Town’s beach alcohol edict
To the editor:
Town staff has been directed to draw up a law allowing alcohol on the beach. That radical change to this family town may well be illegal, but staff says they have been told to do it, period, no choice!
At last week’s LPA meeting, Town officials made it crystal clear that they were DIRECTED TO PROCEED to write laws that allow the flow of alcohol on the beach. The Town’s Land Planning Agency has now twice rejected Town Council’s bulldozing efforts.
The illegality of the Town’s first dictatorial approach was painted in stunning detail by the LPA ‘s first response. In that previous LPA meeting, the LPA unanimously rejected Town Council’s demand for a new beach liquor law. The LPA said that Council’s approach violated the legal policies of the Town’s and therefore the Town’s request was illegal. The LPA poured Town Staff back into the bottle with a stunningly detailed research document showing that the Town’s policy documents forbade such a Town Council law.
Town’s response was that the Town’s Land Development codes allowed the new law they wanted. That led to the second LPA meeting last week. Town said ignore the legal policies. Town’s staff again declared that they were told do this or else. The debate was over. Once again Chair Joanne Shamp went into excruciating detail that laid down the gauntlet that Town’s move was illegal on Count 2 as well.
In two pages of single spaced lines, Shamp cited 23 LDC code and Comprehensive Plan Policy references to reassert the complete illegality of the Towns directions to Staff to write a new beach liquor law. Neither the Town attorney nor the Town Community Development Director offered a single rebuttal to Shamp’s research.
Both Town officials were totally flummoxed and lamely said that they were DIRECTED TO WRITE NEW LAWS. Never mind that Shamp also cited that the Town’s Comprehensive Policy as superseding the LDC Code laws wherever there was a difference.
Now our Town dictators will have to change the Town’s state approved policy documents as well as write new laws canceling our long term laws. Does this sound like some of the worst dictatorship that you might expect of third world rulers? Make no mistake, Town staff has their marching orders. This is not in a discussion stage.
This Town has peacefully dealt with the fact that just 3 bars had Lee County beach liquor permits that were carried over when the Town incorporated. Now, Town Council wants to open the liquor spigots.
Contact Town Council to stop this attempt to break the law and the peaceful beach that we have long had. And don’t let anyone tell you this is misinformation, a favorite Town dodge.
Frank Schilling
Fort Myers Beach