• Trouble logging in? Send us a message with your username and/or email address for help.
New posts

Dave Rauschkolb

Beach Fanatic
Jul 13, 2005
1,006
790
Santa Rosa Beach
DAVE RAUSHKOLB:

Customary use shouldnʼt

require defending

Most Popular Our Picks

Hide caption

Beachgoers enjoy the sun and sand at Miramar Baeach

near the Whaleʼs Tail restaurant. [FILE PHOTO/DAILY

NEWS]

By Dave Rauschkolb | Guest columnist

Posted Jun 24, 2018 at 10Q00 AM Updated

Jun 27, 2018 at 12Q52 PM

This is fundamental; our beaches are the

prime attraction in Florida. They are the

principal reason most of us live here and why

most people choose to vacation here with

their families. This is a case where stating an

obvious truth is essential. Privatizing any

beach in Florida is an attack on the economic

well being of beach communities and our

quality of life. I believe beach access and use

should be sacred and protected.

This overreaching and arbitrary legislation will

allow for American citizens to be forcibly

removed for trespassing from so called,

“private beaches.” We must all take heed

because a very slippery slope has begun. Any

Coastal beach town in Florida could be next.

One may ask, how do you defend customary

use in the face of “private owners?” I shake

my head in disbelief that this even needs

defending. For me, it is like someone stating

“the oxygen above my home is private and

mine alone.”

Since humans have walked the earth our

beaches have been a shared resource used

for fishing, recreation, travel, access and play.

All the beaches of Florida have been

uninterrupted in their human use for many

centuries. This doctrine of “customary use”

gives all of us reasonable access and

enjoyment on our beaches. Up until a few

years ago this was never in question. So now,

suddenly, after hundreds of years of use,

beachfront owners of Walton County and the

Legislature are allowed to say no? I beg to

differ, and we all should.

Frankly, I find the notion of a “private beach” a

foreign concept; an oxymoron. I donʼt think

this is an extreme view at all, and I believe

most people agree. When someone

purchases a beachfront home, they risk the

wrath of hurricanes, but the reward is the

view and a shorter walk to the beach than

most of us. Thatʼs it.

Much of the problem of use and access stems

from complaints of bad behavior behind

peopleʼs homes. In deference to beachfront

homeownersʼ complaints, I agree that certain

unsavory activities that may occur on the

beaches must be regulated. The proper

enforcement of laws should be all the

insurance beachfront owners need to ensure

peaceable, beach activities behind their

homes. Simple law and order already regulate

beaches all over the world.

It is critical that the sandy areas of Floridaʼs

beaches are open for all to enjoy; our touristdriven

economy is dependent on this

perception and reality. Any threat to beach

use is a threat to our local and statewide

economy. Perception is everything when it

comes to peopleʼs decision to choose a

tourist destination or a property purchase. If

they know a beach is not easily accessible or

usable, they will be less apt to book or

purchase property. Would you? Private

beaches are in direct opposition to the image

and perception of Florida as both a tourist

destination and a quality place to live.

Beginning July 1, some county beach access

bordered by “private property” will only allow

someone to walk to the water and set up a

beach chair on a 10 foot strip of sand. You

may walk along the water in the wet sand but

you could be arrested for stopping on the

wrong beach. This is wrong on so many

levels. “No trespassing” signs and ropes are

showing up everywhere already. A simple,

conflict-free, fun day at the beach with your

kids is now at risk. I think it is terrible. As a

father of two young children and a business

owner in South Walton County for 32 years, I

take that loss of quality of life and risk to our

economy very seriously.

Customary use, which is the law of the sand in

Hawaii, Oregon and Texas, grants permanent

public access based on ancient, peaceful,

uninterrupted and reasonable use of the

beach by the public. One would hope Florida

could adopt a similar law. We should work

together to follow these 3 other Stateʼs lead

and make all of Floridaʼs beaches a shared

resource for all of us in perpetuity.



