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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
scooterbug44 avatar
SoWal Expert
#377
If you really mean that, even half-jokingly, you should get help.
I'm a huge fan of karma!

Nothing really bad - maybe just a "private" or "no trespassing" sign getting blown into their house!
Bobby J avatar
Beach Fanatic
#378
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:


Just having a little fun :biggrin:
Beach Fanatic
#379
Karma works every time....it does have its own timeline though...
Smiling JOe avatar
SoWal Expert
#380
I'm a huge fan of karma!

Nothing really bad - maybe just a "private" or "no trespassing" sign getting blown into their house!

Interestingly, the only Man of Wars I have seen this year, were the other day, and they were washed up on the beach in front of The Retreat. :cool:
Smiling JOe avatar
SoWal Expert
#381
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.

Who was the Judge, and did the case have an official name?
NotDeadYet avatar
Beach Fanatic
#382
Thanks JustALocal for posting your story. I remember when that happened, and I've been wondering if the judge signed the warrant this time around. :confused: There doesn't seem to be any followup from the media on the arrestee. I believe it was that incident in Dune Allen that motivated the BCC that was in place at the time to write the now-defunct preamble to the beach ordinance. There has been a sea change in county policy since then, as evidenced by the TDC's FAQ's.
NotDeadYet avatar
Beach Fanatic
#383
The Walton Sun had a story or two about it at the time. They could probably find it in their archives.
BlueMtnBeachVagrant avatar
Beach Fanatic
#384
Bobby J,

I originally posted [ame="http://www.sowal.com/bb/showpost.php?p=262177&postcount=79"]several goals (click here) [/ame]from Surfrider. I could not find a reference where Surfrider (in their "BEACH ACCESS GOALS") promoted the taking of private beach for public use.

Bobby J, I guess what I'm trying to say is that I understand your position with the current situation in Walton County. However, it seems to me that you should not be mixing Surfrider's goals with the general public's perception that ALL of the beach should be public.

We all clearly know tourism is the lifeblood of Florida. But that fact alone, in my opinion, should not give the public carte blanche to anyone's private property without reparation.

Then you said:
Good point. Looking through this thread I was trying to find where I mixed Surfrider's goal? My post is from Bobby J. Local land owner in Walton County who will come sit on any beach.



Then I said:
You're correct. You haven't mixed Surfrider's "Beach Access Goals" with this thread. But as a very vocal proponent of Surfrider, I assumed there was a connection. I guess you're telling me that there is not. I can live with that if that's truly what you mean.


The reality is that you DID MIX Surfrider's goals with this issue on the [ame="http://www.sowal.com/bb/showthread.php?t=13977"]previous thread [/ame]regarding private beaches, right?......


Jay,
This beach access issue is really getting out of hand especially in the last year. Signs are everywhere and the county better get a handle on it. Once again we will be used as an example in Florida of how not to do something (see seawall section). I ask everyone to please get involved. This is just the beginning and we all have to start speaking up and let the county know we will continue to use our beaches! See www.surfrider.org for more info about the "private beaches". Please join and get involved.

I normally let inaccuracies like this slide, but it is painfully obvious to me that you are trying to take this whole issue to a personal level which I am trying to prevent. The reality is that you did use Surfrider's goals (not totally aligned with yours) to confuse issues and to further your personal beliefs about this hot issue even though you allude not to.


If I am wrong, I am totally open to being shown where.

.
scooterbug44 avatar
SoWal Expert
#385
My impression was that surfrider was mentioned as a source for advice and activism because they were an established group and this was an issue in their general area of expertise.
BlueMtnBeachVagrant avatar
Beach Fanatic
#386
My impression was that surfrider was mentioned as a source for advice and activism because they were an established group and this was an issue in their general area of expertise.
I'm sure that's one of the reasons Bobby J mentioned Surfrider. Regarding their area of expertise, I agree. That's why I quoted their goals.

But re-read Bobby J's sentence in his last post above..."See www.surfrider.org for more info about the "private beaches"."

His main reason for mentioning Surfrider here is crystal clear.
John R avatar
needs to get out more
#387
I'm sure that's one of the reasons Bobby J mentioned Surfrider. Regarding their area of expertise, I agree. That's why I quoted their goals.

