The Tribune

By ANNELIA NIXON

TRIBUNE Business Reporter

anixon@tribunemedia.net

A BEACH advocacy organisation is warning that the removal of the Cabbage Beach fence, while welcome, does not address the wider legal and economic uncertainty surrounding public access to the nation’s beaches.

Dis We Beach said the dispute should serve as a catalyst for the Government to establish permanent protections for recognised beach access points rather than continuing to rely on isolated intervention, negotiations with developers and public pressure whenever access is threatened.

“From the Dis We Beach perspective, however, this issue is much bigger than one fence,” it said. “The fence coming down is important, but it does not solve the underlying problem: The Bahamas still does not have laws that adequately protect public access to our beaches.”

The organisation said existing laws protect the high water mark but do not provide sufficient protection for the public’s ability to reach the coastline.

“We have laws protecting the high water mark, but not the public’s right to get to it,” Dis We Beach said. “That means Bahamians are still forced to rely on government intervention, developer agreements and public pressure whenever access is threatened. That is not enough.”

Dis We Beach is now calling on the Government to identify and publicly release all recognised beach access points throughout The Bahamas, establish how those access points will be protected and provide a plan to restore historical access points that have already been lost or restricted.

The organisation pointed specifically to Cabbage Beach, where the recent fencing dispute sparked concern among vendors, watersports operators and other businesses whose livelihoods depend on visitors being able to reach the beach.

“Cabbage Beach is a clear example,” Dis We Beach said. “While attention is now focused on the recent fencing, the historic eastern access point has reportedly been closed to Bahamians for approximately a year and is now guarded by private security.”

Dis We Beach said it was also receiving reports of access points being locked or restricted at Love Beach, an area near Sun Fun, also known as Rock Point, and other locations in New Providence. The group argued that the recurring disputes point to a structural weakness in the country’s approach to beach access.

“The question cannot continue to be, ‘Will Government intervene this time?’” Dis We Beach said. “The question has to become: ‘What legal protection exists to ensure Bahamians cannot lose access in the first place?’”

Alexis Lloyd, who has operated a chair and umbrella business at Cabbage Beach for 26 years while also providing souvenirs, towel rentals and watersports, said the fence’s removal has provided a sense of relief among operators.

“I feel we get hope,” he said. “I feel not non-stress any more, and don’t have to worry about the foreign investors taking advantage of the Bahamian people and The Bahamas. And the government listening. The Government is with the people.” 

Mr Lloyd’s business has operated at the beach for more than two decades, underscoring the extent to which small Bahamian businesses have become economically tied to access to the location. When asked about the potential financial consequences had access to the beach been restricted, he said the losses would have been significant.

“You can make $1,000 a day,” Mr Lloyd said. “You could make $2,000 a day sometimes. And you’ll never know what you lose. It’ll be a big financial loss.” 

His concerns were echoed by Tyrone Butler, president of the Bahamas Taxi Cab Union, who said Cabbage Beach plays an important role with visitors because of its popularity with cruise passengers.

“At some point the Government has got to step in and remedy that situation because the beach over there is a very popular beach for visitors from the cruise port,” Mr Butler said. “A good chunk of the cruise passengers that come off the cruise ship have always found that beach to be a favourable beach for them to go. It’s good. It has more activity than, say, Junkanoo Beach and it’s bigger.”

Mr Butler said the Government must ensure that development does not ultimately eliminate public access to the beach, particularly given the number of Bahamians who depend on the location to earn a living. He suggested that a clearly defined access route could be established without unnecessarily interfering with private development.

“The property can’t be completely sold in its entirety where it blocks out public access,” he said. “And so the Government has to go in and perhaps pave out a path to the beach that doesn’t impede the developers’ right to develop the property.” 

Dis We Beach said the Government should now use the situation to establish a framework that prevents similar conflicts from recurring.

“A workable solution should give both developers and the public certainty,” Dis We Beach said. “Developers should know the boundaries of their property rights, and Bahamians should have clearly defined, legally protected routes to access their beaches.”

Such a framework, the organisation argued, would also provide greater certainty for businesses that have invested years in building livelihoods around popular public beaches.

For the tourism industry, that certainty could be particularly important as the country continues to depend heavily on visitor spending and the network of small Bahamian businesses that service visitors outside of traditional hotel and resort operations. Dis We Beach maintained that beach access should ultimately be treated as a matter of law rather than something dependent on whether a particular dispute generates enough public attention.

“Beach access should not depend on goodwill, negotiation or public outcry,” the organisation said. “It should be protected by law.”