DAVE RAUSHKOLB:
Customary use shouldnʼt
require defending
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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.
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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