Beach ordinance violates 1st amendment rights. Will they ever learn. Just Too funny
Replies
46Beach Fanatic
#21
Here is the Order.
Beach Fanatic
Don't see how this is anything to be happy about. Also don't see how "ropes, chains, signs, or fences" meant to keep people off of the beach are 1st amendment issues. It's about who has the money.
Beach Fanatic
Don't see how this is anything to be happy about. Also don't see how "ropes, chains, signs, or fences" meant to keep people off of the beach are 1st amendment issues. It's about who has the money.I understand that it feels that way to many, but it is about so much more than money. Just like you believe that people with "money" are trying to keep others off the beach, an argument could, and has been made by property owners, that money (tourism) is the reason that their property rights are under attack. The Customary Use Ordinance has not been struck down at this point, so instead of looking at this as a way to keep people off the beach, look at it as an opportunity to dintinguish private property vs. public property and follow the customary use restrictions when on private beaches. Without signs, there is no way to differentiate. Respectful beachers are not the problem for most gulf front owners. Give respectful customary use a try and encourage others to do the same. You might be surprised to find that everyone can enjoy the beach together again.
Beach Fanatic
Looks like it might be time to enforce that WCSO SOP...or did that just go in the shredder?


Beach Fanatic
Looks like it might be time to enforce that WCSO SOP...or did that just go in the shredder?I think it was in the shredder before the Obstruction or Customary Use Ordinances were enacted.

Beach Comber
From the ruling "7. Costs to be taxed against Defendant"
I wonder how much this unconstitutional ordinance cost the county ?
I wonder how much this unconstitutional ordinance cost the county ?
Beach Fanatic
Federal Court says Commissioner Cecilia Jones directed staff to violate citizen's First Amendment Right.
Beach Fanatic
I understand that it feels that way to many, but it is about so much more than money. Just like you believe that people with "money" are trying to keep others off the beach, an argument could, and has been made by property owners, that money (tourism) is the reason that their property rights are under attack. The Customary Use Ordinance has not been struck down at this point, so instead of looking at this as a way to keep people off the beach, look at it as an opportunity to dintinguish private property vs. public property and follow the customary use restrictions when on private beaches. Without signs, there is no way to differentiate. Respectful beachers are not the problem for most gulf front owners. Give respectful customary use a try and encourage others to do the same. You might be surprised to find that everyone can enjoy the beach together again.Nice in theory but if it includes signs, chains and fences on the beach I am against it.
Loss of right of ways, clear cutting land, paving dunes, signs on every inch of roadway, traffic jams ... all problems. But taking it out on to the beach is evil.
Beach Fanatic
Federal Court says Commissioner Cecilia Jones directed staff to violate citizen's First Amendment Right.
And people will still go out and vote for her!
Beach Fanatic
Why ?
Beach Fanatic
Because there are a lot of ignorant people. Add them to those that are bought and paid for and you've got a fairly good voting base.
Beach Fanatic
Why ?
You got me on that one Bob Hudson. For the life of me I can't figure it out.
Beach Fanatic
Don't see how this is anything to be happy about. Also don't see how "ropes, chains, signs, or fences" meant to keep people off of the beach are 1st amendment issues. It's about who has the money.
The County has a multi million dollar budget, so the money didn't do them any good! They LOST!
Edited
Beach Comber
Don't you just love it when elected officials use taxpayer money to try to beat them into submission.
Beach Fanatic
Don't you just love it when elected officials use taxpayer money to try to beat them into submission.



