ii Bargain hunters' paradise Memorial Day sales abound Since 1961 Still first on Sanibel and Captiva islands VOL. 32, NO. 23 , 1993 3 SECTIONS, 32 PAGES 50 CENTS Attornef wants status of nude cases uneowered By Steve Ruediger Islander staff writer A judge dismissed the nudity statute charges against the Bowman's Beach nudists last week. The attorney for the nudists now wants it determined if that also dismisses the disorderly conduct charges. In any event, according to attorney Stuart M. Pepper, the dismissal of the nude statute charges makes it obvious that law cannot be used by police against people wanting to sunbathe nude on Bowman's Beach. Three individuals had pled not guilty after being charged on April 11 with being nude on Bowman's Beach. They were charged under a Florida law making illegal lewd and lascivious nudity. Pepper argued before County Judge Radford S. Sturgis on May 17 that his three clients were only nude and that legal precedent going back more than a decade indicates Phot by Kathleen Blase that it is not illegal under the state statute to be nude if nothing lewd or lascivious is being done. A picturesque view Sturgis told the state that unless it could come up with precedent that contradicted the precedent presented by When the Sanibel Causeway opened 30 years ago, the city's boat ramp did not exist Both of the much-used structures are visible in this picturesque view from under the Australian pines on the bay side of Sanibel near the Pepper, the cases would have to be dismissed. The judge Tennisplace Condominiums. commented that would, in effect, mean it would be legal to be nude on Bowman's. The state was given 10 days. Instead of coming up with new precedent, State Erosion increases need for project Attorney Joe D1 Alessandro's office changed the charges to disorderly conduct. The Florida disorderly conduct law being used by the state attorney has in the past been on southern Captiva, northern Sanibel declared unconstitutional by the U.S. Supreme Court By Steve Ruediger Discussing the erosion and the efforts to get funding for because it is overly vague. islander staff writer a Blind Pass area project, Captiva Erosion Prevention The state attorney's office did not change the case num- The most recent six month survey of beach erosion on District Administrator Alison Hagerup told the board at bers when it changed the charges and Sturgis early last Captiva and northern Sanibel showed sand volume erosion last Wednesday's monthly meeting that such a project week dismissed those cases. on both islands, with the Captiva erosion predominantly at would widen the south Captiva beaches by 60 feet. Pepper said late last week that he will seek to get it the south end. It would be a feeder beach for northern Sanibel which clarified that the judge meant to dismiss both the nudity 1 The April measurements by Coastal Planning and would produce that widening. Most sand in the proposed and the disorderly conduct charges. Engineering blamed March storms for part of the erosion. project would be placed directly on northern Sanibel. Pepper said that if the state attempts to claim the disor- During the most recent six month, Captiva's shoreline Hagerup said if funding efforts went smoothly, it would derly conduct charges were later charges still irj effect, he on average advanced by 2.2 feet but lost 58,500 cubic be about a year before a project could be started. will argue that his clients are being.subjected to unconsti- yards of sand. The average 2.2 foot advance covers wide The Lee County Tourist Development Council recently tutional double jeopardy. variations in individual locations ranging from an advance approved spending $621,000 on a Blind Pass beach A fourth person arrested on April II pled guilty and of 50.1 feet in one location to a retreat of 38.7 feet in renourishment project. paid a fine. another. Hagerup recently went to Tallahassee to discuss state Despite the fact that another judge has ruled that the Northern Sanibel, in contrast, saw an average 22.9 feet funding with Department of Natural Resources officials. state law cannot be used to arrest people for simply being of erosion, with variations ranging from a 64.6 foot She said she was told that funding is tight but that officials nude, there is no indication locally or elsewhere that police advance in one location to a 47.9 foot retreat in another. would bend over backwards to seek funding for a Blind officers will stop making such arrests. Northern Sanibel lost a total of 124,900 cubic yards of In some of the earlier cases, individuals have sued the sand in the