Last Updated: 1:54 p.m.
Orders to stay off the beaches in Flagler Beach and Flagler County went in effect at dawn Monday morning as part of the coronavirus emergency. Since then, compliance in Flagler Beach has been near-total, but violators have been more frequent toward the north end of the county, where beach-side private property owners think, inaccurately, that the order doesn’t apply to them.
Pictures taken from the air by Flagler County Fire Flight, the county’s emergency helicopter, Wednesday afternoon show small, isolated, well-distanced clusters or individual beach-goers at the north end of the county, the sands also showing plenty of foot-tracks. One of the pictures shows an individual wading in shallow surf, others lounging on the sands.
“I’m being yelled at for closing them, I’m being yelled at for not closing them. I can’t win,” Flagler County Emergency Management Chief Jonathan Lord said this morning. “We really want people to follow the order as intended, but in general the FireFlight flight showed that in general the populace is adhering to our order. But you can see some exception.”
FireFlight went over the beaches between 4 and 5 p.m. Wednesday. The county’s emergency helicopter has been going up every day on recon missions because the county is increasingly concerned about the persistently dry conditions and the rising drought index, now approaching 400 on the 800-KBI scale. The higher the number, the dryer the grounds–and the more likely that wildfires will flare. “We are very concerned with the continuing drying of our entire county,” Lord said. The county is not eager to have to contend with that additional burden. Fire Flight is the surest way to ensure that isolated fires are caught early and put out, thus avoiding larger-scale emergencies. Along the way, it’s been flying over beaches to give county officials a more evidence-based glimpse of the effectiveness of no-go orders.
There are no such things as private beaches in Flagler County, whether in front of private homes, vacation rental properties, hotels or big resorts. The sands above the mean high watermark are the property of the owner at that spot. But the county has long applied the principle of customary public use of that private property, and last year formalized that customary use in an ordinance. The March 22 order closing the beaches encompasses all the “dry sand beach” in the county.
“Yes, some individuals and associations own the beach real estate landward of the mean high water line, but that does not make the beach private so as to limit our emergency powers,” Hadeed said in an email on Tuesday. “It is true that the public cannot traverse across privately owned dunes to reach the beach (regardless of whether there is an emergency or not). Such owners, however, are still subject to the emergency power of the government during times of declared emergency, just as with the public that desires to exercise their customary use rights to the beach.”
Still, what violations of the order have taken place have been few. Sheriff’s deputies are addressing them through education first.
“Now we do have the right to technically arrest, which is a second-degree misdemeanor,” Staly said. “What I’ve indicated to my deputies is there’s a lot of anxiety in the community, and we want to educate. But if we have repeat offenders or people give you a hard time, we do have the authority to issue a notice to appear, which is the same thing as an arrest. So far we have not had to issue any. What would be nice is if everyone would comply with those requests so we can get back to normal sooner.”
Staly said the agency had received “a number of complaints” regarding Hammock Beach Resort. “My understanding is the Department of Health was on site and gave them some advice,” he said. The resort was the focus of controversy this week over the resort’s level of activity, with employees and Hammock Beach residents reporting copious gatherings that did not respect social distancing and the use of resort pools.
The aerial pictures, taken Wednesday–presumably after contact at Hammock Beach by the health department–include several taken above the resort. The pictures show no human activity, with the sands in front of the resort entirely deserted. Resort pools and pool decks are deserted. One of the resort’s main parking lots was deserted. The golf courses were empty, having been shut down by the general manager’s orders earlier this week after a club member tested positive for Covid-19. “It looked like a ghost town,” Lord said. “I feel bad for their business, because nothing says in the order that no one can use their resort property.”
After its city commission had resisted any attempt to close the beach last week, Flagler Beach took the lead on Sunday in closing its beach on the recommendation of Bob Snyder, the county’s health department chief. The county had also been reluctant to close its 12 miles of beach, but followed suit.
Three days later, Doughney was jubilant about the level of compliance with the order. “I’m standing and clapping,” he said this morning. “I couldn’t be prouder of our community for the way they have followed those directions and the request of keeping off the beach. They have done an absolutely stellar job.”
A sheriff’s deputy is assisting the city every day on an ATV, from 10 a.m. to 6 p.m., “and each and every day the deputy has been assigned to that has done an amazing job as well,” Doughney said. “We haven’t had any defiance.” Some people have had to be approached on the beach, he said–people who don’t necessarily follow social media or would somehow not have heard the news. But when approached, “compliance has been gained and that was the goal all along. We have not made one arrest, we have not issued one notice to appear.”
The police chief was just as proud of the city’s ardent, intuitively rebellious surfing community. “They have been absolutely fantastic,” Doughney said. “I would be remiss if I didn’t thank them specifically because I know they want to be on the beach. The other day the waves were great, and there was nobody in the water.”
Beach closures have been left to local governments in Florida, with many counties and cities doing so, and many resisting. Tuesday, the Daytona Beach City Commission and its mayor urged county government there to close Volusia County’s beaches.
