The Customary Use Doctrine

The Customary Use Doctrine
Post@thetampapost.com

(Video: by John Carroll)

The legal battle in Redington Beach centered around the public’s right to access portions of the beach traditionally used by residents and visitors, despite these areas being privately owned. The town passed an ordinance in June 2018 under the “customary use” doctrine, which allows continued public use of certain areas that have been historically accessible to the public. This ordinance was challenged in court by beachfront property owners, leading to a lengthy legal dispute.

Initially, a district court ruled in favor of the property owners, declaring the town’s ordinance void. However, Redington Beach appealed the decision. In August 2024, the U.S. Court of Appeals for the 11th Circuit overturned the lower court’s decision, affirming the town’s ordinance. The appellate court ruled that the public had indeed established a right to use the dry-sand portions of the beach based on long-standing historical use. This decision reinforced Florida’s customary use doctrine, which has been a critical legal tool in ensuring public beach access.

The town presented extensive historical evidence during the trial, including records dating back to 1935, when the town’s founder, Charles Redington, donated beach access points for public use. The appellate court recognized this history as proof of the public’s established rights. The court also acknowledged that Redington Beach had made efforts to balance public access with private property rights by proposing reasonable restrictions, such as limiting the height of beach umbrellas and designating specific areas for beach equipment to avoid encroaching on private property​( WUSF, Tidings Town, WMNF 88.5 FM).

This ruling is significant not just for Redington Beach but for other Florida communities facing similar challenges with beach access. It sets a precedent for how the customary use doctrine can be applied to protect public access to beaches while respecting private property rights​(Florida Realtors,Town of Redington Beach).

The Customary Use Doctrine
Post@thetampapost.com