07/20/2018
Press Release: The Virginia Four Wheel Drive Association Files Lawsuit To Block New Currituck County Beach Parking Fee
Currituck County-On June 21st, 2018, The Virginia Four Wheel Drive Association and Vice President Sandy Schneirla, filed a motion for injunctive relief in a North Carolina Superior Court. The lawsuit is in reaction to new fees being imposed on non-residents in the Currituck County in order to park their vehicles on the beaches. At this time, the scheduled date for this preliminary injunction hearing in Currituck County Courthouse is July 30.
The Currituck County Commissioners voted 5-1 to instate an ordinance requiring non-residents of the county to pay a fee to park on the beach. The new fees went into effect on May 28, 2018 in Chapter 10 Article II of the Currituck County Code of Ordinances. Under the new regulation, non-residents are made to pay a $150.00 fee for the summer in order to park on the beach. The fee applies to both out-of-state visitors as well as North Carolina residents from outside of Currituck County equally.
Commissioner Mike Hall, who voted against the fee, said, “We’re not here to discourage day-trippers. We have other beaches; we have a lot of parking areas; we’ve added places where you can find out what’s available for you to go visit.”
The Virginia Four Wheel Drive Association stands firmly against this fee. It is vital that, for the growth of our organization and hobby, beach vehicle access for all be promoted and protected now and forever. A victory in this lawsuit will allow members of our organization and others who share our passion to continue to do what we love and experience all that off-roading and our coasts have to offer. National shorelines and public beaches are just that—public. It is our aim to ensure that the rights of everyone who has been endowed with the rights to enjoy our landscape will always be able to do so.
The Constitution of North Carolina states in Section I Section 32 that “No person or set of persons is entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services.” A Superior Court will now weigh whether or not Currituck County is depriving non-residents of the right to drive on the beach by enforcing the $150.00 fee.
“By the Defendant requiring non-county residents to pay a substantial monetary fee for a permit to enjoy the public areas of North Carolina located in Currituck County yet not require any payment from residents of Currituck County, amounts to an unconstitutional private emolument to the residents of Currituck County who park upon the beaches in that county.” -Edwin Hardy, Attorney for the Plaintiffs. “The Plaintiffs, as shown above, have a very good likelihood of prevailing in this action for injunctive relief and award of damages,” said Hardy.
We ask for any and all support our members and others who love off-roading can offer as this lawsuit takes place. www.va4wda.org