Overall policing in the county has continued apace, with arrests and calls for service continuing as in normal times, Staly said. The county jail remains Covid-19-free. Two deputies who traveled to New York and Mexico are in 14-day self-isolation. Otherwise, the ranks are at full capacity.
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Richard Duncan says
Looks like much more that 6 feet of social distancing in the photo. What’s the big deal?
If they would have enforced this restriction during the Spring Break horde of irresponsible college students rather than now, there would not be an issue. Let responsible people that follow social distancing enjoy their beaches!
Keep Flagler Beautiful says
What’s the big deal? Read a newspaper or watch the TV news. You might learn what “the big deal” is. Closed means closed, it does not mean 6 feet apart.
anonymous says
The other big deal is that they literally think they own the beach. That is gall. The “wealthy” people in this country are proving that they don’t believe in spending money on education! They sure aren’t rich with common sense!
JP Gotrocks says
What about Hamock dunes golf course?
Layla says
Follow the rules, please, so that we can end this nightmare. And those rules apply to us all. Let’s all be a part of the solution rather than the problem.
New Smyrna is closing all boat ramps today. That order is not to make all suffer but to stop the tourist activity. If we cannot do that, (are you listening Daytona beaches) this will only get worse.
If you want your local economy to resume and get everybody back to work, you have to make the same sacrifices others are being asked to make.
Paul Harrington says
We are wasting valuable assets policing the beach with a deputy and helicopter. Limiting access would cut down on the crowds and parties that are the concern. Walkers and surfers pose nothing near the problem that I95 and airports continuing to bring more people who maybe cartiers.
It’s not coming in on the beach. Focus on the source not the destination.
mark101 says
Well tell that to the spring breakers down south that were in groups on the beach with those from others states and took it back to Gainesville. You can get this anywhere if someone you have contact with is caring the virus. It just takes one infected person to make your life very uncomfortable. Why take a chance.
FB Resident says
We would not need to use resources if people complied with an order. Unfortunately ,the selfish ones feel entitled. I live in Flagler Beach and have heard no complaining by residents.
Chuck Bird says
My observations over the last couple weeks was that out of town visitors including those from nearby counties and other places around the state as well as out of state visitors were a bulk of the people on the beach. It seemed most were making a decent effort to comply but there were still a few large groups. As the surrounding beaches closed, more people came here. The spring break seemed about 50/50 of young adults and young families, many ignoring the CDC guidelines. I actually saw a fair amount of non compliance just going about my daily business all through last week. I saw the essential closing of all of the businesses in Flagler Beach somewhat of an over-reaction. Most restaurants are NOT open for take out food. A few are. My neighbor and I went looking for take out yesterday evening. So essentially, Flagler Beach has pretty much enacted a “shelter in place” order without calling it what it is.
If it is possible, and feasible, I would encourage our city to consider continuing with the same physical distancing protocol in place as it was, but with residents only, maybe this would make compliance possible, adding a caveat being the threat of closing everything down again if our residents can’t follow simple rules. It is choking the lifeblood out of every business in town. If this isn’t feasible then how about at least open the beach access to residents and visitors that can prove they are staying in town? I can’t see that being illegal, although this is Florida so……
marv says
wake up people this is an economic bomb that is working great all around the world it was planned the world as u knew it has changed forever albeit good or bad psalm 91 GOD IS ANYONES ONLY HOPE NOT MONEY
Concerned Citizen says
Closed means closed. It doesn’t mean hey the rules don’t apply to me so I’m going anyway.
Eventually when conditions worsen because we ignored voluntary measures a lot more things will be come mandatory. Like 14 day shelter in place, curfews, travel restrictions etc. You say it can’t happen here but it can and it will. Look at other states.
I see solidarity behind this but I also see a lot of out right disrespect and selfishness. You can’t have both and slow this thing down. The measures taken elsewhere are proven effective and are short term for the most part. And it beats the alternative. I for one don’t want to end up in ICU and dying becuase you were sick and didn’t want to stay home.
For all those willfully disobeying stop being an ass and start being a part of the solution. Let’s start slowing this thing down and start the recovery process.
Paul Harrington says
The mandager at Publix said the flow has gone from 24,000 customers a week to 34,000 and that increase is in a shorten time frame pushing people closer and closer. The closures and shorten hours will have an affect. We are begging for problems.
FB Resident. says
Not begging for problems, trying to avoid them. Pretty simple.
Martini Millionaire says
Plebs better mind their own business, society values us more than you, now get back to work!
al says
Flagler beaches were not closed till spring break was over…golf courses are still open..I sense a theme here
Willy Boy says
Cruised A1A Wed. Didn’t get out, windows closed. One car parked outside blocked fencing at Salt Lick – deputy confronted 2 males. One Mercedes at Jungle Hut – Michigan tag. Lots of surfers on south side of Matansas. No congregating on beach. North side of bridge parking in St. Johns County closed, but many parked along side of road. Many people on river beaches, but separated. Half-dozen on bridge fishing. Publix parking full. 50/50 mix of out of state tags.
