Federal Lawsuit Could Bar Public from Beaches and Recreation Areas

[steel1man]

Posted on: June 19, 2018
Federal Lawsuit Could Bar Public from Beaches and Recreation Areas


Federal Lawsuit Could Bar Public from Beaches and Recreation Areas


A federal lawsuit, filed on behalf of a beachfront homeowner, attempts to block Walton County, Florida’s efforts to legally recognize customary use, or the public’s long standing right to use the beaches for recreational purposes.


This lawsuit has national implications and, if successful, could deny the public’s traditional right to use recreational sites throughout the United States. Walton County takes this threat very seriously. Walton County is prepared to aggressively defend customary use and is confident the public’s right to continue to enjoy the beach will be upheld.


In Walton County, a customary use ordinance adopted by the Board of County Commissioners in 2017 (Ordinance 2017-10) officially recognized the public’s long standing right to enjoy traditional recreational activities on the flat, sandy section of beach between the dune line and the Gulf of Mexico. However, in 2018, the Florida legislature passed Florida House Bill 631 (2018 Fla. HB 631) which, when it goes into effect on July 1, 2018, will mean Walton County’s ordinance will no longer have legal standing.


Walton County officials have previously stated their intention to adopt a new ordinance under the guidelines set forth by HB 631 which, if successful, would reaffirm the public’s right to continue to use the areas of flat sandy beach for traditional recreation.


However, it appears that the new federal lawsuit filed by the Tallahassee Law Firm of Hopping Green & Sams, P.A., on behalf of Walter E. Blessey, Jr. is intended to block the efforts of the commissioners and deny the public’s right to recreational use of beaches.


Walton County government officials are vowing to fight the efforts to deprive the public of their long-held rights to the sandy portions of the beach. “This kind of stuff burns me up,” says Walton County District 5 County Commissioner Tony Anderson. “This is about doing the right thing. It’s time we stood up and took back our beaches.”


Due to the far-reaching implications of a federal lawsuit, findings in this case could affect the public’s rights to beaches and recreation areas not just in Florida, but throughout the United States. On June 25th at 9 am at the Walton County Courthouse Annex (31 Coastal Centre Blvd., Santa Rosa Beach), the Board of County Commissioners is expected to set a date for a public hearing as the first step toward again implementing a customary use ordinance.


Contacts:

Louis E. Svehla
Public Information Manager
Walton County Board of County Commissioners
SveLouis@co.walton.fl.us
Phone: 850-892-8155 x1010


Tony Anderson
District 5 County Commissioner
Walton County Board of County Commissioners
ANDTony@co.walton.fl.us

Sidney Noyes
Walton County Board of County Commissioners
County Attorney
NoySidney@co.walton.fl.us
(850) 892-8110 ext. 1111

 

[Poppaj]

Misleading thread title.

 

[Kurt]

Misleading thread title.

Edited to match press release title.

 

[Crutch]

Posted on: June 19, 2018
Federal Lawsuit Could Bar Public from Beaches and Recreation Areas


Federal Lawsuit Could Bar Public from Beaches and Recreation Areas


A federal lawsuit, filed on behalf of a beachfront homeowner, attempts to block Walton County, Florida’s efforts to legally recognize customary use, or the public’s long standing right to use the beaches for recreational purposes.


This lawsuit has national implications and, if successful, could deny the public’s traditional right to use recreational sites throughout the United States. Walton County takes this threat very seriously. Walton County is prepared to aggressively defend customary use and is confident the public’s right to continue to enjoy the beach will be upheld.


In Walton County, a customary use ordinance adopted by the Board of County Commissioners in 2017 (Ordinance 2017-10) officially recognized the public’s long standing right to enjoy traditional recreational activities on the flat, sandy section of beach between the dune line and the Gulf of Mexico. However, in 2018, the Florida legislature passed Florida House Bill 631 (2018 Fla. HB 631) which, when it goes into effect on July 1, 2018, will mean Walton County’s ordinance will no longer have legal standing.


Walton County officials have previously stated their intention to adopt a new ordinance under the guidelines set forth by HB 631 which, if successful, would reaffirm the public’s right to continue to use the areas of flat sandy beach for traditional recreation.


However, it appears that the new federal lawsuit filed by the Tallahassee Law Firm of Hopping Green & Sams, P.A., on behalf of Walter E. Blessey, Jr. is intended to block the efforts of the commissioners and deny the public’s right to recreational use of beaches.


Walton County government officials are vowing to fight the efforts to deprive the public of their long-held rights to the sandy portions of the beach. “This kind of stuff burns me up,” says Walton County District 5 County Commissioner Tony Anderson. “This is about doing the right thing. It’s time we stood up and took back our beaches.”


Due to the far-reaching implications of a federal lawsuit, findings in this case could affect the public’s rights to beaches and recreation areas not just in Florida, but throughout the United States. On June 25th at 9 am at the Walton County Courthouse Annex (31 Coastal Centre Blvd., Santa Rosa Beach), the Board of County Commissioners is expected to set a date for a public hearing as the first step toward again implementing a customary use ordinance.


