“If you pass this ordinance,” Plaza Beach Motel owner Rob Czyszczon told St. Pete Beach commissioners in June, “there will be consequences. There most likely will be a lawsuit.”
Less than two weeks later, Plaza Beach Motel and Undertow Beach Bar followed through, filing a federal lawsuit challenging the city’s new beach sign ordinance.
Although the lawsuit was filed last month, the case has seen little activity beyond procedural filings while the city sought additional time to respond.
Three weeks after that, Czyszczon was arrested in an unrelated Florida Fish and Wildlife Conservation Commission investigation alleging he participated in scattering hundreds of mothballs throughout a black skimmer nesting area behind his hotel.
The civil lawsuit and criminal case have nothing to do with one another. Together they have thrust Czyszczon into two separate legal battles involving St. Pete Beach.
The dispute has grown beyond beachfront signs into a broader debate over private property rights, public beach access and Florida’s customary use doctrine.
Commissioners approved Ordinance 2026-11 in June. It prohibits permanent signs, stakes, posts and similar structures within 50 feet of the Gulf while allowing removable A-frame signs elsewhere on the beach under certain conditions.
Plaza Beach Motel and Undertow Beach Bar say the city unfairly singled out beachfront property owners by prohibiting their signs closest to the water while allowing government signs in the same area. They also object to restrictions limiting where signs may be placed and requiring city approval for certain signs, saying the rules make it harder to identify private property and discourage trespassing.
In the lawsuit, the businesses ask a federal judge to declare the ordinance unconstitutional, prevent the city from enforcing it and award damages and attorneys’ fees.
The issue came to a head during the June City Commission meeting where residents and beachfront business owners clashed over the city’s proposed sign ordinance.
Underlying the debate was Florida’s customary use doctrine, a legal principle recognizing that privately owned dry sand beaches may still be subject to public recreational rights if those rights have been established through longstanding public use. Supporters of the ordinance argued those rights should be preserved.
Resident Dominic Isgro told commissioners. “We have those rights, and we insist on them.”
Resident Deborah Schechtman focused on the signs themselves, describing one of the larger displays as “egregious.”
“What we have here,” she said, “are hotels trying to take over our right to walk on the beach.”
Beachfront business owners saw it differently.
“We are not telling anybody they cannot walk the beach,” Czyszczon told commissioners before the ordinance was adopted. “We just don’t want you parking on the beach and staying on private property.”
Beachfront businesses returned to that point throughout the debate, saying clearly marked property lines protect guests and help deputies enforce trespassing laws.
The city later devoted a public seminar to Florida’s customary use doctrine. City Attorney Ralf Brookes explained to the audience how the doctrine applies on St. Pete Beach, telling residents that a beachfront parcel can remain privately owned while also being subject to customary use rights. He also discussed recent court decisions and the city’s legal history with customary use.
The city has not yet filed its response in federal court.
Last week, a federal judge granted the city’s unopposed request for an additional 20 days to respond, extending its deadline to Aug. 19. In its motion, the city said it needed additional time because of the complexity of the constitutional claims and the recent engagement of outside counsel. Plaintiffs did not object to the request.
Asked about the case, city spokesperson Marc Portugal said the ordinance was adopted to address safety concerns.
“St. Pete Beach is concerned that rebar, posts, stakes and signs at the waterline creates a public safety hazard for beachgoers,” Portugal said. “The City is confident that the beach sign ordinance will withstand judicial review or make appropriate amendments.”
This content provided in partnership with StPeteCatalyst.com
