Federal case complicates St. Pete Beach sign crackdown

St. Pete Beach’s effort to enforce its new beach sign ordinance has run into the federal lawsuit challenging whether the city can enforce the law at all.

The issue reached the city’s special magistrate Monday, where attorneys debated whether St. Pete Beach should proceed with a code enforcement case against signs at the Plaza Beach Resort while a federal judge considers a request to block enforcement of the ordinance.

Special Magistrate Erica Augello continued the case until Oct. 12, giving the federal litigation more time to develop while making clear that the local enforcement case will not remain on hold indefinitely.

The City of St. Pete Beach argues the ordinance regulates the size, location and physical structure of signs rather than their message and says the restrictions address safety, emergency access, wildlife and other beach-management concerns. File photo.

The dispute involves signs at 4506 Gulf Blvd., where the city alleges Plaza Beach Resort is violating an ordinance that prohibits private signs, stakes, posts and similar structures within 50 feet of the mean high-water line or visible Gulf water line, whichever extends farther inland. The ordinance makes an exception for certain governmental signs.

Attorney Timothy Weber, representing the property owners and Plaza Beach, opened Monday’s case by asking Augello to postpone enforcement while a motion for preliminary injunction remains pending in federal court.

“We filed a lawsuit in federal court challenging it on First Amendment grounds,” Weber said. “We would ask that this at least be put off until the federal court has a chance to rule on the constitutionality of the newly adopted sign code.”

Plaza Beach Motel and Undertow Beach Bar sued the city in July, less than two weeks after commissioners approved Ordinance 2026-11.

The businesses argue the city improperly restricted private speech while allowing some government signs in the same area. They also contend the restrictions interfere with their ability to identify private property and provide notice against trespassing.

St. Pete Beach has denied those claims. The city argues the ordinance regulates the size, location and physical structure of signs rather than their message and says the restrictions address safety, emergency access, wildlife and other beach-management concerns.

The city opposed delaying its code case solely because the federal lawsuit remains pending.

“I’ve got no information that we are prohibited by your lawsuit from enforcing our ordinance,” a city code enforcement official said.

Augello then raised a separate question about a Florida law governing challenges to recently adopted municipal ordinances.

Florida Statute 166.0411 requires a municipality to suspend enforcement of a recently adopted ordinance when several conditions are met, including that the plaintiff request suspension in the initial complaint and specifically cite the statute.

Weber said the federal lawsuit includes preemption claims and seeks temporary and permanent injunctive relief, but acknowledged that the complaint did not cite the statute.

Augello said she did not want to prevent the city from presenting its case, but also did not want the city enforcing its ordinance if state law prohibited it from doing so.

Her initial plan was to hear the city’s evidence and Plaza Beach’s response, make factual findings and hold any resulting fines in abeyance while the federal court considered the preliminary injunction.

That did not happen Monday because Weber requested a continuance, saying his client was out of town and could not testify.

Augello granted the request, although she said it appeared “a little bit strategic.” She noted that she generally grants a first continuance and warned that another would not be granted simply because the respondent failed to appear.

The enforcement case stems from a June 1 inspection. The city mailed a notice of violation Aug. 11 and posted notice of Monday’s hearing Sept. 1.

The ordinance grew out of a months-long fight over “Private Property” and “No Trespassing” signs along St. Pete Beach. Residents argued the signs discouraged longstanding public recreational use of portions of the beach, while beachfront businesses said they needed to identify property boundaries and keep non-guests from setting up chairs, umbrellas and other equipment on privately owned land.

Those questions remain before the federal court. The local code case, however, now has another date on the calendar.

Augello told Weber to make sure his client appears Oct. 12 and said the city’s case will proceed unless something changes in federal court before then.

“We will move forward with the finding of fact,” Augello said, “and then if anything happens in the federal case before then, you can certainly get with the city and let them know.”

St. Pete Beach 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. Photo: St. Pete Beach City Commission.