Sign up for daily e-mail

Wake up to the dayʼs top news, delivered to

your inbox

Most Popular Stories

Trending Articles
 

Attachments

  • Safari - Jun 28, 2018 at 6:56 AM.pdf
    35.2 KB · Views: 57

beachmax

Beach Comber
Mar 29, 2017
36
39
78
30-A
i guess as a person that benefits financially from the throngs of tourists you would have that opinion. The explosive, lightly regulated growth that South Walton has experienced over the last thirty years or so has taken place without customary use so the inflammatory talk of an economic disaster is way out of bounds. Customary use is being pursued so that large developers can activate their inland holdings and bus people to the beach. Think St Joe's Latitude Margaritaville on the bay with 25,000 families. As Walton County is the only county pursuing Customary Use all of the throngs will come here. It seems like more discerning counties care about their citizens more than just the tourists. The 30-A quality of life is already greatly diminished even without Customary Use so why would anyone want to continue the destruction of any remaining uniqueness of South Walton? I guess grubbing for more money is the only thing some people care about.
 

lazin&drinkin

Beach Lover
Apr 13, 2010
174
154
By Dave Rauschkolb | Guest columnist

Posted Jun 24, 2018 at 10Q00 AM Updated

Jun 27, 2018 at 12Q52 PM

This is fundamental; our beaches are the

prime attraction in Florida. They are the

principal reason most of us live here and why

most people choose to vacation here with

their families. This is a case where stating an

obvious truth is essential. Privatizing any

beach in Florida is an attack on the economic

well being of beach communities and our

quality of life. I believe beach access and use

should be sacred and protected.

This overreaching and arbitrary legislation will

allow for American citizens to be forcibly

removed for trespassing from so called,

“private beaches.” We must all take heed

because a very slippery slope has begun. Any

Coastal beach town in Florida could be next.

One may ask, how do you defend customary

use in the face of “private owners?” I shake

my head in disbelief that this even needs

defending. For me, it is like someone stating

“the oxygen above my home is private and

mine alone.”

Since humans have walked the earth our

beaches have been a shared resource used

for fishing, recreation, travel, access and play.

All the beaches of Florida have been

uninterrupted in their human use for many

centuries. This doctrine of “customary use”

gives all of us reasonable access and

enjoyment on our beaches. Up until a few

years ago this was never in question. So now,

suddenly, after hundreds of years of use,

beachfront owners of Walton County and the

Legislature are allowed to say no? I beg to

differ, and we all should.

Frankly, I find the notion of a “private beach” a

foreign concept; an oxymoron. I donʼt think

this is an extreme view at all, and I believe

most people agree. When someone

purchases a beachfront home, they risk the

wrath of hurricanes, but the reward is the

view and a shorter walk to the beach than

most of us. Thatʼs it.

Much of the problem of use and access stems

from complaints of bad behavior behind

peopleʼs homes. In deference to beachfront

homeownersʼ complaints, I agree that certain

unsavory activities that may occur on the

beaches must be regulated. The proper

enforcement of laws should be all the

insurance beachfront owners need to ensure

peaceable, beach activities behind their

homes. Simple law and order already regulate

beaches all over the world.

It is critical that the sandy areas of Floridaʼs

beaches are open for all to enjoy; our touristdriven

economy is dependent on this

perception and reality. Any threat to beach

use is a threat to our local and statewide

economy. Perception is everything when it

comes to peopleʼs decision to choose a

tourist destination or a property purchase. If

they know a beach is not easily accessible or

usable, they will be less apt to book or

purchase property. Would you? Private

beaches are in direct opposition to the image

and perception of Florida as both a tourist

destination and a quality place to live.

Beginning July 1, some county beach access

bordered by “private property” will only allow

someone to walk to the water and set up a

beach chair on a 10 foot strip of sand. You

may walk along the water in the wet sand but

you could be arrested for stopping on the

wrong beach. This is wrong on so many

levels. “No trespassing” signs and ropes are

showing up everywhere already. A simple,

conflict-free, fun day at the beach with your

kids is now at risk. I think it is terrible. As a

father of two young children and a business

owner in South Walton County for 32 years, I

take that loss of quality of life and risk to our

economy very seriously.

