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Led away in Handcuffs

rocket136 avatar
Beach Comber
168,029 views
This morning as my wife and I were returing form a shoreline walk we saw county officials asking a couple of men to move their "set up" from infront of The Retreat at Blue Mountain Beach. About an hour later my wife saw him being led from the beach in handcuffs for tresspassing. One of the men was taking pictures... maybe we'll see them post them here.

I know from reading previous posts that this is a hot button issue but it seems that some want to enforce the "letter of the law". I saw where they were placed and it was close to the water line very near the boundry of the Inn at Blue Mountain. They seemed to minding their own business. As the sherriff left I happened to walk by them and heard "I think it was the right call... where the wet sand meets the dry".

I'm confused, the beachgoers were were set up outside of the posted signs. If the owners really want to keep people out can they fence in their beach? (not that I'd want to see that)

In the many years of coming to SoWal I've always been impressed with the civility of residents and tourists -- although I have heard some horror stories. We abolutely love it here and treat it as though we already live here. But I was very surprised that it seems the owners are calling the country for what seems such a small infraction -- seems like a waste.

This was the second day in a row that I saw county officials inforcing the private beach rule.

Is the pendulum swinging?

Replies

962
Beach Fanatic
#352
Why does the TDC have the right to drive on private property, no matter who or what funds them?
Smiling JOe avatar
SoWal Expert
#353

Old Florida Beach (adjacent and west of The Retreat) on a busy summer day




The Retreat, on a busy summer day.
(No signs regarding tresspassing posted, except at the entrances to the walkovers, and no security guard on duty)



these people had just been told to move off the beach (dry) at the Inn at Blue Mtn Beach by the shirtless guy wearing green shorts & visor.
BlueMtnBeachVagrant avatar
Beach Fanatic
#354
Another issue in SOWAL....? I can see it it now, a beach access disclosure we wil have to have clients fill out.

[and before]......

Good Points SJ. Could be where this thread should end. Let the courts decide!


Degummit Bobby J, how is this thread going to end when you keep posting???:D

Seriously, about your comment, "Let the courts decide!". I sort of asked you earlier if you were coordinating a legal assault. How is the court going to decide unless a suit is brought against an "offending" property owner?
scooterbug44 avatar
SoWal Expert
#355
Wow, look at all those poor people at the Retreat who can't find a spot because Joe Q. Public is there!

Oh, wait...............that's just 2 empty chairs on a vacant beach!

It's mine, so you can't use it....................even though I'm not using it! :angry:
Smiling JOe avatar
SoWal Expert
#356
Wow, look at all those poor people at the Retreat who can't find a spot because Joe Q. Public is there!

Oh, wait...............that's just 2 empty chairs on a vacant beach!

It's mine, so you can't use it....................even though I'm not using it! :angry:

To be completely fair to the peeps in The Retreat, later that day, I did see one lonely (cute) girl sitting all alone in the wet sand, with waves washing up on her.






The Retreat - from the far western end looking east (on a busy summer day) Still no security guard in sight.

Edited

Miss Kitty avatar
Meow
#357
To be completely fair to the peeps in The Retreat, later that day, I did see one lonely (cute) girl sitting all alone in the wet sand, with waves washing up on her. She could have been very content, but I saw the look of lonliness on her face.


She was pining for the riff raff to come play with her.
BlueMtnBeachVagrant avatar
Beach Fanatic
#358
these people had just been told to move off the beach (dry) at the Inn at Blue Mtn Beach by the shirtless guy wearing green shorts & visor.
Undercover beach patrol? I was expecting a big old' dude with a badge and all. I guess you never know who's watching you.

SJ, one thing I agree with big time (assuming you do) is that the Retreat should post signs saying no trespassing if there truly are no signs. This would, at minimum, spare a lot of people a lot of embarassment (or worse)....unless you're there to make a statement!;-)
BlueMtnBeachVagrant avatar
Beach Fanatic
#359
To be completely fair to the peeps in The Retreat, later that day, I did see one lonely (cute) girl sitting all alone in the wet sand, with waves washing up on her. She could have been very content, but I saw the look of lonliness on her face.
:rolling:
SJ, it's definitely your turn to be funny today! Good one!
Smiling JOe avatar
SoWal Expert
#360
SJ, one thing I agree with big time (assuming you do) is that the Retreat should post signs saying no trespassing if there truly are no signs. This would, at minimum, spare a lot of people a lot of embarassment (or worse)....unless you're there to make a statement!;-)

Please don't assume that. I only point out the observation that by the placement of the private property signs only on the dunes and at the entrances to the walkovers, they don't seem to be marking the beach as their own private property.

