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.