“Their businesses depends on having local, sustainably grown oysters to sell,” Gross says. “For a number of these restaurants in addition to dollars, one of the main selling points is the farm to table setting that they’re able to provide and without Drakes Bay Oyster Company that’s not going include local oysters.”

Plaintiffs also include the Alliance for Local and Sustainable Agriculture (ASLA); ALSA board member and rangeland ecologist Jeff Creque; and oyster farm employee Loretta Murphy.

“From their perspective, the closure of Drakes Bay Oyster Company is an extremely wrongheaded action from an environmental perspective. These oysters are about the most sustainably grown source of protein that you could imagine. It’s about making sure that local source of protein that’s grown in a way that has very little environmental impact, doesn’t go away.”

Families and friends gather by the water at Drakes Bay to enjoy oysters together. Photo: Angela Johnston

Gross says they’ve challenged the U.S Department of the Interior’s decision to close the farm based on the fact that they didn’t follow procedural laws when making their decision.

They argue that the then-Secretary of the Interior - Ken Salazar did not follow proper procedure because he did not consult with a federal aquaculture coordinating group before making his 2012 decision to not renew the company’s permit. They say failure to do so violated the Administrative Procedures Act and harmed the interests of local businesses that rely on Drakes Bay. Gross says that another policy that wasn’t followed was California’s policy that coastal land that’s being used for agricultural use can not be converted to nonagricultural use unless its no longer practicable. Drakes is California’s last operating oyster cannery and restaurants cannot get shucked oysters from anywhere else in the state.

A Save Drakes Bay sign near Point Reyes Station. The Lunny's and the community have been involved in a long legal battle to keep the farm open. Photo: Angela Johnston

“I don’t know what we will do without the oysters on the menu,” says Patricia Unterman, the founder and co-owner of the Hayes Street Grill in San Francisco. “People love them on our menu, and people love that they come from only 45 minutes away. It’s a terrible, terrible loss if we couldn’t continue to serve these.”

Co-owner and Chef Daniel Delong of the Sir and Star in Olema says he and his partner Margaret Gradé use Drakes oysters in several popular dishes on the menu - served raw with pickled kelp and mustard seeds, fried with potatoes and duck egg hollandaise. DeLong says he not only is disappointed he may not be able to cook with them anymore; he’s also sad to be losing a local food source, that’s why they are part of the lawsuit.

“It would be like winning the lottery for them, we just don’t really think we are ready to give up. I think it’s too important to give up. I think to lose such a valuable piece of California’s history would be a shame.”

DeLong and Grandé say they’ll fight until the very last second to keep this important food supply running.

“Whatever you got, you may as well bring it now, because when it’s over, it’s over,” says Tod Friend, the owner of Tomales Bay Oyster Company (TBOC). TBOC buys a quarter million oysters from Drakes annually to supplement their demand. The alternative, Friend says, is getting them from the North West, which costs extra for transportation and packaging.

Bags of oyster shells at Drakes Bay Oyster Company. Photo: Angela Johnston

Kevin Lunny sees this new lawsuit as extremely important because he says it demonstrates a community sentiment that has been here since the beginning of the debate.

“There is this collective disbelief that we are actually closing, and this is just another example of the community coming together and saying this cannot happen. They raise some very sound arguments about the state’s right to grow selfish and I hope it will help sort out some important questions,” he says.

On Friday, the restaurants and business owners filed a motion for a temporary restraining order combined with a motion for a preliminary injunction.

“We basically went to the court and said we cannot wait for a full briefing because if we do wait, the farm will have already closed and we will suffer irreparable harm from not having that local supply of fresh protein,” Gross says.

Drakes Bay biologist Rosa Meza sorts baby oysters based on their size. Photo: Angela Johnston

Now, Drakes Bay can continue harvesting for thirty days while the plaintiffs pursue their case, and the government will not require Drakes Bay to remove any oysters or any of the frames in the Estero without giving them a 30-day notice.

“So every day that goes by there’s at least 30 more where Drakes Bay Oyster Company can harvest oysters. We hope that in September, we can litigate our case and have the courts set aside the decision that closed the oyster farm, and require the department of the Interior to revisit it but in compliance of the law and all of the procedures the failed to address. ”

Lorena Pablo shucks oysters in a shipping container behind the farm. Photo: Angela Johnston

Kevin Lunny says they are also trying to evaluate every possibility for keeping his staff employed, including looking at relocating to a small spot in Tomales Bay, an area of Humboldt Bay, or as far away as Baja California.

“We are keeping our eyes wide open. We need something to work so that we can keep these wonderful people on at work. They’ve known for years their job is on the line and they had every reason to find another job before this thing happened but they didn’t, they stuck with us. Their hope only makes us more hopeful.”

Lorena Pablo serves customers some oysters from inside the shack. Photo: Angela Johnston

Drakes Bay Oyster Company will still close retail operations on Thursday, July 31, but will continue to harvest oysters. The group’s request for an injunction will likely be heard on September 9.

Listen to KQED News report on the closing of the retail operation at Drake's Bay Oyster Company:

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