The last thing I want to see is private property signs on the beach.
BlueMtnBeachVagrant avatar
Beach Fanatic
#361
Please don't assume that. I only point out the observation that by the placement of the private property signs only on the dunes and at the entrances to the walkovers, they don't seem to be marking the beach as their own private property.

The last thing I want to see is private property signs on the beach.

And the LAST thing I want to see is an unsuspecting tourist hauled off to jail because they were unaware of the Retreat's position because there were no signs.
BlueMtnBeachVagrant avatar
Beach Fanatic
#362
EXECUTIVE SUMMARY:

There are private beaches in Walton County and Florida.
Tona-Rama "sort of" opens the door.
The public must sue/prove on a "case by case" basis based on Tona-Rama and perhaps other decisions.
The public cannot decide this case on their own or "take the law into their own hands".
The Sheriff is sworn to uphold the law.
Many other states also enforce private beach policy.

Possible solutions:
Buy out beach front property and or easement rights.
Bring suit against each and every property owner where the public claims the beach should not be private.
Beach renourishment.
Convince private property owners that socialism works.
:roll:

Any other input?
Smiling JOe avatar
SoWal Expert
#363
Have a HUGE sit in on the beach, with so many people that the Sheriff has to call in the National Guard to help with the arrests of peaceful beach goers.
1st in 59 avatar
Beach Comber
#364
I'm hoping for some great hurricane karmic retribution for the "mine, mine, mine, don't touch" beach owners!

If you really mean that, even half-jokingly, you should get help.
JB avatar
Beach Fanatic
#365
Have a HUGE sit in on the beach, with so many people that the Sheriff has to call in the National Guard to help with the arrests of peaceful beach goers.

Tell you what, SJ - if you organize it and get at least 200 folks to commit, I'll drive the 250 miles and join you.
Beach Fanatic
#366
Have a HUGE sit in on the beach, with so many people that the Sheriff has to call in the National Guard to help with the arrests of peaceful beach goers.

I'm in.
Beach Fanatic
#367
and the Sheriff can't call the national guard because they are in Iraq fighting Bush's war...
Bobby J avatar
Beach Fanatic
#368
Degummit Bobby J, how is this thread going to end when you keep posting???:D

Seriously, about your comment, "Let the courts decide!". I sort of asked you earlier if you were coordinating a legal assault. How is the court going to decide unless a suit is brought against an "offending" property owner?

It looks like allot of balls are in motion. Am I coordinating a legal assault? Only time will tell. Now answer my question. How come you always bring up my RE business?
Bobby J avatar
Beach Fanatic
#369
BTW,
Did you get the info you needed with Surfrider's tax number?

Edited

Smiling JOe avatar
SoWal Expert
#370
BTW,
Did you get the info you needed with Surfriders tax number?
:floor:
BlueMtnBeachVagrant avatar
Beach Fanatic
#371
It looks like allot of balls are in motion. Am I coordinating a legal assault? Only time will tell. Now answer my question. How come you always bring up my RE business?
Always? In this case I was just concerned for you and SJ as another real estate agent mentioned that one could possibly lose their license if they were arrested. You make your profession no secret on this message board. Just trying to help out.

Regarding balls in motion..great visual.
Bobby J avatar
Beach Fanatic
#372
Always? In this case I was just concerned for you and SJ as another real estate agent mentioned that one could possibly lose their license if they were arrested. You make your profession no secret on this message board. Just trying to help out.

Regarding balls in motion..great visual.

Thanks. I believe you have to be convicted. I have always tried to keep my profession a secret. :cool: I am not sure what you are talking about.... I have done my best to also keep my identity under cover!

BlueMtnBeachVagrant avatar
Beach Fanatic
#373
BTW,
Did you get the info you needed with Surfrider's tax number?
FWIW, Bobby J, you have got me confused with the wrong person regarding the above. If you are going to bring up old crap to intentionally cast an unfavorable light on me, at least TRY and do it accurately. Thanks in advance.

