A long, simmering debate over beach access on Perdido Key is boiling over, with deep emotions on both sides about who should be able to use the sand along Escambia County’s shoreline.
At the heart of the dispute is whether the county should pursue a “customary use” claim that could allow the public to use portions of privately-owned beachfront.
Joseph Kleinpeter, president of the Indigo Condominium Association, told commissioners the issue goes far beyond beach chairs and umbrellas.
“Customary use is bad policy," he said. "It’s unconstitutional. You cannot take our property without applying Fourteenth Amendment principles, namely fair and reasonable compensation.”
Several speakers warned that if the county moves forward with customary use, the matter will likely end up in court.
Tony Reeves, who serves on the board at La Playa Condominiums, told commissioners his association would defend its property.
“Should you choose this path, be advised we will vigorously defend our rights to maintain control of our private property," Reeves said. "We’ll use whatever legal means necessary that the court system may allow.”
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Several condo associations said they already spend heavily to protect and maintain their beaches, and fear being held responsible if the public is allowed onto private land.
Others pointed to the financial risks. Tony Hobbs referenced Walton County’s experience.
“Walton County spent over $10 million fighting owners of 1,194 parcels and failed to prevail on 1,099 of those instances,” Hobbs said.
But speakers supporting public access were just as emotional, describing frustration, confusion, and a sense of exclusion.
Francis Obitz told commissioners she had been stopped even while walking near the shoreline. “I’ve even been in the water, and I’ve been told that I need to move down the street," she said. "It’s been very sad for me.”
She also noted that public funds have helped restore dunes after major storms.
“Our tax money has been spent every single time we have a hurricane to replenish or restore these beaches," she said. "That money belongs to everyone.”
Some speakers questioned the idea of private beaches altogether.
“No beach should be privately owned," said Marion Abnett. "No one should own the God-given sky, ocean, beach to keep others out. What happened to our Southern hospitality?”
Commissioner Steve Stroberger emphasized property rights while also recognizing the access problem.
“No person shall be deprived of life, liberty, and property without due process of law,” Stroberger said.
He also posed a question that seemed to capture the tension in the room.
“When do we stop taking private property?”
The county is looking at alternatives such as expanding parking and reducing costs at Johnson Beach — possibly purchasing additional access points.
The underlying issue remains unresolved.
