The previous federal court decision of November, 25, 2008 placed a temporary restraining order on the removal of the seals. The current judge involved stated that wording regarding the effective dates of the order was nowhere to found in the November ruling.
Attorneys involved in the saving of the seals planned to ask for complete clarification as to whether or not the restraining order was in effect. Attorneys arguing for the removal of the seals contend that the restraining order is moot and it was a failed attempt at requiring the city to obtain a federal permit prior to removing the seals.
Attorneys for the saving of the seals asked the judge to take into consideration the city's current economic situation and the estimated six-hundred thousand dollars that would be required to remove the seals. Additionally, concerns regarding the removal becoming a public relations nightmare for the city of San Diego were also put fourth.
On Friday, May 22, the city of San Diego submitted a proposed removal plan of the seals. The amplified sound of barking dogs would be used to incite the seals to leave the pool. The plan would also require the hiring of a worker to remove the seals as needed between the hours of 6 AM and sunset every day for six months. Bacteria testing of the water would be conducted weekly.
The amplified dog barking sounds received objection form attorneys supporting the removal pointing out a nearby retirement community and the possible nuisance of the noise on its residents.
It was concluded that a community forum would be conducted to hear ideas and suggestions on the subject. Representatives from the Mayor's office will be in attendance.
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