Daytona Beach, FL – A pro-beach driving group’s effort to prevent more vehicle-free beach zones in Volusia County is shot down in court.
In a ruling issued Tuesday, 7th Circuit Judge Sandra Upchurch dismissed the lawsuit filed by Sons Of The Beach in July without prejudice. A hearing on the lawsuit took place December 21st at the Volusia County Courthouse in DeLand.
In that lawsuit, SOTB claimed Volusia County doesn’t have the power to enforce 3 beach driving ordinances passed by Volusia County Council in May.
2 of the ordinances create vehicle-free zones on the beach in front of the proposed Hard Rock and Westin hotels in Daytona Beach.
The 3rd ordinance lays out criteria property owners must meet if they want to request vehicle-free beach zones for their projects in the core tourist zone in Daytona Beach. That’s roughly defined as between University Boulevard and Silver Beach Avenue.
SOTB argued that the county council violated the public’s constitutional right to access by allowing vehicle-free beach zones for private entities, but Upchurch sided with the county’s claim that vehicle access to the beach isn’t a constitutional right.
Click here to read Upchurch’s full ruling.
Copyright 2016 Southern Stone Communications.