Are Sandcastles Now Illegal in Florida?

Tuesday, September 21st, 2010

I’m posting this hoping that maybe someone can shed a little light on what’s going on. The local news report is pretty confusing, and raises far more questions than answers. But it appears that the reporter is being told he isn’t allowed to (a) dig more than six inches into the sand, or (b) use a video camera, on Florida beaches. But the video is rather confusing about whether the rule applies only to beaches in National Parks, or to public beaches in general, or to one or the other only in Florida. It’s also not clear if this is a temporary, BP-related rule or something broader.

I’m not sure it’s the reporter’s fault, either. The authorities in the video don’t seem particularly keen on elaboration.

It seems clear that there’s some sort of bullshit going on here. I’m just not clear from the report on the full extent and nature of the bullshit.

Digg it |  reddit |  del.icio.us |  Fark

33 Responses to “Are Sandcastles Now Illegal in Florida?”

  1. #1 |  Judas Peckerwood | 

    I found it confusing as well.

    As a former longtime Florida resident, my advice is to assume the worse from that hellhole of inbred, native right-wingers and nanny-state, carpetbagger limousine liberals.

  2. #2 |  Random Guy on the Internet | 

    I call shenanigans. “Not allowed to videotape” where have we heard that before?

  3. #3 |  Michael Chaney | 

    The little Mexican park officer might be careful about making people show papers…

  4. #4 |  Michael Chaney | 

    By the way, the proper way to handle these people in this context (video camera running) is to simply force them to cite code or leave. Ultimately, if they’re going to write a citation, they have to do that, anyway. So ask them for the statute that disallows your actions.

    The reporter in this video comes close, but he doesn’t use the proper language.

  5. #5 |  samsam | 

    From reading elsewhere, the key seems to be that its a national park or wildlife refuge or some other protected area. There really do appear to be rules limiting disruptive activities in such areas. If this is the case, the “officials” were idiots for not explaining the situation very well.

  6. #6 |  A McGillican | 

    My guess is that the no digging is because its a protected area. Also, my guess is that if the reporter had bothered to talk to the park staff first before just showing up and digging around, things would have gone better and they may have even allowed it. That said, the no video is BS.

  7. #7 |  Mike H | 

    What really disgusts me is all that oil under the sand.
    Like catpiss in a litterbox.

  8. #8 |  Kevin3% | 

    Nothing to be confused about here.
    This man had a badge and you must obey his every command…or face the specter of being beaten, tased, hand-cuffed and perhaps even murdered.

    Do you understand now?

  9. #9 |  Kevin3% | 

    I am just glad there were no dogs around when Officer Iam Thelaw showed up.

  10. #10 |  Marty | 

    this illustrates the breakdown in govt perfectly. there is no service from the govt- only for the govt. even though the reporter asked nothing of the bureaucrat, the bureaucrat was offended by his ‘lack of cooperation’ (asking questions about the govt intrusion).

    if we treated friends, business associates, strangers on the street, etc this way, we’d soon be without friends and business associates. the wrong stranger would just punch you in the nose.

    I would’ve loved to see the reporter head to the dmv to apply for a lost title to a boat, then try to get a building permit for a new garage on his property, then try to get a permit for his ‘friends of the first amendment’ march, etc. just to illustrate the difficulty of marching through this bureaucratic quicksand.

  11. #11 |  Henry Bowman | 

    The reason that the fellow wasn’t allowed to dig is related to the fact that the area is a National Park and the Park Service has stringent rules regarding compliance with NEPA, the National Environmental Protection Act (I think one of the antiquities Acts applies, as well). On almost all government facilities, digging (typically deeper than 12 in, but I guess in the case of the Park Service, 6″) without a permit is verboten. You might disturb some animal’s habitat, or kill a valuable plant. Of course, this seems absurd on a beach, where the sand is routines changed out naturally over time. But, rules are rules, and the ones who make and enforce the rules don’t care about reality. After all, one of their jobs is to show you who is boss.

    Bureaucracy run amok. I some people think we are free…

  12. #12 |  Henry Bowman | 

    Sorry, last line of my previous comment should read “And some people think we are free.”

  13. #13 |  Joe | 

    Sounds like a slow news day.

  14. #14 |  Joe | 

    This is the petty bueaucrats stumbling into another public relations gaff. I bet (okay I am guessing) the policy is they are worried on sea turtle nests being disturbed by oil cleaning equipment. So they won’t let the equipment clean along the water line (where there are no nests) and they don’t want to be embarassed by the press.

    And BTW, the press is not a special profession. We all can be the “press”. So what is this nonsense about permits to film in National Parks? Again, this is about embarassing themselves.

  15. #15 |  Boyd Durkin | 

    @ #10,

    this illustrates the breakdown in govt perfectly. there is no service from the govt- only for the govt. even though the reporter asked nothing of the bureaucrat, the bureaucrat was offended by his ‘lack of cooperation’ (asking questions about the govt intrusion).

