"Now the people have more confidence. If two restaurants have already won, why aren't we all going to win?". This is how Dévora Santana González, owner of Casa Torano, a restaurant located in El Golfo, expresses herself, who is waiting to know the resolution of the Superior Court of Justice of the Canary Islands, after a complaint filed by the General Directorate of Coasts for installing a terrace. The confidence of this and other merchants resides in the last sentence, which was known last week, and which exempts Casa Plácido from paying a sanction that Coasts demanded for having tables on public land. The Court also ruled in favor of the Bogavante restaurant, which will also not have to pay a fine for having a terrace, next to the sea.
Although hope is glimpsed on the faces of the merchants, the truth is that the restaurants have only managed to get rid of the sanction, but they are still waiting to know what the definitive demarcation of Coasts will be, which is currently appealed in the Supreme Court.
Thus, the latest ruling of the Superior Court of Justice of the Canary Islands does not resolve that this land, next to the sea, can be used by Casa Plácido to install its terrace, but rather exempts it from paying a penalty for occupying public maritime-terrestrial land with 12 tables, 48 chairs, 8 umbrellas and 4 lampposts, according to the complaint filed at the time. And what the Justice fails is that the complaint from Costas, which filed it in 2007, is not sufficiently substantiated, because it should have demonstrated that it owns the land.
And it is that, after Costas denounced them and imposed a fine on them, the owners of the Casa Plácido restaurant filed an administrative appeal against that sanction, but it was rejected in 2009, so they decided to go to court. In their defense, the owners alleged that the ministerial order that approved the demarcation of El Golfo in 2006 was suspended when this sanctioning file was processed, and that therefore, it was not appropriate.
"I filed an appeal for reconsideration against the demarcation and requested its precautionary suspension. When requesting it, there is an automatic mechanism that if Costas does not respond, it is directly suspended and nothing can be executed," argues the lawyer, José Ortega.
However, on this point, the Court only partially agrees with the restaurant. And it is that it maintains that the suspension of the demarcation does not prevent Costas from recovering land that belongs to it by law, but it does have to demonstrate its ownership. That is, since the demarcation was not in force, Costas had to have proven that the land in question was part of the maritime-terrestrial domain, because it met the characteristics indicated in the Coasts Law.
The demarcation, appealed
For his part, José Ortega, the lawyer who has won both the Casa Plácido and Bogavante rulings, and who expects a third ruling, has valued these court decisions "as very positive". "It is very difficult for Justice to agree with you if you go against the Government," says this lawyer, who is "happy" because in the last sentence "Costas is told that it has not even bothered to defend its complaint."
Thus, although these two restaurants have "escaped" paying a fine to Costas, the truth is that they are still waiting to know what the definitive demarcation will be since, according to this lawyer, a appeal has been filed with the Supreme Court. "In 2008, the Cabildo was asked for help to annul this demarcation and a lawyer was made available to the residents. And it is that both the Technical Office and the legal team of the City Council recognize the existence of El Golfo as an urban center before the Coasts Law," they defend from the Yaiza City Council.
Trust in El Golfo
The two satisfactory rulings for the restaurants have given considerable confidence to the merchants of El Golfo. "We are very happy, because it is very important for our work. If they take away our terraces, we will all go home," says the owner of Casa Plácido, Cleofé Ramón, who insists that "Coasts takes advantage of humble people, of small restaurants, while the big hotels are still standing."
Thus, although the ruling is clear in ensuring that Costas should have proven that the land was theirs, the truth is that all the restaurants adjacent to Casa Plácido believe that they will also be able to get rid of this sanction and also trust in being excluded from the demarcation. Nina, from the Bogavante restaurant, who already defeated Costas in court and got rid of paying a fine, affirms that "she sees these decisions of the Justice as reasonable."
Those who are still uncertain are somewhat calmer. "It seems that we can beat Costas and the truth is that people are hopeful," says Luis de León, from the Mar Azul restaurant. Right next door is Lago Verde, whose owners imagine "that they will agree with all the businesses in the area."
From Casa Torano, the owner Dévora Santana, defends the need for restaurants to have a terrace. "Tourists and residents come here to see the sunset, to sit by the sea, to observe the landscape. In the end, if Costas gets away with it, the town will be left without an economy," she indicates.
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