

Belleair Beach Residents have the Right to Umbrellas & Other Reasonable Shade Structures!


Belleair Beach Residents have the Right to Umbrellas & Other Reasonable Shade Structures!
The Issue
In June 2020, The Town of Belleair Shores passed an ordinance banning any shade on the beach.
- Town commissioners approved an amendment to an ordinance prohibiting certain activities on the beach to include any “tent, canopy, umbrella, temporary shade structure or recreation structure on the beach within the incorporated limits of the Town.
This directly impacts the rights of Belleair Beach residents. The City of Belleair Beach has perpetual deeded easements to access the beach, and residents have been using umbrellas on the beach for decades. This a fundamental right and is necessary to enjoy the beach! The ordinance takes away Belleair Beach residents' basic rights to health and safety. It also reduces our property value significantly.
We are researching the issue but the U.S. Constitution prohibits a governmental entity from taking private property interests, either directly by "Eminent Domain" or indirectly by enacting law or regulation, without paying its owner "just compensation" for the property.
Similarly, the due process clause of the Florida Constitution provides that “no person shall be deprived of life, liberty or property without due process of law.” Equally important, the Florida Constitution provides that: “No private property shall be taken except for a public purpose and with full compensation therefore paid to each owner or secured by deposit in the registry of the court and available to the owner.”
As residents, we should be allowed to enjoy the beach with umbrellas and/or any reasonable shade structures for that matter.
Please sign this petition if you agree with this statement.
The Issue
In June 2020, The Town of Belleair Shores passed an ordinance banning any shade on the beach.
- Town commissioners approved an amendment to an ordinance prohibiting certain activities on the beach to include any “tent, canopy, umbrella, temporary shade structure or recreation structure on the beach within the incorporated limits of the Town.
This directly impacts the rights of Belleair Beach residents. The City of Belleair Beach has perpetual deeded easements to access the beach, and residents have been using umbrellas on the beach for decades. This a fundamental right and is necessary to enjoy the beach! The ordinance takes away Belleair Beach residents' basic rights to health and safety. It also reduces our property value significantly.
We are researching the issue but the U.S. Constitution prohibits a governmental entity from taking private property interests, either directly by "Eminent Domain" or indirectly by enacting law or regulation, without paying its owner "just compensation" for the property.
Similarly, the due process clause of the Florida Constitution provides that “no person shall be deprived of life, liberty or property without due process of law.” Equally important, the Florida Constitution provides that: “No private property shall be taken except for a public purpose and with full compensation therefore paid to each owner or secured by deposit in the registry of the court and available to the owner.”
As residents, we should be allowed to enjoy the beach with umbrellas and/or any reasonable shade structures for that matter.
Please sign this petition if you agree with this statement.
Petition Closed
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Petition created on July 24, 2020
