In a bitter legal dispute between local officials and oceanfront property owners, a federal judge on Monday refused to block a Walton County ordinance that bans people from using public and private beaches amid the COVID-19 pandemic.
Plaintiffs in the lawsuit, including former Arkansas Gov. Mike Huckabee, argued that the ordinance is unconstitutional on a series of grounds, including that it violates privacy and due-process rights.
The property owners asked U.S. District Judge Roger Vinson to prevent Walton County Sheriff Michael Adkinson from enforcing the ordinance and to issue a preliminary injunction blocking the local law.
But in a telephone hearing Monday, Vinson said the plaintiffs failed to show that they would be harmed if the ordinance remains in effect and would likely not succeed on the merits of the lawsuit.
“Certainly, this is a national emergency. It’s a state emergency. I think without question the county has authority to take whatever measures they think are necessary to meet that need, as long as it’s narrowly tailored to meet that interest,” Vinson said.
Any potential harm to the plaintiffs is “temporary,” Vinson said, pointing out that the countywide ban on beach use expires on April 30, but is likely to be extended.
“It’s a harm that’s relatively minimal compared to the harms that might result if you have exposure to a communicable virus,” he added.
Much of Monday’s two-hour hearing focused on what constitutes the “beach,” which the ordinance defines as “the soft sandy portion of land lying seaward of the seawall or the line of permanent dune vegetation.”
But most of Walton County’s 26 miles of beaches along the Gulf of Mexico lack seawalls, while some oceanfront properties lack vegetation covering dunes, as shown in photos submitted by the plaintiffs.
Property owners complained in the lawsuit, filed this month, that Adkinson’s deputies, county code-enforcement officers and local fire department workers have bullied them as they tried to use their “backyards.” The case focuses on how the ordinance affects the rights of oceanfront property owners, rather than issues related to the general public.
Local officials maintain they are trying to curb widespread transmission of COVID-19, the highly contagious respiratory disease caused by a novel coronavirus.
“It’s hard to imagine a more important public interest than attempting to prevent the spread of this rampant, unseen pathogen, which can be transmitted … by both symptomatic and asymptomatic persons, and which has led to the deaths of tens of thousands of people and many, many more infections,” attorney Bill Warner, who represents the county, told Vinson during Monday’s hearing.
The county’s lawyers argued in a brief filed Friday that Gov. Ron DeSantis gave them the authority to close beaches. In an April 1 executive order, the governor directed “parties accessing public beaches” in Florida to follow health officials’ social distancing recommendations and “support beach closures at the discretion of local officials.”
The “safer at home” order also left room for people to take part in “essential activities,” including “participating in recreational activities … such as walking, biking, hiking, fishing, hunting, running, or swimming.”
Kent Safriet, one of the plaintiffs’ attorneys, said the Walton County ordinance “increases the risk to the public” of contracting COVID-19 “by forcing these landowners to public locations to engage in the very activities” authorized in DeSantis’ order.
“Your honor, these people cannot swim or fish in their own backyard,” Safriet told the judge Monday.
Safriet said Vinson should follow a Saturday ruling by a Kentucky federal judge, who issued a temporary restraining order against Louisville Mayor Greg Fisher and city officials, prohibiting them from attempting to stop drive-in church services on Easter.
The Walton County ordinance, which carries a $500-per-day fine and up to 60 days in jail, is an “unreasonable seizure” of the property owners’ land and violates their “constitutionally guaranteed right to be let alone from government intrusion,” Safriet argued. Under Florida law, privately owned beach property generally extends to a point known as the mean high-water line.
“They’re being kicked off and threatened with arrest for being on that portion of their dry beach,” he said. “The county has done nothing to establish that this action helps prevent the spread of COVID-19.”
Safriet also accused county officials of trespassing on the oceanfront landowners’ beaches, “barking directions to private property owners.”
“They all say, if you don’t follow what I say, I’m going to call the sheriff,” Safriet said. “The homeowners don’t want the sheriff coming up to their patio and saying you can’t sit on your patio. I mean, that’s pretty basic.”
“I don’t recall anybody suggesting that the county has attempted to limit their ability to sit on their patio or their deck or whatever,” Warner said.
Adkinson’s lawyer, Gwen Adkins, told Vinson the ability to “limit the spread (of the disease) as much as possible … is what’s at stake here and what is necessary,” adding that “the public interest far outweighs any incidental harm to the plaintiffs, in terms of them not being able to use a portion of the property.”
The issue of beach closures has sparked a furious debate as the coronavirus has spread throughout the state.
DeSantis balked at ordering a statewide closure, but on March 20 agreed to shut down beaches in Palm Beach and Broward counties to combat large crowds of college students congregating. Local officials throughout Florida have imposed beach closures and other stringent measures, such as curfews, aimed at curbing the virus’ spread.
A Leon County circuit judge last week dismissed a lawsuit, filed by Walton County lawyer Daniel Uhlfelder, seeking to force DeSantis to make beaches throughout the state off-limits. Uhlfelder has appealed the ruling.
