PINELLAS COUNTY, Fla. — The battle over a beach is now headed to federal court.
St. Pete Beach is going head-to-head with a local hotel owner over the issue of who owns the sand.
Watch report from Casey Albritton
"Been coming here since I was ten years old, that was in 1967 and nothing like this has happened before," said Stephen Pruitt.
Pruitt came out for his annual trip to St. Pete Beach, not expecting to see these signs and a portion of the beach blocked off.
"What is different are these freaking cones that you see on the beach, and this sign behind me that says that this is a private beach…it's insane," said Pruitt.
The City of St. Pete Beach said blocking the beach is a public safety hazard and blocks the path that beachgoers have used for years. According to current city rules, property owners cannot put up permanent private property signs anywhere within 50 feet of the waterline. Hotels can use temporary removable signs during the day to make private guest areas.
"It takes away from the overall experience…but it's not keeping us from enjoying…the wall of umbrellas there, it's like the wall of Jericho or something, I just find it crazy," said Pruitt.
The owner of the Plaza Beach Hotel is suing the city for the right to keep their private property signs up.
The city is fighting back and filed a 20-page response citing the “customary use” doctrine… which argues that even if a hotel owns the deed to the dry sand, the public has used this beach peacefully and uninterrupted for generations… and because of that history, the city claims the public has a right to keep using it.
"We should be able to live together here, it's right next to the public beach," said Pruitt.
While many people are upset about part of the beach being blocked off, others said it isn't affecting their vacation.
"That doesn't bother us a bit. I mean, we have the whole beach, and if I want to go that way I can walk right down the beach, so I don't see a problem with it," said Keith Loescher.
Loescher said he doesn’t mind the signs.
"I mean, he’s got the building in front of the beach, so that’s his beach…just like we walked out of our building and came down to our beach. His beach is over there, our beach is over here…sounds good to me," said Loescher.
No federal trial date has been set. Pruitt hopes people are able to enjoy the beach no matter what stands in their way.
"A national treasure, and that’s the way I would like to keep it," said Pruitt.
This isn't the first time the owner of the Plaza Beach Hotel has had issues with the city and local law enforcement. In July, he was arrested for scattering roughly 1,500 mothballs along the beach.
The FWC suspects it was an attempt to keep birds from nesting on the sand.
Tampa Bay 28 will keep you updated on the battle over the beach as the lawsuit heads to court.
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