Customary use, which is the law of the sand in

Hawaii, Oregon and Texas, grants permanent

public access based on ancient, peaceful,

uninterrupted and reasonable use of the

beach by the public. One would hope Florida

could adopt a similar law. We should work

together to follow these 3 other Stateʼs lead

and make all of Floridaʼs beaches a shared

resource for all of us in perpetuity.



You cite 3 states which have and 1 county that seeks CU. You omit the states with ocean coast which do not have CU.

CA, WA, AK, MS, AL, FL, GA, SC, NC, VA, MD, DE, NJ, MD, DE, NJ, NY, RI, MA, NH, ME have private beaches and no CU.

The Great Lakes states of PA, MI, MN, WI, OH also have thousands of miles of beaches and no CU. Let’s not bother with the hundreds of thousands of inland lakes and their private shores.

You might note there are significant tourist-based economies in all those beach locales, too, and they have prospered despite operating under the strictures of the Constitution and Bill of Rights, just as Walton County has for decades now, despite local government ignoring those rights as is politically convenient.

Whether selective Socialists (What’s mine is mine and what’s yours is mine, too) agree or not, we do have laws in this country concerning freedom of speech, due process and private property rights, and your views are in direct conflict with those fundamental rights of every citizen.

As you see it, the courts, the Legislature, and the Governor of FL are all wrong and you are right? Many thousands of us, beachfront and non-beachfront owners alike, disagree with you. We have abided by the law and will continue to do so because that is our responsibility that accompanies those rights. Were we to disregard that responsibility, we would be trampling on your rights just as you wish to trample willfully and unlawfully on those who own on the beach.

Having prospered financially for decades without CU, you and a few others espouse greed and lawlessness while making statements that conflict with objective reality. Walton has prospered and will continue to do so despite the agendas you espouse and align yourself with.

As a matter of law, you are wrong. As a matter of logic, you are wrong. As a matter of ethics and manners, you are wrong. And as the list of states above indicates, you are in the very small minority in this country on this issue.

And by the way, I’m not a beachfront owner. I’m just an American who honors his duty to his country and his fellow man, who believes in and respects the laws as set forth in our Constitution and Bill of Rights (with the occasional exception of a speed limit here and there), and who accordingly respects the rights of others. Our country became the greatest in the history of the planet because of our laws and system of government, however imperfect they may be.

The rights enumerated above are the foundation of our republic, and they were established specifically in reaction to the rule of plutocrats and monarchs in England where those rights did not exist except where specifically granted by the Lords of the Manor or the King. As a man who has prospered greatly under our, in your ever so selective view, execrable system, you espouse mob rule? I’m sorry. You are wrong, just as the plutocrats of old were.

You and others have prospered because America rejected your premise then. The State of Florida has provided you a legal avenue to pursue what you see as your divine right. It has outlawed your past and proposed invasions and takings of the property of others as you propose. Feel free to pursue legal remedies for the injustice you perceive, but enough of this mob rule BS.
 

Dave Rauschkolb

Beach Fanatic
Jul 13, 2005
1,006
790
Santa Rosa Beach
Excellent piece Dave! Thanks for sharing. What are the details for the beach walk July 1?

Talk the Talk and Walk the Walk. Join me this Sunday for a peaceful walk on OUR beaches. 8:30 from Camp Helen State park (park opens at 8:00) and 9:30 from Topsl Hill State Park (Park opens at 9:00 arrive at 8:45 to catch the tram.). Or join in as we walk at any beach access. We will be walking at 2 miles per hour so its easy to calculate where we will be. 11 miles from Camp Helen & 6 miles from Topsl. Arrive between 2 & 3 at the Western Lake outflow at Grayton then Margaritas or a soda at Red Bar. Walk in the wet sand at the waters edge if marked "private", walk in the dry sand if not. Obey the law, avoid confrontations and have fun and enjoy OUR beaches as we have for centuries. Defend our right to use our beaches and support Customary Use. Cool off in the Gulf as you go!

