Concerns rise over for-profit use of public parks and beaches
BY PRU SOWERS
KONK LIFE STAFF WRITER
When it comes to Key West’s public parks and beaches, just how far does the term “public” extend?
That’s the question City Commissioner Teri Johnston wants to address and which city staff is now researching. While there is a long history of private events such as weddings, yoga classes and free movies using Higgs Beach and Bayview Park, the number of for-profit businesses using public spaces for their own use is rising to the point where it is becoming intrusive, Johnston said. She cited an unnamed gym owner who recently began using Bayview Park for many of his fitness classes.
“How do we handle our residents or visitors who are using public property for private profit?” she said. “This type of activity is increasing. It’s on a really steep rise as rents go up.”
Johnston cited a proposed plan to create a fitness trail at Higgs Beach, where the city would install different exercise stations at intervals along the trail. The fear is that local fitness trainers will use the trail for their clients, perhaps monopolizing the facilities. There is also a concern about the city’s liability if someone is injured on public property during a private exercise class.
Options include requiring private businesses to register with the city to use public property. That registration might include a fee, insurance coverage and licensing requirements.
“There are a lot of new businesses springing up right now. We either make some policy decisions or we don’t,” Johnston said.
“It’s about protecting ourselves,” said City Commissioner Jimmy Weekley, who agreed with Johnston to direct city staff to research the issue and come back to the commission with recommendations.
Commissioner Billy Wardlow said that while he agreed with imposing some insurance and licensing requirements on private classes or weddings, he did not think a fee was necessary.
“As long as they have a license and insurance so the city is cleared, I don’t have a problem with it. They are paying taxes to use the property,” he said.
But Johnston said there are many non-residents who come to Key West to get married on the beach and who do not contact the city to learn the logistics of using public property or to ask permission. She asked her commission colleagues to direct city staff to hold a public workshop with local business owners and event planners to get their input on possible use requirements for public spaces. City Manager Jim Scholl said he will do that.
“We will figure out a date and a venue and a time. And if we can identify the individuals, we’ll call them in and have a discussion,” he said.
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Just a thought on what can quickly become a really thorny problem: Park Use. Especially when there’s easy money involved.
The Florida Park Service uses a general, overarching rule of thumb that, while not providing a magically easy solution to all park use questions, can help maintain a good compass heading toward lasting community enjoyment of any park.
Long ago, they identified the average, daily park visitor as their principal client.
So, if you decided to turn off the computer, right now, and go over to Fort Zach for a swim, your enjoyment of the natural environment will exceed, in general, any claim to preferential park use by any for – profit activity organizers.
Are there special events in the park?
Yes, but they are NOT a feature of daily life for park visitors.
( Think : Race Boats, THE National Holy Day of Obligation for Conch Republicans. Where do rank and file Conchs go to watch the races? E-Z.
Fort Zach.)
Long experience has taught park management to carefully watch the volume of special events as they try to show up on the park’s annual calendar. It’s a big part of what they get paid to do… for their principal clients.
And limiting the noise level, perfectly, is not, as some private sector virtuosos would have us believe: ‘all gum’mint boilerplate’.
Real Park Managers know: “It’s a park, so less is often, almost always, more.”
One big caveat to anyone involved on the community side of the for – profit park use question: Think long and hard about entering ANY contractual arrangement with ANY private user for even the finest reasons. Let one contract go, and you’ll have a line of worthy applicants around the block in no time. In the future, if there are community voiced questions about excess private sector in – park presence, expect valiant attorneys to argue that, no matter what, THEIR clients have an abiding – Yea! – A Perpetual Right, to enjoy for – profit, in park use!
Consider, please: As time goes by, the Local Community may come to realize that there are way too many special users present every time they feel like taking a walk in the park. Then what?
Will other, newer lawyers will be found, demanding their newer clients receive “equal treatment” with prior, ‘original’, licensees….with even more park licenses?
So, how many Private client/operators can you jam into ANY small, quiet, island park? Whatever the number is – or isn’t – it needs to support the always great notion that the casual park visitor is the park’s chiefest client.
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