La Ola Fights Back: Court Ruling Could Impact Fort Myers Beach's FEMA Status

Fort Myers Beach, Florida, USA - The ongoing dispute between La Ola and the Town of Fort Myers Beach has taken a new turn as legal arguments unfold in court. La Ola’s attorney, Amy Thibaut, has pushed back against the town’s request for expedited handling of an eviction case. The town, eager to resolve these issues ahead of an impending FEMA inspection, seeks a quick ruling without oral arguments. “Oral arguments will enhance the court’s understanding and should not be dispensed with,” Thibaut argues, underlining the complexity of the situation.

Mayor Dan Allers emphasized that the town has been working hard to comply with FEMA regulations and is optimistic about exiting its probation status later this year. The urgency surrounding La Ola’s shipping containers, located in Times Square, is significant, as they contribute to the town’s current FEMA probation. Town officials also cite other compliance challenges such as properties with unpermitted work and storage that could pose risks during hurricanes. Allers stated the town aims to restore a crucial 25% discount on flood insurance for residents, a key goal moving forward.

The Road to Compliance

Fort Myers Beach is set to exit FEMA probation effective November 18, 2024, lifting both the $50 surcharge on flood insurance policies and potentially restoring budgetary relief to residents. As noted by the News-Press, the town completed five corrective actions as a means to navigate out of probation. These actions included:

• Reassessing floodplain development.
• Improving code enforcement practices.
• Addressing noncompliant structures.

Despite these efforts, the downgrade in the Community Rating System classification from Class 5 to Class 10 means that residents won’t see the immediate return of their 25% flood insurance discount. This downgrade stems from mishaps in flood management enforcement following Hurricane Ian, along with a failure to submit timely improvement plans that other municipalities in Lee County managed to achieve.

Challenges Ahead

La Ola’s containers have been highlighted in ongoing compliance discussions, with Thibaut asserting that the town is placing undue emphasis on their role in the larger context of FEMA’s regulations. Notably, FEMA had previously cited 105 properties for noncompliance—some of which are not situated on Fort Myers Beach. This raises questions about the validity of some citations and the effectiveness of the town’s broader compliance efforts.

New developments are intertwined with ongoing court issues. La Ola owner Thomas Houghton plans to rebuild on the site and has even provided designs for a new restaurant. After an Administrative Judge ruled in favor of the town, obliging Houghton to comply by a March 1 deadline, both Houghton and property owner Chris Primeau appealed. Should the town prevail, they could face stiff fines amounting to about $34,000— clearly a significant hurdle for the business owners.

As recovery plans continue, Fort Myers Beach officials remain optimistic. After all, the lifting of FEMA probation will not only alleviate pressures from federal agencies but also empower the town to put forward a stronger framework for future development and compliance strategies. The anticipated Community Assistance Visit by FEMA, scheduled for no later than August 31, will be pivotal in verifying that the improvements made hold up to scrutiny.

Ultimately, while the town’s immediate focus is on clearing up the challenges with La Ola and ensuring robust compliance, the broader picture includes a community that is eager for recovery and resilience in the face of natural disasters. It’s clear—there’s a lot at stake for Fort Myers Beach as it navigates through these tumultuous waters.