Walton County commissioners voted April 2 to shut the beach. Although Vinson sided with the county, the judge said he was concerned “about the way this ordinance has been interpreted and applied.”
Vinson said he construed the ordinance to apply to “the sandy area between the water and wherever the (property) improvements are.”
“I’m going to just say that that cannot be any closer than a distance — and I’m going to just pick a number — say, 10 yards to any permanent improvements, whatever that might be, of the private residence,” he said. “The sheriff needs to not try to enforce it any closer than that.”
Vinson said his decision means “anything that’s perceived as part of the beach, by reasonable people.”
–Dara Kam, News Service of Florida
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Here Spot says
ENOUGH ALREADY……….. Open the damn Beaches !!!!!!!
Jo says
Selfish
Melissa says
Absolutely not. Being outside on a beach is way, way safer than, say, “being inside in a Wal-Mart”.
The Truth says
In case you haven’ read DeSantis ratings went down after he didn’t close beaches during spring break. If any government officials and that means Trump in Washington don’t listen to the scientists about this virus then they really don’t care about the people that want voting for them when they are up for re-election.
Yes, our economy is important but human lives are more important.
Marilyn Cichocki says
Your day will come again to use your beaches. This too will end. But no one will die without beach access. Let’s grow up and play it safe or now!!
Jan says
My house is on the beach, and I agree the beaches should be closed. It’s for the greater good. Not all oceanfront property owners want beach closure lifted.
capt says
Agree. I also live on the beach and support the closer. Its not going to kill ya to not be on the beach for 30 or 60 days. This crap will pass and people will look back thanking their lucky stars they or a family member were not infected with this virus. Hell we could live in Michigan where they are totally locked down. “” Democratic Gov. Whitmer’s executive action extended her prior stay-at-home order through the end of April and toughened it up.
For at least until then, Michiganders won’t be allowed to travel to in-state vacation residences. They are not permitted to use a motor boat. Business restrictions have been tightened, including that large stores must close areas “dedicated to carpeting, flooring, furniture, garden centers, plant nurseries, or paint,” among other measures. Violators could be fined or charged with a misdemeanor, though the practicality of strict enforcement was unclear””……………………………. So Hang in there, it could be worst.
Gary R says
Crazed Democrat Michigan Governor Gretchen Whitmer prohibited big box retailers from in-person sale of seeds because according to her, food is non-essential. Big drive in protest in Lansing Michigan tomorrow against governor gustappo’s lockdown
I will be behind your house metal detecting as soon as the ban is lifted says
LMAO! These people should be charged court costs for wasting these judges time that our tax dollars pay for. These idiots arent the only ones that want to use the beach.
A Concerned Observer says
Thank you Judge for not caving in to a few selfish rich and powerful people! The majority of us who have no voice salute you. There is no cure for this virus. There is no vaccine. The ONLY defense we have against this virus is confinement. Allowing a few locations to open closed areas is like opening a peeing section in a pool.
mike kelley says
i understand social distancing and I agree whole heartily. I agree we should all be wearing masks when we have to interact such as trips to the grocery store, pharmacy, etc. I am having a hard time however understanding having the ability to enjoy our beaches for swimming, fishing, or just relaxing as long as social distancing is adhered to. I would have no problem with authorities patrolling the beaches and taking appropriate action against those not following the safety guidelines, but if you are following those guidelines why not allow people to get a little sunshine and fresh air. For me it does not matter. I don’t care to go to the beach, but i do know those who could use this time of relaxation.
Don says
This crap is beginning to infringe on MY CONSTITUTIONAL RIGHTS of FREEDOM ! I’ve been stuck in my home for 6 weeks now. I don’t go to grocery stores anymore because pretty much 85% of the people are NOT wearing mask or gloves. So I have had to take a second mortgage out on my home so I can order groceries and Pharmacy deliveries . Its not going to take much more of this “stay at home” crap before a REVOLT is going to start . Amazing how 70% of Palm Coasters are OUT and doing what every the want. WNZF and their talking heads GO OUT every damn day to get on the radio to tell us we must stay inside are homes……. I’m heading out tomorrow to WHERE EVER I DAMN WELL PLEASE !!!!!
Percy's mother says
Beam me up Scotty.
Nancy says
Leaving your home for non essential reasons including just taking a drive to get out of the house is irresposible and UNAMERICAN!!
STAY HOME = PATRIOTIC
GO OUT = TERRORISTIC
Which are you?
It is sickening to see the wealthy beach home owners tie up our courts with this entitled non sense.
STAY OFF THE BEACH like everyone else.
Dianne Goldthorpe says
Thank you so much Don for being responsible and staying in for 6 weeks.
Keep up the good work and like the virus it will be hopefully contagious as people see that life in lockdown is totally doable.
I get your fed up of being inside but you are actually allowed out to exercise and have a 6ft apart conversation.
Think of this as community service that others can follow. Your surviving,good for you. Come up with tips and things that you have done to pass the time and post them on here or social media. We all need encouragement right now and remember we are #alone together.
