Posted on 04/14/2020 10:50:21 AM PDT by yesthatjallen
This, however, is not a state issue. Its a Walton County issue. The county passed an ordinance closing the beaches. A federal judge has denied an emergency injunction against the ordinance. The lawsuit testing the lawfulness of the ordinance can now proceed to trial.
Don’t need martial law. Once President Trump declared a national health emergency on March 13 and invoked his extraordinary powers to deal with a public health crisis under The National Emergencies Act (50 U.S.C. 1601 et seq.), many states also declared health emergencies as did local governments. The state and local laws and ordinances also grant extraordinary powers under state constitutions.
As soon as the president lifts the National Health Emergency declaration, state and local governments will begin to do the same.
President Trump’s declaration: https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/
I’m guessing the judge felt if people who live on the beach can use the beach then townspeople will also come and cops will spend all their time checking ID’s... If Huck owns the land up to the water then he should be able to walk in his backyard. If on the other hand his backyard comes up to the beach - but does not include it, then he should follow the rules the rest of us have to follow.
I think Trump did away with some of the ridiculous rules they came up with with the water act. Horrible things, people losing their properties, thrown in jail, for having mud puddles after a rain. I agree with not polluting a river that other people depend on too, but the EPA would have made the Gestapo proud.
“U.S. District Court Judge Roger Vinson on Monday denied the suit ...”
U.S. District Court Judge Roger Vinson on Monday denied the request from Huckabee and more than a dozen other plaintiffs for an injunction against Walton County, Fla., and the local sheriff.
Sounds like class envy.
I do hope they file an immediate appeal, and ask for an injunction.
I’d like to see a thousand lawsuits doing the same, all over the country. These Control Freaks are out of control, and setting awful precedents.
It’s called the police power, which the states did not relinquish in 1787. It was a topic at the Federal Convention.
The answer to the problem of dealing with oppressive use of the police power is to threaten the pols with their jobs this coming November.
Judges like Vinson are a gem. He recognizes the limits of the Judiciary.
If the beaches are closed then they’re closed for everyone. Not everyone except multi-million dollar homeowners.
Thanks so much for the explanation, Jacquerie ... a refresher actually ... it’s important to stay accurate and focused as we claw our way back to rationality. Cheers! GA
You missed my point
There is no private shoreline in Florida
Only private access
And a part of the beach up to a certain point from usual high tide
How do I know this cause I’ve owned beachfront in Florida
That was my only point
If you live on the beach in Florida your yard indeed extends into the sand a bit
But not the shoreline and so many feet back
It can be encroached by dune covenants and sea oats covenants etc
Ours was a stilt home that extended onto the beach
Many homes at Grayton beach do that
And one parks on the beach too with a sticker
Not sure Huckabee sit rep
I trust Trump not to abuse his power, but the thought of Mrs. Bill Clinton having near absolute power is terrifying.
“Beach Begins with he Letter “B”,
Virus begisn with hte Letter “V”-
both of those letters have the sound “EEE” at the end when you say them, so therefore, one might bet a Virus while standing on a Beach”.
Even better. The Russian Cyrillic letter V looks like a Latin B.
“Don’t need martial law.”
Maybe that’s why it hasn’t been declared.
“You missed my point
There is no private shoreline in Florida”
Maybe your point wasn’t clear. I was clarifying (your reference to Florida) that Florida was not involved in this dispute.
The Florida constitution says all land seaward of the mean high-tide line belongs to the public and no one can deny you access to it. Land above that line can be either public or private.
This is a private beach, which is part of the home owners’ properties. It’s not a beach open to the public.
The Judge has essentially ruled that the owners can’t go into their own back yards.
I agree. The President’s Emergency Declaration applies to all States and Territories. That IS a step down from Martial Law, but I believe it gives the POTUS more powers than usual.
I’m amazed that the media idiots at his pressers haven’t done some research on the Em. Decl. ...Instead, they keep arguing that POTUS doesn’t have “the right” to close down or open the Country. ....Trump has said he has that right, but will allow the Governors to make those decisions for their own States.
lol didn’t know that- coincidence? I think not lol
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