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Wrong Side of the Beach Save Email Print
Reporter: Elyse Molstad
Email Address: elyse.molstad@wjhg.com

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When Eduardo Gonzalez traveled from Atlanta to spend the 4th of July holiday at Blue Mountain Beach, he probably didn't expect his vacation would come to a mugshot and a short stay in a jail cell. Walton County sheriff's deputies arrested Gonzalez Thursday afternoon for trespassing on a private beach.

Lt. Maule, Walton County Sheriff's Office PIO, said, "A trespassing warning was issued right then and there and the individual continued to let us know he was not going to leave and even told us, 'no! I'm not moving. You'll have to arrest me.'"

The deputies acted under Florida Attorney Gen. Bob Butterworth's interpretation of the state's dry sand private beach property law.

It says if the property owner or their designate tells an individual to leave, and the individual refuses, then law enforcement can arrest that person for trespassing, and that's exactly what Walton County deputies intend to do.

Lt. Maule added, "Until we get a ruling from a higher authority we're going by what that ruling said."

Because it's so hard to tell which part of the beach is private and which is public, beach goers say it's unfair to be arresting people for being on the wrong side of the beach.

Lisa Owens from Atlanta, Ga said, "It's almost as if it's a power play."

The property line hassle kept the majority of Lisa Owens' family from going to the beach this week.

Lisa said, "We lug all our stuff done into an area that's not clear it's a private beach and go unload your stuff and have this space and all of a sudden they want you to move three inches over."

That was their first day in Blue Mountain Beach. Since then Lisa is the only one to return the shoreline. As someone who's vacationed here most of her life, Lisa says it's discouraging.

"The fact that I've never encountered this in X amount of years, 20-plus, 30-plus years, it's very frustrating. We're dealing with this now, and the way they handle it is frustrating as well."

Gonzalez spent a few hours behind bars and then was released on $500 bond.

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Posted by: Bob Location: Destin on Jul 8, 2007 at 10:05 AM
I would think that the Sheriff's department would know that the beach's are for everyone. If you enter through a public beach access, travel down the beach and sit next to the waters edge you shouldn't be treated like a common criminal. Why isn't this creating a big uproar within our community? This should be the top story on our locals news and newspapers! We need reporters to take on issues like this which involve public rights. Look at the history of our nation, all beachs along navagable waters are in the public trust. I hope this opens the eyes of everyone that eventually if you don't own property along the beach you will never be able to use it.

Posted by: Sandy Location: Destin on Jul 8, 2007 at 08:32 AM
The Sheriff's office in Okaloosa wouldn't have arrested them, they only do what they are told to do by the City of Destin, who is more concerned about tourist dollars than property rights. People do not respect property lines on the beach but wouldn't be happy if someone set up in their back yard. It's a double standard. Most of these beachfront homeowners worked very hard to purchase their properties and pay high taxes and insurance that support the public beach accesses. Tourists need to be better informed and respectful.

Posted by: yoyo Location: freeport on Jul 8, 2007 at 02:17 AM
Guess what home owner we are all taxpayers now my question for them is you want control of "your beach" but yet why was it you were all asking for the middle class tax payers to help with the beach restoration after Hurricane Ivan...Duh...you work just like we do and you are no better than we are...the only difference is 75% of you have your stuff handed to you on a silver platter while we plan and save and work ourselves to the bone to take a nice vacation for snobs like you to try to ruin it and dont use insurance risks because you all PAY the right hand man to get out of it.oh its storming gotta go get some sleep in my MOBILE hOME....

Posted by: david Location: walton county on Jul 8, 2007 at 01:18 AM
As long as a person stays south of the high water line (where the sea oats start), nobody should be able to call it trespassing. Plain and simple, the deputy was in the wrong. the home owner should have been told this is America and the beach belongs to American's. I guess the law is for the sole benefit of the rich. Sheriff Johnson should hope we dont still remember this come election time. I for one will not forget. I bet the home owner is of the republican persuasion and probley contributed to the last election. And to all you buisness owner's, dont you think this is going to be talked about all over Atlanta? What a stupid mess these deputy's have caused.

Posted by: Karen Location: Texas on Jul 7, 2007 at 03:31 PM
What ever happened to the "so called" imaginary line that runs down the coastline where property owners are not allowed to build or claim as their property? It has changed I know since Opal. Private beach, does that include the water’s edge as well? High tide or low tide? Amazing what money can buy.

Posted by: Norbit Location: Pensacola on Jul 7, 2007 at 08:20 AM
The Deputies would not have been forced to make an arrest if the snob at the beach house had not complained about the middle class trespassing on the beach and then commenting on how he is a taxpayer and demanded that the deputies "do their job" and arrest this person. Don't try and pawn this off on the Sheriffs Department when the bad guy is the snobby property owner whom thinks he owns the beach.

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