Concerned Citizen says
@ Nancy
LOL you judgemental person calling us essential employees terrorists.
I work in the property maintenance and landscape busniess. Providing maintenance and emergency services to commercial properties and HOA’s. A portion of our work is debris and trash clean up. So we are deemed “essential” We also provide after hours service for that resident who locks themselves out of their condo and needs to get back in or tells us the elevator is broke and they had to walk up the stairs.
I have not been afforded the luxury of “stay at home” I have to go to work and risk getting sick from the asshats who aren’t taking thiss serious. Out of respect for the laughable stay at home I do limit my trips. I also volunteer in the Emergency Services field and am busy there also. Lots to do. Again I guess I’m a terrorist and unpatriotic leaving the house.
I spent my time in Active Duty in the Airforce and then retired from the Guard. I also had a long and rewarding career in Public Safety. Working both Law Enforcement and then retiring from Fire Rescue. Yep I’m about a terrorist and an unpatriotic citizen as they come. As I go to work every day to provide you people those services you come to depend on.
Craig says
How exactly does Nancy’s comment have anything to do with you? Her statement said “anyone leaving for NON ESSENTIAL”
Unless you are indeed leaving your home for other reasons then those deemed essential?
Flatsflyer says
If anyone with Huckabee DNA is involved, lock them up! The entire family has a combined IQ that’s below the freezing point. Trump, his Communist Escort and family members should be lumped into the same category!
Bob Ziolkowski says
Appeal the ruling and fight it! To most this is a non-issue but to many that live on or near the beach this is a basic right that we pay for with taxes. There is no way in the world someone can get COVID-19 by walking on the beach and minding their own business!
Sherry says
Dear Don,
I agree with Diane, bless you for staying home, and thank you so much to all those essential workers that keep us safe, comfortable and fed. This required isolation is hard on each of us. . . apparently some more than others.
Perhaps it would provide some calming peace if we each took just a couple of minutes each day to reflect on just how fortunate we are:
1. Are you able to get out of bed unassisted?
2. Do you have food in your fridge?
3. Do you have a roof over your head?
4. Do you still have your senses of sight and hearing?
5. Are your loved ones OK?
6. Can you complain about your government on sites like this without retribution?
7. Are you harassed and discriminated against merely because of the color of your skin or religious beliefs?
8. Are you at home instead of the hospital?
9. Have you eaten within the past 24 hours?
10. Do you have electrical power?
11. Do you have a car?
and on, and on, and on. . .
Everything is relative. . . let’s take a moment to count our many blessings. And, then join together to help one another appreciate what we have and “protect” one another with the guidelines put forth by the medical professionals. NOT the politicians! We can do this together!
Sherry says
BTW. . . I do not understand why just taking a drive, away from everyone, in you own personal car is irresponsible and “Un-American”?
Frank says
If you are driving your car around just for something to do then you are having to use gas arent you?
So you will unnessecarily be having to fill your car at the pumps, touching handles, being in public, possibly getting into an accident, taking up a hospital bed and putting others at risk. All so you can go for a ride in your car because your bored.
STAY HOME!
BE AMERICAN!
Bob Ziolkowski says
Unless one is in an EV! For all of the couch potatoes this is just another day but for those of us who like to get out and enjoy life it is getting very stressful, and it does not have to be one extreme or the other! There must be a compromise and people that feel they are at risk need to stay home and those that go out need to be smart.
Melissa says
I don’t appreciate the slanderous and hysterical language allowed here. I’m American whether I stay home or I go to work. How dare anyone insinuate or come right out and say otherwise? FlaglerLive–NOT HELPFUL.
Laura B says
Ugh, “common good” is not a constitutionally protected American principal/right. Read it. Walking on the beach also doesn’t make one a “terrorist”. Some of you seemingly have been cooped up too long & brainwashed by CNN or Chinese news or like. Get some fresh air & soak up that sunshine & Vitamin D- keeping your distance of course. And after a nice walk perhaps you’ll realize some of the over-reaching political power plays of local mayors & city sheriff’s & local commissioners attempt to distort the governor’s (and every CDC recommendation) at the expense of your personal civil liberties.
Sherry says
Sorry Frank. . . just a bridge too far.
My husband and I will continue to drive our car safely (no accidents ever) and use gloves when pumping gas, have our groceries delivered, do walks and bike rides around our neighborhood while practicing social distancing. Maybe that is why we are handling our responsibilities of protecting ourselves and others without demanding things like opening the beaches. Everything calmly, peacefully and without paranoia.
Donny says
Everyone has zero accidents ,until we have one.
Walking? Good. Bike ride? Nice. But if you want go for rides in the car for fun than be ok with the fact that you may have killed someone else because you were bored.
And yes we will blame you and every other irresponsible person who couldnt follow the rules
Doug says
I’m so glad a Federal judge turned down the elitists demand to open the beaches for them. The audacity of the rich and not so famous. Take your money and go live in another country. You won’t be missed.