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Thursday, April 10, 2008

Is this a public right of way?


A reader wrote wondering about the Chart House's closing of the walkway behind the restaurant. Is this their private property or is it a right of way for citizens? Are they permitted to close this area for private parties?

The reader was told to go away during a private party when he tried to walk from Scotty's Landing, behind the Chart House, to Monty's.

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10 Comments:

Blogger SILK said...

i think your reader is asking about the sidewalk along the bay, not bayshore drive. and it is public right of way, i had a party there, however there were no guards there telling people they couldn't pass through.

April 10, 2008 2:00 PM  
Anonymous Anonymous said...

I am pretty sure the sidewalk that runs from Monty's to Scotty's is a public right of way; it is maintained by city people and, from what I've seen from riding my bike through it, it is usually open. There is a sign by the new marina that says that it is closed from 1 am to 5 am or so and to call the dockmaster if you want it open.

It's a shame that so many things that are legal (e.g., going into that street at the end of Hardie that goes into the bay) are slowly privatized and people lose their rights.

April 10, 2008 2:20 PM  
Anonymous Anonymous said...

I run by there often and occasionally can't get through due to parties. I would think the party goers would prefer to get out of the way of a sweaty runner, but, not only is it difficult to navigate through, the people won't move. You don't need a guard or a rope to make a place inaccessible--all you need is a cluster of inconsiderate people. I am not talking about inconveniencing them by moving tables or chairs--merely stepping aside so we can all go about the business of our interconnected lives.

April 10, 2008 4:52 PM  
Anonymous Anonymous said...

To the last anonymous.

Think about it from these people's point of view.

They go to a party. They don't have to know that this is a public right of way, on the contrary, they have all the right to assume that this is a private area, else, why have the party.

So, to them, you are just an inconvenient, catankerous runner who just wants to crash their party.

It is up to the party organizer and to the City of Miami when it grants permission to make sure everyone knows that this is a public way.

Personally, if i was in a party, and some guy insisted on jogging in the middle of the party, I think I would not get out of the way either.

April 11, 2008 9:53 AM  
Anonymous Anonymous said...

Len Scinto:

This is the kind of thing I was talking about in the previous post when I said the coast should be open to the entire public. Why should someone with private interests be able to profit by taking away public rights? If this is a public area then are the taxpayers subsidizing the charthouse...do they need that kind of charity? I am not against the business making money, creating jobs, etc. so please don't start that arguement. But the publics right to public use should be respected.

April 11, 2008 10:34 AM  
Anonymous Anonymous said...

is the "people's" point of view--that's the point. We are a collective of people with collective needs; sometimes in conflict; always in need of coordination. It doesn’t take a rocket scientist to figure out the situation. I hardly think the patrons would take over other sections of the restaurant where other diners are eating, for instance, or block their way to the bathroom. The middle of the party isn't the sidewalk. And making a path for the few seconds it takes me to run through (along with my stream of "excuses mes" and thank-yous") is hardly inconvenient.

Recently I was at the scene of a tragic accident on 17th Ave and Dixie. People not only ignored the emergency vehicles in their attempt to reach the incident, but many decided to drive through the scene (swerving around the “inconvenient” body lying in the middle of the street) and honk their horn in discontent. Although these situations are not comparable in severity, the egocentric attitudes are similar.

Oh--and I'm not cantankerous...Or a guy...(grin).

April 11, 2008 11:08 AM  
Anonymous Anonymous said...

to the last anonymous,
I agree with you 100% and am aghast at what you wrote about the people driving & honking through the accident scene. Are you serious? That's perhaps the one disgusting thing I haven't seen in Miami.

April 11, 2008 12:32 PM  
Anonymous Anonymous said...

The walkway is part of the "Baywalk" and is public right of way. Chart House is not even supposed to have tables there, and they surely should not be holding private parties there and blocking people from walking through. If they do, let the City know and they will be told to keep it open. This has happened before and they were told to get their tables off the sidewalk.

April 11, 2008 5:31 PM  
Anonymous Anonymous said...

Or... do what I do... take tons of pictures of the party, the tables, the people. Then send them to the city government, so there are no excuses.

Plus... the people in the party hate that you take picturs. However, since it is a public right of way, there's nothing they can do.

April 11, 2008 7:38 PM  
Anonymous Anonymous said...

I was also on the scene of the motorcycle accident on us1 and 17th. As we were there trying to help this poor guy in the middle of the road, people were indeed honking and making a scene at this terrible accident. (btw, the guy survived, very very bad condition, still in ICU but alive none the less.)

April 12, 2008 1:28 AM  

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