BTW, I don't give a danm about Surfrider's tax number just in case you can't figure it out.
Bobby J avatar
Beach Fanatic
#374
I thought you and that walker guy were the same person. Sorry my mistake. As you can tell by my picture it has been a rough day! :biggrin:
Smiling JOe avatar
SoWal Expert
#375
bobby, it is no wonder why I never found you on that site. I couldn't recognize you with your face pressed against the glass like that. :lol:
JustaLocal avatar
Beach Fanatic
#376
Today's Walton Sun (http://waltonsun.com):

Recent arrest sparks private beach issue
July 11, 2007
Sean Boone
Sean_Boone@link.freedom.com

It has been more than 30 years since the 1974 City of Daytona Beach v. Tona-Rama, Inc. case, which made public access on dry-sanded beaches permissible, yet the issue of privatization continues to be debated in the state of Florida do to legal disputes and changes in county policies.
Although all beaches were declared permissible for use in the state in the Tona-Rama case, loitering and using private-deemed beach property for recreational use (tents, towels etc.) was not.
In South Walton, several beach resorts and developments have recently hired security officers to patrol the private section of the beach front property.
But what exactly is considered private beach front property?
According to the Tourist Development Council, areas west of Four Mile Village is deemed public 35-40 feet from the water due to the recent county beach nourishment project that has widened the beach; areas along 30-A that are private allow no dry sand access for public use.
?The Walton County Sherriff?s Office has been willing to enforce the wet sand line,? said a Blue Mountain Inn Beach Resort official. ?The majority of this area is private property. People bought it so they could enjoy it.?
Services, such as Silver Shores security (which Blue Mountain Inn and the Retreat use), have been hired to respond to complaints from residents who feel that their property is being intruded upon. If a problem persists, deputies are then notified.
The arrest that occurred in front of the Retreat beach community on July 5 has created a number of concerns for residents and visitors in regards to what and where is deemed legal to use the beach in the Blue Mountain Beach area.
Eduardo Gonzalez, 47, of Atlanta, Ga., was sitting in a chair on dry sand on Retreat property when he was asked by a security guard to move to the wet sand area of the beach, or leave. When Gonzalez refused, Walton Sherriff?s deputies were called and arrested him for trespassing. Gonzalez refused to comment on the incident.
?Until we get further guidance, we are going to enforce trespassing,? said Lt. Bryan A. Maule, Jr., of the Walton County Sheriff's Office
Although a change in beach policy has been denied by law enforcement, some long-term visitors and residents disagree.
?We?ve all been coming down here for 40 years, said Rick Hallman. ?Now they?ve started this whole territorial thing. We?ve got nowhere to go. If you?re going to start arresting tourists and hauling them off in front of family and kids, what kind of message are you sending to your tourists that you thrive on??
Hallman and his wife both witnessed the arrest last week in front of the Retreat and were also asked by security to move from the spot that they were sitting.
?We came down here to setup and of course the security guard came down and we had to move where the sand is wet. How can you have fluctuating property rights? Are they going to start arresting children??
Because of the recent attention that this issue has been given, the TDC released a frequently asked question list this past week to answer private/public beach questions that have been addressed by the public.
One question that was not listed and has been frequently discussed on the SoWal.com message board is the funding of the TDC in relation to public beach benefits (trash cans, lifeguards etc.).
?We are not part of the county,? said TDC Executive Director Kris Titus. ?We are fully funded by bed taxes. The TDC has the ability to drive on private beach; the health, safety, and welfare of the public is to have a clean beach.?
But even with the recent attention to the matter, the question still lingers as to how the general public will be informed on what is private beach access and what are the implications for trespassing.
?I think some of the county commissioners need to clarify where the public can use this beach,? said resident Debbie Barnhill. ?If it?s the case that we as taxpayers aren?t allowed to sit this close to water, than we need to put our properties up for sale and move on to an area that is more community minded.?
Calls to Retreat Homeowners Association spokesman Frank Flautt were not returned.



Regarding the above, I am new to this site, but wanted to share:

One weekend, about 4 years ago my fellow and I sat on the beach behind a house just west of the Dune Allen Public Beach Access. This owner too was telling people to get off his "private beach". We had words, didn't leave and he called the Sheriffs office. The officer came down and asked us to leave. We told him that it was public beach and we weren't trespassing. We were at the debris line. Maybe 15 feet upland of the water. He measured our distance from the home and water and I don't know what else. Then he wrote us citations. We didn't leave. He said that on Monday it would go before a judge. If the judge signed, we would be arrested. He did not and we weren't.

So, I do believe this is a change in policy - citation vs arrest.

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