We should know before the end of this month how a State Administrative Law Judge rules regarding whether or not La Ola can stay in Times Square. But this is a long way from over. The town wants restaurant owner Thomas Houghton to pack up his shipping containers and get gone ASAP. Houghton wants to stay in Times Square as long as he can.
A hearing was held Tuesday before Administrative Law Judge John Van Lannighan. Lannighan was zoomed in from Tallahassee to the Town Hall trailers. In attendance were town attorney Nancy Stuparich and Code Compliance Manager Tom Yozzo representing Fort Myers Beach and Houghton, property owner Chris Primeau and their attorney Amy Thibaut representing La Ola.
FEMA had given the town until November 18, 2024 to start the process of following their own code to remove containers and conex boxes (in addition to other issues the town had to fix) or face losing their 25% flood insurance discount. Despite working with FEMA to accomplish tasks FEMA wanted done, the discount was eventually lost and the town was put into a 2-year probationary period.
The town gave the judge the background about FEMA’s demands and said La Ola’s permit to operate in Times Square was revoked on December 19th so they were still in violation. Stuparich requested the judge find La Ola in violation as of January 6th, give Houghton a reasonable amount of time to remove his containers, then start a daily fine of $250 per day. If they were not gone by March 1st, the town requested the authority to remove the containers and charge Primeau the cost to do so. Stuparich said the town needs to give FEMA a status update on April 1st.
Thibaut argued that La Ola was not in violation of any town code, that the containers were unique (not trailers, not RV’s, not food trucks) and could easily be removed during a storm as Houghton demonstrated by video before Hurricane Milton. She said the containers were on wheels and could be attached to a truck and taken off the bridge quickly. She asked the judge that, if he did rule in favor of the town, that La Ola be able to operate in Times Square through Memorial Day.
At that point the hearing got a little wonky. Yozzo said the town did not know the containers were on wheels because they were not easily visible. Houghton argued they’ve always been on wheels, that they had just been covered by decorative wood. In the past the town has told people that as long as their trailers could be driven off the island with a light duty truck, quickly, they would be OK. While the La Ola trailers cannot be driven off with a light duty truck, they were removed from the beach in 4 hours before Milton. Houghton said he could have done it in an hour.
The judge asked Thibaut if she wanted to submit a proposed order to the judge as he considers his ruling. She said she did and was given until Friday, January 17th to submit it to the judge. The town has until January 24th to respond. The judge will then make his ruling.
Houghton’s goal is to not only be able to stay in Times square this season. He wants to be able to operate in Times Square until the area starts recovering with brick-and-mortor buildings, which could be many years from now. In fact, Chis Primeau has not submitted any plans of his own to build on the property he and his family own in Times Square. Originally, the town had given property owners until September 28, 2025 to operate in these types of structures as long as they were making progress to rebuild. That had to change when FEMA starting dropping down the hammer.
What’s unclear is whether or not this judge’s ruling even matters. Does a state judge overrule FEMA? Probably not. The town is now monkey-in-the-middle. They allowed these businesses like La Ola, The Goodz and Sun & Fun Rentals to operate to try to help them recover financially from Ian. FEMA says they never should have done that. In addition to some residents and businesses doing work on their homes without permits shortly after Ian, FEMA says these permits the town granted are also part of the reason FEMA cancled the town’s 25% discount in the National Flood Insurance Program.
When the judge posts his ruling on La Ola we will share it with you on Facebook and in our newsletter. Even if the judge rules in favor of the town there is a process to appeal the judge’s order in circuit court. If the judge rules in favor of La Ola, FEMA is expecting the town to appeal the ruling to that same court and not just let the matter go.
Watch our interview with Houghton and Thibaut after the hearing, which has already been viewed over 14,000 times, HERE.
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Ummmm what about the town hall trailers from where they issue all of these edicts? Just sayn.
Again, another death certificate for FMB. SMH
No you are not. Sorry if I offended you.
FEMA has referred to all the trailers there not one.
Meanwhile you continue to miss the point. They are in non-compliance in that identified special flood zone.
The rules are designed to protect other properties, the safety of the public and contain the costs of the federal flood insurance program’s obligations.
…..and yet, there sits that giant boat at the Getaway Marina area in Hurricane Pass, FMB unincorporated Lee Co. FEMA should be more concerned about that, than containers that have have shown proof, how they get moved
The town should work with the owners against FEMA. They’ve already lost the insurance discount so who cares what they say. But they need to figure out if they are going to allow Times Square to have portable businesses or not.
Mile Catanzarite,
Who cares what they say? Really?
How about those 5,000 islanders insuring their homes with FEMA’s federal flood insurance program. Continue ignoring it’s rules for flood proofing buildings in that special flood zone and the town is kicked out of the program, meaning all of those federally insured homes lose it, including those who can barely afford the program’s less expensive insurance now.
I wouldn’t think those folks would be willing to lose that insurance so a few businesses at Times Square can keep those non-compliant trailers in business. Who’s thinking about them? Certainly not the businesses with those trailers.
The FEMA discount is lost for now. Does it really matter if La Ola comes into compliance now or in 6 months?
As long as they do eventually?
So many people depend on La Ola for their livelihood.
If they kick out La Ola , will the other trailers / restaurants in the square be allowed to stay ?
This will be a major problem with no business in times square
The other trailers can stay because they can removed by a light duty truck. Their presence isn’t in question.
Au contrarie cheri.
So far the removable “light duty”trailers/food trucks have not been targeted by FEMA for removal, so please share if you have other info.
And I’m not your darling.
Dapper, if the town and those business people continue ignoring the flood insurance program’s rules all that lower cost federal flood insurance will be gone.
Which do you choose, the insurance or the trailers?