Led away in Handcuffs

[BeachSiO2]

So here's a question. Flag Post #16 is located at the entrance beside the Inn at Blue Mtn. I am fairly certain that the Flag at that location is maintained by the SWFD. I've read on here that the particular access is for only the guests and owners of people who are members of good standing with the Blue Mtn Beach Club. If that is so, why is the County (SWFD) maintaining the flag? To my knowledge, they don't manage any other flag poles/flags on private property in Walton County. Do you know different?

Actually the Walton County Beach Safety Committee worked to establish flag poles at many private locations throughout all beach areas except state parks. This required easements to install and maintain flag poles from private property owners. The reason being that they wanted a flag visible from anywhere on the beach to aid in beach safety. Although there are over 50 county beach accesses, there were still gaps. Other examples are Gulf Trace, Seaside, Sandcliffs, Rosemary Beach and a few in western Walton County.

 

[scooterbug44]

I've decided the whole problem is people feeling a need to claim their territory and then not share it. This applies to property owners as well as folks who set up a tent and claim their patch of beach for many more hours than they are using the space.

I can understand wanting some shade, beverages, toys, and munchies at the beach, but if you have to set up a "base camp" many refugees would gladly call home just to enjoy the beach, maybe you should be enjoying your condo or home instead.

Remember the lesson we were supposed to learn in kindergarten and SHARE! If you aren't using the beach or that patch of sand, let someone else. As long as people are considerate and behave themselves there shouldn't be a problem.

We all agree obnoxious folks should be booted, and removing abusive drunks or fining litterbugs is a far better use of the county's limited law enforcement resources than making sure kids are building their sandcastles in the correct place.

 

[Smiling JOe]

Yep. Public or private the beach itself is also a finite resource.


The people that were arrested...they also debated this issue with the deputies but lost out.

I disagree about "losing out," but see why one might think that. The arresting officer is not the judge and jury. Ever hear of "innocent until proven guilty?" That is the way the law is supposed to work in the USA, and when the Sheriff's Deputy becomes the Judge, you better gather your weapons and make a stand, or become the Sheriff. The Sheriff's Dept isn't the office which will decide whether or not the law was violated, and in this case, that holds true. They are just doing what they believe to be their duty, even though there is some question whether or not they had the authority, based on previous Court rulings.

Let me again repeat, for those who just tuned in -- There are many questions being raised, and there seems to be good cause for arguments on both sides of the coin, but it will take a Court's ruling to determine which side will prevail.

 

[Bobby J]

I disagree about "losing out," but see why one might think that. The arresting officer is not the judge and jury. Ever hear of "innocent until proven guilty?" That is the way the law is supposed to work in the USA, and when the Sheriff's Deputy becomes the Judge, you better gather your weapons and make a stand, or become the Sheriff. The Sheriff's Dept isn't the office which will decide whether or not the law was violated, and in this case, that holds true. They are just doing what they believe to be their duty, even though there is some question whether or not they had the authority, based on previous Court rulings.

Let me again repeat, for those who just tuned in -- There are many questions being raised, and there seems to be good cause for arguments on both sides of the coin, but it will take a Court's ruling to determine which side will prevail.

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

 

[Smiling JOe]

This required easements to install and maintain flag poles from private property owners.

BeachSiO2,
I'm not sure that I follow correctly. I was informed that the flags on private property are maintained by the private property owners. Is that incorrect?



(and please don't think that I'm against public safety and public trash collection. I use these examples only to show bits of the reasons why I think the public has the right to use the beaches.)

 

[scooterbug44]

Per Meadows, the Supreme Court should decide in 60-90 days............so an effective short term solution/common ground needs to be found before that 78% tourist return rate plummets.

A satisfied customer will tell 30 people, a dissatisfied one will continue until they eventually reach 300! Can't think of many things that would mess up a vacation more than being arrested or having little kids run off the beach!

 

[BeachSiO2]

BeachSiO2,
I'm not sure that I follow correctly. I was informed that the flags on private property are maintained by the private property owners. Is that incorrect?



(and please don't think that I'm against public safety and public trash collection. I use these examples only to show bits of the reasons why I think the public has the right to use the beaches.)

It is my understanding that there are two types of flagpoles out there, some changed by SWFD and maintained by the County (public), and some changed by private individuals. The public set that is changed by SWFD are on both private and public property. The easiest way to tell is if they have the number on them like the one at the Beach Club, then they are changed by SWFD.

 

[Smiling JOe]

thanks for the clarification.

 

[iambdubya]

new property owner here (not on the beach) -- been reading this thread for the past few days. My property documents state that we have deeded beach access --and indeed there we have a walkover to the beach for our use not far from a county maintained walkover.

I'm curious about my right to use the beach (dry or wet). Any guidance? If it helps -- we live in the Seabreeze community.

Thanks

 

[scooterbug44]

Typically if you have documents stating you have deeded access to the beach, the beachfront owners are part of your subdivision/developement and are likewise bound by similar legal documents & covenants. Couldn't hurt to double check though. If you do not a copy of the covenants or restrictions (should have been provided as part of due diligence), you can check on the Walton County Clerk of Courts website.

http://clerkofcourts.co.walton.fl.us/

Go to the menu at the left edge and choose "public records" and then "official records".

Many neighborhoods have beach accesses and even supposedly deeded beach access, but the "rights" you have can be unclear and will all depend on how the law is interpreted or how your neighborhood is set up. It's a big can of worms.