Do
you park on a playground? Do you drive on a football field? Normal
streets have curbs and lines, crosswalks and police that enforce the
rules. Hitchhikers are no longer allowed on interstates.
The line between where cars operate versus where people are allowed has gotten more distinct — except on the beaches of Volusia County. Many people have died or been seriously injured as a result.
There
is something liberating about a beach, which is why so many songs have
been written about the sandy shore. Even in 1939, the Florida Supreme
Court recognized the beach as a special place, writing, "There is
probably no custom more universal, more natural or more ancient, on the
sea-coasts, not only of the Unites States, but of the world, than that
bathing in the salt waters of the ocean and the enjoyment of the
wholesome recreation incident thereto."
It accordingly held that
even where the beach is used as a public highway, the paramount use
belongs to the public. Thinking about it just makes you want to
experience "How Forever Feels," as Kenny Chesney described it 60 years later, "Big orange ball, sinkin' in the water. Toes in the sand, couldn't get much hotter."
I
appreciate and often am in the position to protect heritage and
understand that argument in support of beach driving. However, the true
heritage in Florida is in protecting the public.
Tourism is
Florida's biggest business, with an estimated 86 million visitors in
2011. And yet, 13 women have been run over by lifeguards across the
state. The public has collided with scores of others, killing several.
That can't be good for tourism.
We live in an age where attention
spans have decreased vastly. Florida does not require drivers to have
insurance to protect others for injuries they may cause. Texting and
driving is legal. Vehicles are quieter and larger.
Despite
collecting millions per year off tolls, Volusia County has failed to
provide ample regulation of the lanes of traffic or even abide by its
own regulation, running over several women in violation of its own rules
and policies. A government can further hide behind the protections of
sovereign immunity, which puts up barriers and limits on any real
accountability no matter how much devastation they cause or fail to
prevent. The danger and lack of safeguards are heading in a tragic
direction.
The Volusia County Beach Patrol has run over six women
during the last several years. Yet, it is charged with responsibility
for keeping the line between the highway and playground safe? Meanwhile,
at least 50 people have been injured and at least 9 have been killed
over the past couple of decades, including two four-year-olds recently.
It's easy to blame the parents or cite carelessness, but isn't the beach supposed to be carefree?
The
fact is, Florida leads worldwide in another unfortunate statistic —
injuries and deaths by automobiles on beaches. And Volusia County is by
far the standout leader and shining example of gross lack of
accountability. It offers virtually no protection, virtually no
accountability and Band-aid responses to the serious harm occurring on
its beaches.
It
is time for that tradition to end, or for Volusia County to stop the
rhetoric and do more to prevent so much loss of limb and life. Empty
promises and toothless policies are only going to lead to more
bloodshed.
Those who sit idly by should have to experience how a
different kind of "Forever Feels." My client, Erin Joynt, will forever
feel pain, hearing loss, nerve damage and facial paralysis. Her daughter
may forever feel the horror of seeing her mother run over. The family
of the children that died will forever feel horror no money can replace.
No one is going to sing about that side of it.
Unless Volusia is going to adequately protect those in harm's way, I say beach driving needs to be a thing of the past.