BELLEAIR SHORE, Fla. — At the Pinellas County Courthouse, there is an ongoing court battle between Belleair Shore and a Belleair Beach resident.
The neighboring towns are at odds against a local ordinance banning temporary shade structures.
For 2.5 years, all umbrellas and temporary shade structures were banned on Belleair Shore beaches. In December 2022, the town of Belleair Shore changed its ordinance to allow umbrellas on the beach, with some restrictions.
The updated ordinance reads, "It shall be prohibited and no person shall: Within lots 21, 43, and 66, to erect, possess, or cause to be erected any tent, canopy, temporary shade structure or recreation structure on the beach within the incorporated limits of the town except umbrellas of no more than 7½ feet in diameter with a single pole of not more than eight feet in length. Only residents and homeowners with proof of residency may erect a tent, canopy, beach umbrella or temporary shade structure on the beach areas behind their homes for no more than three consecutive days."
To simplify – this means anyone can now use an umbrella on the beach. And only Belleair Shore residents can use tents and other large temporary shade structures.
This change came after a Belleair Beach resident was the first to be ticketed for violating the ordinance. He was fined over $100 for the violation.
"We would like to have our umbrellas back," Pete Redero said. "That's really what it comes down to. We'd like the protection for our young ones, for our grandchildren."
There are four Belleair Shore beach accesses. Three of them are now allowed to have umbrellas in use. All of these beaches are the go-to beach for many Belleair Beach residents.
Joseph Manzo, a resident of Belleair Beach, has taken the town of Belleair Shore to court over the ban. Dozens of residents have shared their support for Manzo, calling the ban an overstep.
"They're going to have to stop discriminating against the Belleair Beach residents and the citizens of Florida because any Florida resident can use that wet sand," Manzo said.
The town of Belleair Shore's argument in this case – umbrellas can be dangerous at the beach.
"It's a windy day today, they can become unmoored," Martin Champagne, the attorney representing Belleair Shore, said. "There are cases where people have been struck and killed by umbrellas. And that's all we have to offer."
Belleair Shore has to prove a rational basis that the restrictions are constitutional. Both parties made their arguments to the judge. His verdict is expected next week.
What's decided in this case could set a precedent for restrictions allowed on all Florida beaches. If you violate any of the ordinances in place at Belleair Shore, it's a $116 ticket.
Malique Rankin is a general assignment reporter with 10 Tampa Bay. You can email her story ideas at mrankin@10tampabay.com and follow her Facebook, Twitter, and Instagram pages.