Latest CU argument filled with holes

The latest volley in the customary use battle comes from a recent guest column in several newspapers written by local restauranteur David Rauschkolb. His imaginative argument is that “customary use is not a private property rights issue.”

Such sophistry ranks up there with Yogi Berra’s best: “It’s deja vu all over again.” “You can observe a lot by watching.” “When you get to the fork in the road, take it.”

The public use of private property is not about private property, according to our restauranteur. Such a tautology makes you scratch your head and mumble, “Say what?”

He states, “we all have a right to access, use and enjoy our shared coastal American border.” Ever wonder where this “right” comes from? Does it come with a venti latte at Starbucks? Do you get it when you rent a beach chair? Don’t bother to check the U.S. Constitution. It’s not there.

He continues, “No entity, regardless of ownership, may deny or exclude Americans or international visitors from freely and lawfully accessing and using our American beaches from the dune line to the mean high tide waterline.” In case you’re tempted to think legislators in Tallahassee wrote those words, wait. Our writer adds, “these words should be all that is needed in a federal or state law.” Ah, ha! Now he’s writing law.

He appeals to the “shared Coastal Heritage on our beaches.” Sounds patriotic enough to make you stand up and salute. However, it’s another example of a fertile imagination. What’s a “shared Coastal Heritage?”

Finally, he argues, “the sandy areas of our beaches may never be called ‘private’ because the land they purchased is constantly on the move by tidal action, wind, and storms.” Got that, Yogi?

Better hope you don’t have erosion from the creek behind your house, or else they’ll take away your private property — it isn’t private if it’s “on the move.”

Art Miller, Miramar Beach