But re-read Bobby J's sentence in his last post above..."See www.surfrider.org for more info about the "private beaches"."

His main reason for mentioning Surfrider here is crystal clear.

seemingly, so are you. you're laying some serious groundwork on this issue imo.
scooterbug44 avatar
SoWal Expert
#388
This is the official statement I got from the link you posted for me:

"Surfrider Foundation's Beach Access initiative promotes the right of low-impact, free and open access to the world's waves and beaches for all people.
Beaches are one of the most popular public resources. Because individuals need access to beaches in order to enjoy them, beach access is probably the most important indicator in determining the number of people who can enjoy beaches.
In nearly every state, some portion of the beach is public land, which means that all members of the public have the right to use that portion of the beach. Because much of the land between where people can park and where they can enjoy the beach is privately owned, their ability to enjoy beaches often depends on the quality and availability of access between roads and parking lots and the beach. It is simply not equitable for only some people to have access to the ocean and beaches, which are public resources.

I don't see anything here contrary to either my personal opinions or the general views most are posting here.
BlueMtnBeachVagrant avatar
Beach Fanatic
#389
This is the official statement I got from the link you posted for me:

"Surfrider Foundation's Beach Access initiative promotes the right of low-impact, free and open access to the world's waves and beaches for all people.
Beaches are one of the most popular public resources. Because individuals need access to beaches in order to enjoy them, beach access is probably the most important indicator in determining the number of people who can enjoy beaches.
In nearly every state, some portion of the beach is public land, which means that all members of the public have the right to use that portion of the beach. Because much of the land between where people can park and where they can enjoy the beach is privately owned, their ability to enjoy beaches often depends on the quality and availability of access between roads and parking lots and the beach. It is simply not equitable for only some people to have access to the ocean and beaches, which are public resources.

I don't see anything here contrary to either my personal opinions or the general views most are posting here.

On an initial cursory read, one would assume you're correct.

But re-read their statement carefully. They are talking about ACCESS to the beach, not the beach itself. Surfrider mentions above that there are existing public beaches in which the public cannot access because there are no public walkways / access points. I believe I pointed out that "access" to the public beach in Walton County is not a problem.

Surfrider was founded by a group of surfing enthusiasts. I understand their concerns about not being able to get to the "world's waves " even where there is no public beach (i.e. they would be happy with the access to "nowhere" next to the Retreat since they could get to the water to enjoy their sport).

Perhaps you might see where I am coming from on all this.

Yes WE have a problem in Florida. To use Surfrider's name is questionable to defend one's belief that they can simply trespass on private property.
.
Beach Fanatic
#390
Did you say you were a beach front home owner :confused:
BlueMtnBeachVagrant avatar
Beach Fanatic
#391
....
So, I do believe this is a change in policy - citation vs arrest.
First :welcome: .

Let's say the judge accidentally dropped your citation in the trashcan. ;-)

And I have no idea about the answer to this: If the Sheriff's department wrote the citation as I guess they did recently to others, but the judge basically said to hell with this, would that be considered a change in policy since the citation was "written" in the first place?

EDITED: Never mind. Sometimes I need to reread things.... where you said citation vs. arrest.
Sorry, good point.

Edited

BlueMtnBeachVagrant avatar
Beach Fanatic
#392
Did you say you were a beach front home owner :confused:
Does it truly make a difference?
Beach Lover
#393
Let the Sit In's begin, I will drive down and park my big tush on the beach and let them handcuff me! Bring it Law Man!
Beach Fanatic
#394
Did you say you were a beach front home owner :confused:

:funn: :funn: What would EVER give you that impression?
scooterbug44 avatar
SoWal Expert
#395
Big difference between not wanting tourists & locals removed while decorously enjoying the beach as they have for decades and "surfrider et al" leading a berserker's charge over the dunes to invade your yard, trample your landscaping, and destroy your property rights!
Bobby J avatar
Beach Fanatic
#396
I'm sure that's one of the reasons Bobby J mentioned Surfrider. Regarding their area of expertise, I agree. That's why I quoted their goals.

