a compromise with Villalobos, Guzman Perez took Villalobos' side and didn't even let the people present their case.

Now that elections are coming, he seems to have changed his tune. He knows that in order to win the election, he needs votes from the coast. Rojas says he's working with Guzman Perez, who is now inclined to help get the beach opened. Of course it's hard to trust a turncoat, but at least he won't be actively fighting against us. Rojas has been meeting with other state officials and there's lots of support for opening the beach and allowing people to go back to work. With the bleak economic picture in Mexico, taking away jobs is not a very popular subject. Rojas said they're trying to get the beach open before Semana Santa (Easter time), when Mexicans take to the beaches in droves.

Rojas began the meeting in town by thanking me and all of the extrajeros (foreigners) for our help in the struggle. That includes all of you (this email goes out to 100 people) who have contributed financial, emotional, moral and physical support to the people of El Rebalsito. In Mexico they say, "la union hace la fuerza" which means theirs strength in unity. I do believe that ultimately justice will prevail.

dobie