Many news shots of spraying in other countries. USA not so much.
MRC says
What is wrong with you people??? You all think you are 10 foot tall and bullet proof. Have you not seen the film footage coming out of Italy and China? They are digging mass graves and piles of bodies are everywhere! AND I happen to be an immune compromised person who is very angry and upset by you fools who think this type of flagrant idiotic behavior is ok. YOU are the ones who will carry the virus and infect the most vulnerable people in our community. Don’t blame it on outsiders. It is well into the general population now and many are walking around carrying the virus but haven’t felt the effects yet. Can you get any more stupid? And YES I am isolated in my home and don’t dare even see family members. I have people like you to thank! Wake up people!!!!!
Basil Rathbone says
Has anybody tried looking up what the leading cause of death is in the world? It’s not number one but it is number two. Has anybody looked up where the worlds most polluted cities are? And where the largest population of smokers are?
Bob Z. says
Are you kidding me?! They are flying over the beaches and taking pictures of a few people walking on the beach?! Please adjust your priorities Flagler County and maybe you can learn from your neighbor to the north, St. Johns County, who left the beaches open but closed the parking lots. People are told to get out and exercise so what is the difference between me walking on A1A or the beach? I pay a lot of taxes to live on the beach, deal with hurricanes, etc. and I see no harm in taking a walk by myself or with my wife on the beach.
Jorge Guarino says
Dear Bob Z – I commend you Sir for stating what should be obvious to most. Once again, the inept leadership at Flagler County wasting out tax dollars with choppers no less, to patrol the beaches and make us feel as though we live in a totalitarian regime. I wholly agree – close the parking lots but, allow citizens to take a stroll on the beach. What is the problem?
We need some common sense leadership, instead of this adversarial, over-zealous, over-reaching bunch
Rob says
Great use of tax dollars. An area at the north end of the county where most people just fish, walk their dogs or go for a run. Much better to close the beach, patrol it by air and force the people who want to run or walk their dog on to a sidewalk where they can’t possibly stay 6 feet from approaching walkers/runners. Why don’t we just put snipers on the helicopter? Problem solved, can’t get killed by the virus if you are shot with ammo tax dollars paid for.
Deb says
All they have to do is tell everyone that is on vacation here from out of state to leave and don’t come back till its all over. Simple. Out of state vacationers don’t listen and pack out stores. I counted 4 New York cars and one New Jersey car at Public in the Hammock. Time for them to go home.
Bob Ziolkowski says
I heard that Brevard decided to NOT close their beaches after all so we are alone here in Flagler since the beaches are OPEN in St. Johns, Volusia, and Brevard, but not Flagler. I think they should revisit it and if Flagler Beach wants to close their section, which is still silly, let them but do not penalize the rest of us. PLEASE RECONSIDER!!!!!
Bill says
With the Beaches OFF limits how about starting that Re-nourishment on them now.
Don Davis says
Comment on Flagler Beach Closing
On Monday, the day Flagler Beach was closed, my wife, Marian and I walked on the paved path on the West side of Oceanshore Boulevard as an alternative. From there we could at least see and smell the ocean. When joggers and other walkers chugged passed us going the other way they were way too close. The irony is that we would have been much safer if we had been walking on the beach, as I usually prefer to do. Where we live in south Flagler Beach I often don’t even see another person when I am walking on the beach and when I do it is usually off in the distance. It is never crowded.
I understand the seriousness of this corona virus and the need to do everything possible to prevent it’s spread but our Flagler Beach ‘all or nothing’ approach to the beach closing is a regrettable loss for responsible residents. Of course, clumps of people need to be avoided, exposure, and close contact must be avoided but walking the beach and getting in the ocean is a way of maintaining health to many of us.
Our city and county officials could, and should follow the more rational direction of our neighboring counties to the north and south of us and follow the CDC guidelines. Yes, keep the beach parking roped off, close the city parking lots, post the rules at each walkover, and patrol the beach with drones (less stress on our overextended police force) in case some groups need to be dispersed.
Let’s allow responsible beach access for healthy activities such as walking, surfing, or just splashing in the ocean while avoiding clumps of people. It is possible and could even save some lives.
Bob Ziolkowski says
I emailed the County Commisioners and the EOC Manger, Emergency Management Director/EOC, and I encourage everyone to do the same that is in favor of opening the beach. Here are their contact info:
[email protected]
Here are the Commisioners: http://flaglercounty.org/government/test.php
Don Davia says
Very good. Let them hear from us!
William Daly says
After reading all of the above. Opening the beaches in Flagler Beach makes a heck of a lot of sense rather than just walking on A1A. Please reconsider your actions!
Bob Ziolkowski says
I also just contacted the ACLU and if I get a favorable reply I will post here. I will volunteer to be arrested and fight it through the courts if they agree to represent me, if they believe I have a valid case, which should show how strongly I feel about this. At the very least the deputies should be told to leave single or couple walkers alone and break up groups, but do not penalize all of us. The vast majority of residents never walk on the beach but for those that do this is important!