Judge orders mediation in lawsuit over beach access on American Beach

Save Historic American Beach is suing Nassau County under the Endangered Species Act

NaNa Dune on American Beach (Ciara Earrey/News4JAX)

AMERICAN BEACH, Fla. – For generations, American Beach has been a refuge — for families and for wildlife.

But right now, proposed changes to beach driving rules in Nassau County are drawing pushback from the American Beach community.

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The debate comes as a legal battle over beach access continues in federal court.

American Beach residents say they’ve been fighting this battle for decades.

The nonprofit Save Historic American Beach is suing Nassau County under the Endangered Species Act, hoping to stop vehicles from driving on the beach, saying it’s harming sea turtle nests.

However, a judge ordered mediation, meaning the parties have to sit down with their legal teams to come up with a compromise.

“I mean, obviously, our community is very distraught about this,” said Save Historic American Beach Chair Mark Dawkins.

Dawkins said that despite the group showing photos of sea turtles being run over, the judge said video evidence was needed to issue an injunction.

“That video evidence is almost impossible to get because if someone sees a car about to run over a turtle hatchling, they will stop the car,” Dawkins said. “They’re not going to pull out their phone or their camera and record someone rolling over a sea turtle or sea turtle hatchling.”

Shortly after the judge’s ruling, Nassau County introduced proposed changes to its beach driving ordinance.

At the July County Board of Commissioners meeting, the proposal included limiting beach driving to county residents and property owners, with restricted hours during turtle nesting season.

But Dawkins said the proposal falls short—and could make things worse, especially with changes that would allow large items like jet skis and surfboards to be stored near the dunes where sea turtles nest.

“This is a slap in the face. The county knows we are a resort community,” Dawkins said. “They passed the law to stop beach driving in resort communities, but they explicitly wrote the law to exclude American Beach because we are a historically Black community.”

And with more than 250 public parking spaces already available, Dawkins said there’s no need for cars on the sand. He said it’s not just about beach policy—it’s about a decades-long push for equal treatment.

“This is a 35-year fight that is ongoing. We continue. We intend to continue the fight, because we just want to be treated the same as everyone else,” Dawkins said. “Don’t treat us differently, treat us the same, and we will be OK with that. That’s all we ask.”

News4JAX reached out to Nassau County for comment but haven’t heard back.

When we first reported on the lawsuit, officials said they couldn’t speak due to ongoing litigation.

Mediation with Save Historic American Beach is set for Aug. 15. A vote on the proposed changes is scheduled for the Aug. 11 commission meeting—and American Beach residents say they plan to attend.


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