Escambia commissioners weigh ‘customary use’ for Perdido Key beaches, direct staff to expand access

The Escambia County Board of County Commissioners heard hours of public testimony about whether to pursue a "customary use" overlay for parts of Perdido Key, then directed staff to explore ways to expand beach access and parking rather than vote on an ordinance.

Citizens, condo owners and civic groups offered sharply differing views during the public hearing. Tony Hobbs urged caution, saying "a thorough evidentiary review must take place before voting on a customary‑use ordinance," and recommended outside legal counsel to avoid misguided litigation. Condo leaders said private owners have invested heavily to restore dunes and maintain property and warned that a county push could trigger costly lawsuits; Joseph Klein, president of Indigo Condominium, told commissioners the effort would be “futile” and unconstitutional for many parcels.

Opponents of a county‑led customary‑use declaration argued that legal precedent and parcel‑specific deeds limit the county's ability to convert privately owned dry sand into public use. La Playa board member Tony Reeves cited a 1978 final judgment (Napier Eaton Pelt) that he said already rejected the county’s public‑use claims for properties in question.

At the same time, other speakers asked the board to preserve and expand public access. Several longtime residents and visitors called for lower entry fees at Johnson's Beach and more parking, saying high fees and reduced amenities have limited access. Commissioner May said she is "always on the side of giving citizens public access" but also stressed that any action must be legally defensible. Commissioner Strohberger told the board he favored increasing public access but emphasized property‑rights limits, saying the Fifth and Fourteenth Amendments require due process and just compensation when private property is taken.

County counsel told the board there was "no ordinance before you" and that staff needs explicit direction to prepare any legal language or public hearing. Rather than seek a vote on a customary‑use declaration today, the board unanimously supported asking staff to return with proposals to increase access, explore reduced Johnson Beach rates, partner with state parks and pursue targeted property acquisitions or parking solutions.

Votes at a glance: the board approved several consent and procedural items during the meeting by voice vote, each recorded as 4‑0; at the end of the discussion the motion to move relevant agenda items (items 1 and 2, including subitems) passed 4‑0.

The board did not adopt any ordinance or declare customary use at this meeting; counsel and commissioners said the next steps will be staff reports and potential ordinance drafts returned to the board for a future public hearing.