Beach Fanatic
The County has a multi million dollar, so the money didn't do them any good! They LOST!no - the county never has very good lawyers.
Beach Fanatic
no - the county never has very good lawyers.
I hope you're not expecting an argument out of that statement. Sorry to disappoint.
Beach Fanatic
They may not be very good but we pay them like they are the best.
Beach Fanatic
FROM THE RULING
Prior to this workshop, the County had received complaints about the ever increasing obstructions on the beach, a trend since mid-2015.5 The meeting began with a presentation on the law of “customary use” by David A. Theriaque, outside legal counsel for the County. The public was permitted to comment on the presentation and the issue of beach access. At the end of the meeting, the Board of County Commissioners (the “Board”) directed the County Attorney’s Office to “begin changing the beach activities ordinance to address obstructions on the beach.”6 ECF No. 53-1 at 201.
More specifically, one of the Commissioners, Cecilia Jones, stated that: [she] would like to direct staff towork with Mr. Theriaque in coming up with some kind of action, some kind of plan to bring back to us[regarding beach access]. And please include those atrocious fences and those unsightly signs that if amouse did get caught in our fences he would not live. If a turtle got caught in those fences. And even ourpublic. We just don’t need – aesthetically we don’tneed those ugly fences. We don’t need those notrespassing signs.
Prior to this workshop, the County had received complaints about the ever increasing obstructions on the beach, a trend since mid-2015.5 The meeting began with a presentation on the law of “customary use” by David A. Theriaque, outside legal counsel for the County. The public was permitted to comment on the presentation and the issue of beach access. At the end of the meeting, the Board of County Commissioners (the “Board”) directed the County Attorney’s Office to “begin changing the beach activities ordinance to address obstructions on the beach.”6 ECF No. 53-1 at 201.
More specifically, one of the Commissioners, Cecilia Jones, stated that: [she] would like to direct staff towork with Mr. Theriaque in coming up with some kind of action, some kind of plan to bring back to us[regarding beach access]. And please include those atrocious fences and those unsightly signs that if amouse did get caught in our fences he would not live. If a turtle got caught in those fences. And even ourpublic. We just don’t need – aesthetically we don’tneed those ugly fences. We don’t need those notrespassing signs.
Beach Fanatic
"More specifically, one of the Commissioners, Cecilia Jones, stated that: [she] would like to direct staff towork with Mr. Theriaque in coming up with some kind of action, some kind of plan to bring back to us[regarding beach access]."
The above statement was taken from a Federal Judges Ruling.
Wow, if anyone votes this fraud back into office, you might be considered a conspirator.
All the $$$ that will be spent on this comes from this remark.
Love that County D&O Insurance Policy!!!
The above statement was taken from a Federal Judges Ruling.
Wow, if anyone votes this fraud back into office, you might be considered a conspirator.
All the $$$ that will be spent on this comes from this remark.
Love that County D&O Insurance Policy!!!
Beach Fanatic
The County has a multi million dollar budget, so the money didn't do them any good! They LOST!The BCC have unlimited money! They just have to raise taxes. 1/2 penny here, 1/2 penny there. Taxes that are used to litigate against the property owners who spend their hard earned money that pay most of the taxes in south Walton. Wonder how much infrastructure the BCC could have paid for instead of this litigation and attorney fees paid to Theriaque? How much you want to bet the BCC will just try to reword the ordinance to try again?
Problem is it's not the BCC's money. What do Commissioners care? It's the tax payers money. If the BCC looses litigation, each BCC member should have to paid 10% each (total 50%) of the County legal expenses, court costs, and fees. Just like the property owners have to spend their own money to defend their constitutional rights. Then maybe the BCC would think about the how they vote and be accountable in real terms.
Beach Fanatic
About 20 miles or 75% of Walton littoral beachfront property is privately owned to the MHWL. I know it makes too much sense but shouldn’t Walton BCC/TDC mark the 6 miles of publicly owned property and north/south beach access lanes to the MHWL? Then by default the other 75% is private. Walton already marks 50% of the public beach fronts now for vendor use areas. Of course only the vendors know where those public areas are. But the key is for the TDC to educate the public with their $20 MILLION a year in taxes where the public beaches are, that the public is on private property outside the marked public areas, to respect private property and constitutional rules, then ENFORCE the rules.
Beach FanaticAuthor
Cecilia is only a puppet for the GANG. She says what they tell her to. She has the bran of an ant.
Beach Fanatic
The BCC have unlimited money! They just have to raise taxes. 1/2 penny here, 1/2 penny there. Taxes that are used to litigate against the property owners who spend their hard earned money that pay most of the taxes in south Walton. Wonder how much infrastructure the BCC could have paid for instead of this litigation and attorney fees paid to Theriaque? How much you want to bet the BCC will just try to reword the ordinance to try again?
Problem is it's not the BCC's money. What do Commissioners care? It's the tax payers money. If the BCC looses litigation, each BCC member should have to paid 10% each (total 50%) of the County legal expenses, court costs, and fees. Just like the property owners have to spend their own money to defend their constitutional rights. Then maybe the BCC would think about the how they vote and be accountable in real terms.
I don't disagree with anything you said. We have got to VOTE THEM OUT!
Beach Fanatic
Cecilia is only a puppet for the GANG. She says what they tell her to. She has the bran of an ant.
I think you give her far to much credit in the brain department!
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