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A group of Florida property owners have filed a coronavirus closure lawsuit against Walton County officials over claims that they don’t have the authority to close private beaches.
This lawsuit was filed after all beaches in Walton County were closed as a preventative measure to help slow the spread of COVID-19.
According to the beach owners, prohibiting them from accessing their property violates both county law and the U.S. Constitution.
The owners say that county officials are essentially prohibiting the plaintiffs from going out into their own backyards by patrolling their private beaches and threatening them with fines, jail time and arrest.
The plaintiffs say on April 1, 2020, the Florida governor issued a “stay at home” order to prevent the spread of COVID-19, barring all activities other than essential ones.
The Florida property owners claims that the stay at home order did allow people to continue participating in recreational activities, as long as they were able to do so while complying with social distancing guidelines. Allegedly, the Florida governor’s orders permitted activities such as “walking, biking, hiking, fishing, hunting, running, or swimming.”
Are you prevented from using outdoor property you own because of the COVID-19 stay at home order? Get legal help by clicking here.
The beach owners then explain that the order from April 1 was amended a day later, stating that this caused all beaches to close within Walton County. Whereas the previous order had stated that beaches are closed to the public, the second version allegedly removed the “to the public” language clause.
Additionally, the amendment made it unlawful for “any person to enter upon or remain on” the beaches within Walton County, although the previous version stated that its was unlawful for “members of the of public to access” the beaches in Walton County.
Allegedly, violation of this rule would constitute a criminal offense, and would be punishable by law. The Florida beach lawsuit says that to enforce the new restrictions, the County, the County Sheriff, South Walton Fire District, and the Walton County Code Enforcement have been patrolling and occupying the private beaches in the county.
The beach owners say that these officials continually enter and occupy the private beaches, and threaten the owners and their family members and friends with arrests, fines of up to $500, jail of up to 60 days, and even physical removal from their property.
According to the owners, this activity prevents them from enjoying their private property or even setting “foot in their own backyards.”
The Florida beach restriction lawsuit asserts that the county’s practice of closing private beaches along with public ones represents a violation of the Fifth Amendment to the U.S. Constitution.
The public beach lawsuit says that the Fifth Amendment prohibits “private property [from] be[ing] taken for public use, without just compensation.”
Allegedly, closing the private beaches to prevent the spread of COVID-19 effectively appropriates private property for public use, and the county has not provided any compensation for the practice.
The beach owners also say that they have constitutionally protected rights to use the waters in the Gulf of Mexico, but by closing the Gulf of Mexico to both the public and beach owners, the county has violated this right.
Not only does the county’s practice of closing and patrolling private beaches violate the U.S. Constitution, but it allegedly also violates guidelines set forth by Walton County itself. Before the beaches were closed, the county reportedly admitted that it had no authority to close private beaches.
According to the beach owners, on March 19, 2020, an emergency meeting was held where the County Attorney said that the Board of County Commissioners did not have the authority to close private beaches.
The County Attorney reportedly said “We don’t have the authority to keep beachfront property owners from using their private property…I’m trying to be upfront with everyone about that because I don’t want there to be confusion, because it will seem unfair to a lot of people, and I understand that.”
Now, the owners are requesting that the court declare the amended ordinance that barred beach owners from using private property be declared unconstitutional, and prevent the county from enforcing it. The owners also seek compensation for the temporary taking of their private property, and seek compensation for the attorneys’ fees and costs that they incurred in bringing the Florida private beach lawsuit forward.
The Walton County beach owners are represented by D. Kent Safriet, Joseph A. Brown, Edward M. Wenger, and Kristen C. Diot of Hopping Green & Sams PA.
The Florida Walton County Private Beach Closures Lawsuit is John T. and Esther N. Dodero, et al. v. Walton County, a Political Subdivision of the State of Florida, et al., Case No. 3:20-cv-05358-RV-HTC, in the U.S. District Court for the Northern District of Florida, Pensacola Division.
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One thought on Florida Lawsuit Alleges Private Beach Owners Barred From Using Property
Gulf County Florida has done the same thing abusing their emergency powers to seize the beach.