A walk on the beach for Customary USE-Stand your sand July 1st

35923001_10216821043427290_804101135752232960_o.jpg
 

EZ4144

Beach Lover
Aug 6, 2005
194
107
i guess as a person that benefits financially from the throngs of tourists you would have that opinion. The explosive, lightly regulated growth that South Walton has experienced over the last thirty years or so has taken place without customary use so the inflammatory talk of an economic disaster is way out of bounds. Customary use is being pursued so that large developers can activate their inland holdings and bus people to the beach. Think St Joe's Latitude Margaritaville on the bay with 25,000 families. As Walton County is the only county pursuing Customary Use all of the throngs will come here. It seems like more discerning counties care about their citizens more than just the tourists. The 30-A quality of life is already greatly diminished even without Customary Use so why would anyone want to continue the destruction of any remaining uniqueness of South Walton? I guess grubbing for more money is the only thing some people care about.
Very rude.

I feel the beach should be open to all its not about money. If anything is grubby its trying to keep people off a beach. Any beach
 

Everytime

Beach Fanatic
Jul 9, 2005
439
113
Shelby County, Alabama
Is it possible that the area is being over-marketed and over-developed?

When county commissioners, tourism officials and local business owners start talking about the need for another north-south access road cutting through a pristine state forest alongside wetlands and several osprey nests in order to alleviate traffic, I guess it’s too late to realize that all of the heavy traffic may be due to too much high-density development between 30A and Choctawhatchee Bay.

And that over-development of high density residential/rental areas leads to more and more people on the beaches - beaches which are a limited resource especially in the areas with dedicated public parking and public access, therefore you are going to have inland renters (and residents) faced with crowded, territorial beaches when they come to sit on a towel or to set up a bunch of chairs/umbrellas/tents in adjacent spillover areas in front of private homes/communities.

How did restaurants and local businesses survive before TDC marketing was geographically expanded to every market that had an airport connecting to ECP? Many of the local restaurants (which my family and I enjoy and support) have had 2-hour waits at notable restaurants during peak season for 10-15 years, but I’m hearing that some of them want more high density development, they want Hampton Inn by Eastern Lake, they want it to be “more like Destin or PCB.” Why?

I do know that the state park beaches are some of the most beautiful, unspoiled beaches in the area and day use fees have been waived the last few summers. This seems like an option to avoid all of the private beach wars. But what about some of the larger communities along 30A? Would it be possible for Rosemary Beach, Alys Beach, Seaside, Watersound and Watercolor to open up their parking and beach access to the public? This may have been discussed before, so I’m thinking out loud. It seems like most of the property boundary conflicts involve single residence beachfront homeowners and smaller community HOAs.

I’d love to hear from all sides!
 

lazin&drinkin

Beach Lover
Apr 13, 2010
174
154
Talk the Talk and Walk the Walk. Join me this Sunday for a peaceful walk on OUR beaches. 8:30 from Camp Helen State park (park opens at 8:00) and 9:30 from Topsl Hill State Park (Park opens at 9:00 arrive at 8:45 to catch the tram.). Or join in as we walk at any beach access. We will be walking at 2 miles per hour so its easy to calculate where we will be. 11 miles from Camp Helen & 6 miles from Topsl. Arrive between 2 & 3 at the Western Lake outflow at Grayton then Margaritas or a soda at Red Bar. Walk in the wet sand at the waters edge if marked "private", walk in the dry sand if not. Obey the law, avoid confrontations and have fun and enjoy OUR beaches as we have for centuries. Defend our right to use our beaches and support Customary Use. Cool off in the Gulf as you go!

A walk on the beach for Customary USE-Stand your sand July 1st

I'm gratified that your call to marching is now respectful of private property, i.e., if marked as private beach, please march on the wet sand only. That's a significant start on returning civility to the discussion and proceedings. Thanks.
 
New posts


Sign Up for SoWal Newsletter