Can Key West limit cruise ships despite state law saying no? There may be a way
Should Key West have a say in curbing cruise ship traffic in the Southernmost City?
Voters thought they had their say in November when three referendums were on the ballot. They were all approved.
But the control was shortlived. The state Legislature voted to overturn the results, and Florida Gov. Ron DeSantis last month signed the legislation that reversed the local vote putting limits on cruise ship traffic.
But the issue may not be over yet.
The group behind those cruise ship referendums says there is a way to abide by the decision of the voters, which was to cap the number of passengers that can disembark
daily and ban the biggest ships.
The Key West City Commission can pass an ordinance that keeps the limits, which changed the city’s charter, intact, according to the Committee for Safer Cleaner Ships.
“The new law only applies to ballot box measures and does not prevent any port authority (in this case, the city commission) from regulating their ports.” the group posted on its Facebook page on July 1.
“It’s a fact,” said Arlo Haskell, the committee’s treasurer on Friday. “It’s pretty straightforward if you read the bill that was finally signed by the governor.”
But some city leaders on Friday weren’t certain what exactly they can do to rein in the cruise industry, which is one of the most divisive topics on the island.
“I don’t think it’s that simple,” said City Commissioner Jimmy Weekley, when asked if they could just make a new ordinance.
Key West Mayor Teri Johnston said the new legislation does leave the door open to that interpretation.
On Monday, she will lead a special City Commission meeting set to hash out what elected leaders can do to support the November vote.
“Every one of the city commissioners right down the line said yes, we’re here to support that charter amendment,” Johnston said on Friday. “What we’re going to figure out Monday night is how we can do that.”
The commission will explore its options after hearing from City Attorney Shawn Smith, who declined comment for this story.
Key West has three piers, including Mallory Square, which is on cityowned property, and the Outer Mole, which is owned by the U.S. Navy. But the third one, the Pier B pier, is privately owned by the Walsh family of
Delray Beach.
“Our biggest hurdle is Pier B,” Weekley said. “It’s a whole different animal altogether.”
Key West voters in November approved three referendums by 60 percent or more to restrict cruise ship operations on the island. They included banning the largest ships and capping the number of passengers that can disembark daily.
But state lawmakers took aim at the results of the vote, and in the end wiped away that November election, approving an amendment to an unrelated Senate transportation bill that prohibits “a local ballot initiative or referendum from restricting maritime commerce in the seaports of this state.”
“We have the vote of the people, which is very very clear to the City Commission,” Johnston said. “Our obligation is twofold: uphold the will of the people and to do it legally.”
Commissioners like Weekley said they want a policy that reflects the results of the referendums.
“But how can we legally be able to do that?” said City Commissioner Sam Kaufman, who is a lawyer. “There might be creative ways that have nothing to do with these types of regulations that could accomplish or come close to accomplishing the same provisions in the charter as a result of the referendums.”
City Commissioner Clayton Lopez, whose district covers downtown, said they’ll first have to find out where they stand legally.
“I’ll be honest, I don’t know,” he said.
Lopez supported the referendums but said he understands “both sides of the argument.”
“It caused problems in the campaign,” Lopez said, who was reelected in November in a close race. “Several businesses in my district benefit from the cruise ships.”
Cruise ships brought nearly a million visitors to Key West in 2019. The latest cruise ship calendar for the port of Key West shows ships returning
Sept. 2.
Key West hasn’t seen a cruise ship dock since March 2020, due to the COVID-19 pandemic, yet the island has been regularly packed with tourists for months.
Hotels and vacation rentals are enjoying 90 percent occupancy rates, the mayor said, and sales tax revenue this year is up over the 2019 numbers.
“We are at 135 percent of where we were in April 2019,” Johnston said of the April 2021 revenues. It’s just unbelievable.”
She said in April 2019, sales tax revenue was at more than $455,000. In April 2021, sales tax revenues hit more than $612,000.
“Every business I have talked to is really, really doing well,” Johnston said. “And that is without not only cruise ship passengers, that’s without many international travelers and without holding major festivals like Fantasy Fest and the boat races.”
The commission meets at 5 p.m. Monday at City Hall.
Gwen Filosa: KeyWestGwen
KEY WEST HASN’T SEEN A CRUISE SHIP DOCK SINCE MARCH 2020 DUE TO THE COVID-19 PANDEMIC, YET THE ISLAND HAS BEEN REGULARLY PACKED WITH TOURISTS FOR MONTHS.