Interim disability permit issued for beach access
A disability case situation that has been going on for nearly three years involving beach access for someone with mobility issues has been provisionally resolved until policy is resolved.
Last week, the Fort Myers Beach Town Council gave consensual approval to allow Beach resident Tony Scolaro to apply for a temporary permit to utilize a power-driven mobility device on the beachfront to go from his condominium to the beachfront and back during a pending policy resolution period.
Town attorney Derek Rooney recommended the issuance of a short-term permit for no longer than 90 days or until policy issues come into compliance to avoid any liability that may occur in the future.
Town officials are revisiting the sensitive matter pertaining to beach vehicle policies to conform to the American with Disabilities Act. The recent workshop discussion was yet another follow-up discussion on an issue to allow certain people with mobility disabilities to utilize power-driven mobility devices on the beachfront.
“I think we are hypocritical not to allow them,” said Mayor Anita Cereceda. “If we allow motorized vehicles to business who move their product up and down the beach, if we allow ourselves motorized vehicles to monitor the beach and/or simply move around, I think it is hypocritical not to allow someone (to cart people around). I think it is a terrible sell not to allow it.”
The issue comes under fire due to environmental and safety concerns. Permit limitations were also discussed once policy is cleaned up.
Environmentally, it is important to limit any type of vehicle on the beachfront for bird nesting and resting areas as well as sea turtles nests. For safety reasons, there should be a strict limitation in the downtown zoning district (possibly no allowance; maybe allow a beach vendor to transport if necessary) due to a higher volume of pedestrians.
Scolaro was issued a permit in the past by a former town manager. After receiving an annual permit, he purchased a golf cart for access reasons. Two years ago, he was denied the permit as Town officials were in the process of modifying its rules and regulation on the matter.
Disability Rights Florida informed Town they believed the denial violated the American with Disabilities Act. Scolaro would like to be able to use his golf cart to enjoy closer access to the beachfront.
While motorized wheelchairs do not require a permit, golf carts do. Town officials do not want free reign for anyone who may have a golf cart to be able to traverse the beachfront at will.
Prior to consensus direction, Rooney stated he would like Council to adopt some form of interim policy to allow disabled persons and their choice of vehicles down to the beachfront only. Currently, only the Scolaros have pressed the issue. Policy needs to be created before more requests come in.
Town Environmental Sciences Coordinator Keith Laakkonen stated the use of such vehicles had been permitted under the existing code, but other residents without permits began accessing the beachfront with their own golf carts, creating a highway of sorts for “joy-riding” with excessive speeds on the environmentally sensitive land.
In modifying policy, Council members discussed certain allowances being permitted with certain zoning districts only. Issues have arisen due to what is called an excessive amount of tractors and carts being used by beach vendors in the downtown zoning district. The narrow beachfront in that area also comes into play.
While laws allow choice of device, Rooney believes Town officials should get ahead of the issue.
“We have the authority to limit their speed, weight, size and to restrict them if there is conflict with other federal regulations, including migratory bird trees or endangered species or sea turtles, et cetera. But, as a regulatory governing entity, we must consider those responses in a balanced way,” he said. “We need to put restrictions on (golf carts), but those restrictions have to be balanced.”
In an email to a Town official, Rooney stated wheelchairs and manually-powered mobility aids are allowed anywhere foot traffic is allowed. Florida State Parks feature maximum specifications, which he recommends in adopting. They are: 1) speed (not to exceed 5 miles an hour); 2) width (not to typically exceed 34 inches); 3) length (not to typically exceed 62 inches); 4) weight (device not to exceed 550 pounds); and 5) type.
Vice Mayor Dan Andre believes part of the problem is the language in the Town Land Development Code. He had questioned the validity of the two past permits.
“When it says a wheelchair or other conveyance, that is not very specific,” he said. “Prior approval has come from Town manager, and not the Town Council. My feeling is that those two permits should not have been issued based on this (language.) It needs to be cleaned up.”
Segways are not permitted on the beach. They are in violation of the LDC due to being motorized.
“They have been out there from time to time. When we do find those folks, we try to reach out and educate them that they just can’t be out on the beach without a permit,” said Laakkonen.
On Sanibel, people with disabilities contact the island’s police department if access is needed and those officials provide the service. An option to rent an all-terrain wheelchair from a business is another choice on that island.
In all, policy modification is expected to come quickly.
“We must limit the number of golf carts out there and also get Council control over it,” said Councilman Alan Mandel.