But re-read Bobby J's sentence in his last post above..."See www.surfrider.org for more info about the "private beaches"."

His main reason for mentioning Surfrider here is crystal clear.

BMBV, The reason I have posted see more info about private beaches was for this:
Policies

The state constitution says ALL beaches below the “mean high-water line,” or the wet sand, are public. Court cases have found that the public has the right to the dry sand parts of beaches in two instances:


  • One is if the public has established a “prescriptive easement,” using a particular beach for the past 20 years without objection from private landowners.
  • The other is through “customary use,” which is the “ancient,” peaceful use of the beach by the public.
Florida regulations and laws that help shape public beach access policy include Section 161.053, F.S., and Chapter 62B-33, F.A.C. Specifically, the conditions within Chapter 62B-33.0051, F.A.C., prohibit the loss of lateral public access.

My studies have shown that court cases tend to lean toward Joe public as far as people getting arrested. I feel once someone gets arrested it will be thrown out and viewed as a waste of time by the judge. What a hassle for that person that was arrested. This is a big mess and I am trying to understand it on a day to day basis. If you would like to speak directly with the Surfrider contact please see links below. I am not sure what you are trying to read into my post and I do not feel there is a crystal clear agenda like you do. As far as me trying to cast an unfavorable light on you, I feel you do that quite well on your own.

Bobby J

Contact:

Ericka Davanzo
Florida Regional Manager
Surfrider Foundation
edavanzo@surfrider.org
772-225-3780
516-643-2514

www.surfrider.org

Edited

jack S avatar
Beach Lover
#398
BMBV; There is no need to beat up on Bobby over what you consider to be surfrider goals. It is simple really :
SURFRIDER recognizes the biodiversity and ecological integrity of the planet's coasts are necessary and irreplaceable. SURFRIDER is committed to preserving natural living and non-living diversity and ecological integrity of the coastal environment. 2. SURFRIDER promotes the right of low-impact, free and open access to the world's waves and beaches for all people. SURFRIDER acts to preserve this right of access.
3. SURFRIDER is dedicated to enhancing wave-riding opportunities in ways which will not adversely impact nearshore ecosystems.

Surfrider is an international organization, BUT with local chapters that deal with local issues. The continued free use of our coastal beaches IS our issue!
waterfront owners and sherriffs office are becoming arbitrary and caprious and unreasonable in manner since there is no ACTUAL public health, safety or welfare issues.

The sheriff has no law degree and our county should be guided by existing attorney guidelines, not what we have today!
Banned
#399
The Walton County Library off of 331 has a pamphlet with hurricane/emergency info.

scooterbug!! i like you ALOT! so please don't take this personally... but um...are you serious?? our number 1 economic engine in this area is tourism and we're asking THEM to go find the library in a weather emergency to get relevant information????

that's not cool. and it is yet ANOTHER symptom in this region of...well, we want the money BUT we aren't willing to provide the service/make the accomodations/understand the value of our resources (ie. environment)/apply infrastructure, etc. the attitude is an entitled one of a spoiled child instead of a responsible adult.

as for the sit in..i am TOTALLY there.

Edited

scooterbug44 avatar
SoWal Expert
#400
scooterbug!! i like you ALOT! so please don't take this personally... but um...are you serious?? our number 1 economic engine in this area is tourism and we're asking THEM to go find the library in a weather emergency to get relevant information????

that's not cool. and it is yet ANOTHER symptom in this region of...well, we want the money BUT we aren't willing to provide the service/make the accomodations/understand the value of our resources (ie. environment)/apply infrastructure, etc. the attitude is an entitled one of a spoiled child instead of a responsible adult.

as for the sit in..i am TOTALLY there.

I mentioned the library as one of the places I KNEW you could find the information (along w/ free blue bags so you can recycle), it's available elsewhere. No idea why it is so difficult for tourists to get information, unless it is there and they just don't see it.
Beachlover2 avatar
Beach Fanatic
#401
Sort of like the rules and flags posted by the beach access or the rules by the condo pool - they are on vacation they don't want to think about rules. I have been told this numerous times by renters.

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