previous six month period. Please see CEPD, page 11A local governments for false arrest. City boating regulations speed toward law By Frances Adams law against speeding in areas of Sanibel feet off shore, within 500 feet of a beach, Arts & Leisure 5B Islander staff writer waters. Or, sort of a law. If it is passed and within 500 feetof.the Sanibel boat ramp Business 8B Sanibel is considering an ordinance — made law, it will be operative only where facility or any other public launching area, Classifieds 5C the Vessel and Boating Law — that propos- Sanibel posts speed limits. and within 500 feet of the Sanibel Fishing es to regulate the behavior of humans and Commentary 1C The ordinance's stated purpose is made Pier. their vessels on and in Sanibel's waters. clear right up front — primarily public safe- Designated slow speed (through-the- Environment 8C The proposed ordinance would designate ty. But the primary purpose also include the water speed less than 8 mph, not planing or Police Beat 2A speed zones and areas for regulated water protection of Sanibel's shoreline and mana- moving with an elevated bow) zones any Permits & Deeds 4C activities, regulate personal watercraft, and tees. The secondary effect would be protec- slow-speed posted manatee sanctuaries, any Recreation 3C prohibit unsafe operation of watercraft, fish- tion of the natural systems, marine life, sea interior water body other than a canal, with- ing on the boat ramp and obstruction of Scuba Scoop 4A grasses and mudflats. in 300 feet of any mangrove area or bird waterways. Designated idle speed (no wake) zones rookery or regular roosting or nesting area, Weather Watch 4A Because speed regulations are the main are idle- speed posted manatee sanctuaries, thrust, one could basically call it a proposed any canal, any entrance to a canal from 500 Please see SPEED, page 1 ©A 2A THE ISLANDER Tuesday. June 8.1993 Tuesday. June 8. i993 THE ISLANDER 3A All the following information came directly from the Roger S. Debord of Fort Myers was charged on Sanibel Police Department reports. Tuesday, June 1, with going 54 mph on Sanibel-Captiva POLICE Road. '• , <!'-.: • On Sunday, May 30, a man in his 30s, wearing a pony- LIVE ON THE BEACH tail, rode up on a bicycle to the Sanibel Recreation Center, An alligator has been trying to get to a resident's small BEAT ® Panoramic View From Every Room climbed over the fence, swam briefly in the pool, then dog at a Periwinkle Way home, the dog owner reported to climbed back over the fence and rode away on his bicycle. police on June 1. The alligator allegedly has been banging • Beautiful Natural Vegetation on the patio door, but leaves when people are around. • 2 Bd/2 BA/124' of GULF FRONT Noise on Cardium Street was quieted by police early Police forwarded a report on the situation to Assistant City Robert E. Greaves was charged on Sunday, May 30, Wednesday morning, June 2. with going 53 on Sanibel-Captiva Road. • Offered at $1,300,000 Unfurnished Manager Bill Mills. • Call Ruth Hamann, 472-9035 VIP REALTY GROUP INC. A Sanibel woman ordered two of her daughter's girl- A baby osprey found on the ground at the Tarpon Bay friends off her property on Monday, May 31, because she Beach Access by police on May 31 was placed back in a did not think they were the type of people with whom her tree. daughter should associate. This left the two young women bX*~ A hit-and-run accident took place on May 31 in the stranded with no way to get home to Fort Myers. Police - 1 Jit* AOCAI ED IN BAIUrS SHOPPING CEN1ER. SANIBEl. parking lot of the Eckerd Drug Store. A white car hit a car L drove them as far as the toll plaza. • Executive Home. Perfect for Entertaining " Third FlborTwo 'Bedrob"rn"'Two"Bath" driven by Ada M. Breeman of New Jersey. When she went • 3 Bedrms/2 Baths, Workshop, Storage, Dumbwaiter • Sparkling Water Views of Downtown Ft. Myers • High Grossing Rental Unit • Wrap-around Screen Porches, Bay Window Dining 4.4 +/- Landscaped Acres/Boathouse with Dock New Paint, Carpet, Couches, etc. The Sanibel Department of Public Works, which picked to call police, the driver of the other car drove away. He • Nine Foot Ceilings, Walk to Gulf Beach, Over One Acre Excellent Value at $1,195,000 • Yours for Only $399,000 Furnished "THINK SUMMER! THINK FIINNV! THINK HIT! was described as a white male in his 60s with white bushy • Reasonably Priced at $345,000 Call Marlene Donaldson at 395-0371 Evenings • Call David Shuldenlrei CRS, GRI at 466-0514 THINK 'DAVE'!" up a dead alligator on May 31, noted to Sanibel police • Call and Ask for HAP CONNELLY at 472-0005 - Pit TIN I in*.