Interesting release from Congressional Research Service. Crash course on Federal Law regarding Constitutional protections for private property owners in context of COVID-19 taking. I am not going to even pretend to act like I am an authority on legal matters, but, it sounds to me that this lawsuit's outcome hinges on whether or not the local government has recognized police power to temporarily close the beach, some of which is private dry sand. Good reading regardless.
https://crsreports.congress.gov/product/pdf/LSB/LSB10434
Thank you for posting this and the link. Beyond the "legal" position or interpretation, it would be a nice change to have the county officials use some common sense. As stated, you can go in your backyard, i.e. on your "grassy" area, but can't walk 10 feet to the sand that is part of your property.
Talk about the proverbial "line in the sand".
But you can go on the sand that is associated with the bay. You can't surf or paddle in the GOM, but you can in the bay. ?????
I could understand closing the GOM to water enthusiasts if the reason was no lifeguards are allowed to be on the sand and offer their assistance. I may have missed this part if that is the position of the county.
It is also somewhat laughable that there are those "piling on" Mike Huckabee because of his legal action to access his own property. An easy path taken by the party of hate and hypocrisy these days. These same folks seem to have NO PROBLEM with the WCC group spending MILLIONS of OUR MONEY on legal action that really was not necessary. As a point of reference, Mr. Huckabee was the reasonable voice in the room during a "town hall" meeting on Customary Use when he suggested working toward a compromise and resolution. He had NO takers from the CU side.
I join ALL property owners that stand firm to control and use their respective land in a manner that is respectful of the law and their fellow neighbors.