Contacts:

Louis E. Svehla
Public Information Manager
Walton County Board of County Commissioners
SveLouis@co.walton.fl.us
Phone: 850-892-8155 x1010


Tony Anderson
District 5 County Commissioner
Walton County Board of County Commissioners
ANDTony@co.walton.fl.us

Sidney Noyes
Walton County Board of County Commissioners
County Attorney
NoySidney@co.walton.fl.us
(850) 892-8110 ext. 1111

Mr Anderson is obviously confused when he says "it is time to take our beaches back". First the beaches are not his to "take" back. I have a legal deed that says otherwise. Second the county is hell bent on taking something that is not theirs to begin with. Conscientious commissioners since they represent all could work out a compromise with private beach owners and all work together but that is not the countys' MO. They are entitled bullies that unfortunately cannot see past the dollar signs and will do anything to further their goals of customary use. the legislature has already attempted to take this decision away from the county but these commissioners just won't take no for an answer and keep the entire South Walton portion of the county in turmoil and put owners In a situation that they must fight aggressive short sighted idiots just to continue to enjoy the private property rights we are guaranteed. I wish the commission would be productive and develop a compromise that would benefit all. Too easy an answer I guess for them to consider. Disgusting group.

 

[Crutch]

Oh yes customary use implementation is a state function not the countys'.

 

[ShallowsNole]

What I still can't figure out is when did gulf front property owners become so possessive? and why? (Not all are, but geez.)
Used to be that you could set your chair or towel pretty much anywhere you wanted. If you were in front of someone's house, generally they didn't care. If you had 10 - 15 people down there partying and being loud, then yeah you got the law called on you and you deserved it. But one or two people in a beach chair calmly enjoying the beach wasn't an issue. The homeowner might come down and strike up a friendly conversation, but that was it. The most offensive thing that would happen was if an unlicensed unleashed dog came by and did his stuff. It was deeded the same way back then as it is now. What is the problem?

Personally, I have no issue accessing the beach via a public or neighborhood beach access and walking on the wet hard sand. That won't go away no matter what. I am just curious as to where the friendly mindset went.

 

[Jenksy]

What I still can't figure out is when did gulf front property owners become so possessive? and why? (Not all are, but geez.)
Used to be that you could set your chair or towel pretty much anywhere you wanted. If you were in front of someone's house, generally they didn't care. If you had 10 - 15 people down there partying and being loud, then yeah you got the law called on you and you deserved it. But one or two people in a beach chair calmly enjoying the beach wasn't an issue. The homeowner might come down and strike up a friendly conversation, but that was it. The most offensive thing that would happen was if an unlicensed unleashed dog came by and did his stuff. It was deeded the same way back then as it is now. What is the problem?

Personally, I have no issue accessing the beach via a public or neighborhood beach access and walking on the wet hard sand. That won't go away no matter what. I am just curious as to where the friendly mindset went.

Well the beaches have got crowded and tourists gotten rowdier - but the main issue is the come-lately beach owners always seem to have a lawyer or two stuck to them like barnacles on a dock piling.

 

[FactorFiction]

Just because owners/entities don't want their private property rights eroded doesn't mean that they are going to exclude people from the beach.

 

[JBBeached]

What I still can't figure out is when did gulf front property owners become so possessive? and why? (Not all are, but geez.)
Used to be that you could set your chair or towel pretty much anywhere you wanted. If you were in front of someone's house, generally they didn't care. If you had 10 - 15 people down there partying and being loud, then yeah you got the law called on you and you deserved it. But one or two people in a beach chair calmly enjoying the beach wasn't an issue. The homeowner might come down and strike up a friendly conversation, but that was it. The most offensive thing that would happen was if an unlicensed unleashed dog came by and did his stuff. It was deeded the same way back then as it is now. What is the problem?

Personally, I have no issue accessing the beach via a public or neighborhood beach access and walking on the wet hard sand. That won't go away no matter what. I am just curious as to where the friendly mindset went.

The friendly mindset went away when most of the houses became super size rentals that sleep 12-30 people. That results in a large group with a mindset of they are on vacation and anything goes. There's no respect for your property. If a toy goes up in your yard they don't hesitate to stomp up in your dunes to go get it. Instead of playing down by the water, they literally play at the vegetation line and then the frisbee, ball, whatever toy ends up caught in the wind and in your yard or on your deck. They did huge holes and don't cover them. They leave their toys, glass bottles and other trash on the beach when they leave. They are rude to your face if you try to be nice and ask them to move closer to the water or ask them to cover their holes when they leave. They come to the beach in 4 trips to haul everything but the kitchen sink and they set up camp for the day so nobody else can sit in that spot when they leave for lunch or shopping.

 

[Kaydence]

Well the beaches have got crowded and tourists gotten rowdier - but the main issue is the come-lately beach owners always seem to have a lawyer or two stuck to them like barnacles on a dock piling.

Or a county Commissioner (T. Anderson or C. Jones) attached at the hip.