    I agree (we exist only at the discretion of the state), but could it also be government manifesting its destiny? It is not a breakdown at all, but exactly what government is about.

  16. #16 |  Yizmo Gizmo | 

    Florida is a prime of example of toxic corporate/political/legal collusion
    at the expense of the citizen.
    I was browsing through threads in a Metal Detecting website, a guy
    in Florida said he called City Hall to ask about rules. They said detecting “was prohibited in county owned burial/cemeteries and anything under the ‘Florida Master Plan’ ”
    How Spooky is that?? What’s the Plan and who’s our Master?

  17. #17 |  SJE | 

    Well, if it IS a NPS rule, why can’t the cop cite the rule. Ignorance of the law is no excuse.

  18. #18 |  Larry Signor | 

    Makes perfect sense. The reporter can’t violate National Park rules and oil companies must keep their oil off the beaches…wait, I mean off the TV. That’s what I meant.

  19. #19 |  Larry Signor | 

    @Yizmo Gizmo:
    Damn, I thought you knew. Maybe the little guy with the badge knows.

  20. #20 |  random guy | 

    “It seems clear that there’s some sort of bullshit going on here. I’m just not clear from the report on the full extent and nature of the bullshit.”

    This could be your motto, it applies to the majority of cases wherein police abuse is reported. Like the whittling guy, didn’t the title of the orginal article go something like “Police confront man downtown, shots fired.” It wasn’t until much later that it was revealed that it was the police that fired the shots, and it was the unarmed old man that was confronted before getting shot for standing up.

  21. #21 |  JS | 

    This is America, everything is illegal.

  22. #22 |  qwints | 

    The problem here isn’t the rule, it’s the attitude. It’s a very reasonable thing for the government to set rules on how public land is used and no digging deep holes is a reasonable one. So say that and direct the guy to the approppriate place to get a permit or find out testing results. Don’t be a dick.

  23. #23 |  Cynical in CA | 

    Laguna Beach, CA has an ordinance prohibiting the digging of a hole in the sand on a beach deeper than 2 feet. It is ostensibly to reduce the risk of someone stepping in a hole and breaking their ankle, or maybe because a city Jeep might get mired, I don’t know.

    http://articles.latimes.com/2000/jul/21/local/me-56786

    That’s July 21, 2000. The article has more restrictions on fun in Laguna. That’s why I take my family to No-Poor, er, Newport Beach.

  24. #24 |  Yizmo Gizmo | 

    http://myfwc.com/CONTACT/Contact_commissioners.htm
    850-488-4676 Community Relations

    Here’s the Fish and Wildlife website and phone number.
    When I get a moment free I plan to call them
    and ask why phony “officer” Pat Gonzales gets paid to suck
    corporate ass and harass journalists with salary deriving from taxpayer money.

  25. #25 |  Cynical in CA | 

    My secret admirer is back!

  26. #26 |  Grenadier1 | 

    So I dont really have a problem with the no digging in a National park rule. The problem is the typical government idiocy and the “press pass” to film. The first government asshole told him to move to a public beach, which he did. At that point Officer Dickbag shows up and tells him he cant dig there either. So if he was digging in the public beach like the first ass told him he could have been at best arrested and at worse shot by officer Dickbag when he walked toward him with his assault shovel. Thats outrage number one. They cant get their own tyranny straight.
    Second the nonsense about needing press passes to film. I think this is the bigger outrage and should have been ran to ground by the reporter. He should have refused to show any “paper’s” and pressed that tin badge on the matter. It would be funny if it were not so goddamn stupid it makes my head hurt.

  27. #27 |  lunchstealer | 

    They’re probably trying to prevent future tragedies like this.

    http://www.youtube.com/watch?v=wVUwO-RaAMw

  28. #28 |  Marty | 

    ‘I agree (we exist only at the discretion of the state), but could it also be government manifesting its destiny? It is not a breakdown at all, but exactly what government is about.’

    great point.

  29. #29 |  Nick | 

    The station did a follow-up story.

  30. #30 |  BoogaFrito | 

    Thanks for the follow-up link, Nick. I’m glad the reporter went back and asked questions.

  31. #31 |  Cynical in CA | 

    @Boyd. QFT. I missed that one the first go-around.

    You are 100% correct — we do exist only at the whim of the State. As soon as the State determines that our existence is not necessary, poof!

  32. #32 |  redrajani | 

    This sounds crazy but i do recall being on a gulf beach in florida where turtles eggs’ nests were sectioned off with warning signs. The only reason I can think of that the government would use is to protect undiscovered turtle nests…now it could serve an alternative purpose.

  33. #33 |  Enjoy Every Sandwich » Blog Archive » Week in Review | 

    [...] Radley Balko would like to know, Are Sandcastles Now Illegal in Florida? [...]

Leave a Reply