Legal Opinion

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Florida Attorney General Reports

Decided September 18, 1974Published

1Opinion of the Court

QUESTION: Can a municipality or any governmental entity prevent nonresidents from the use of its facilities, particularly municipally owned beaches or parks?

SUMMARY: Although duly enacted state and local legislation is presumptively valid, legislation which excludes nonresidents from public parks and beaches is probably invalid because such legislation exceeds the authority of the local legislative body concerned, violates the privileges and immunities clause and equal protection clause of the Fourteenth Amendment of the United States Constitution, and violates the "public trust doctrine."…

2Cases cited22 opinions

  1. Griffin v. IllinoisSupreme Court of the United States · 1956
  2. McGowan v. MarylandSupreme Court of the United States · 1961
  3. Shapiro v. ThompsonSupreme Court of the United States · 1969
  4. Loving v. VirginiaSupreme Court of the United States · 1967
  5. Dunn v. BlumsteinSupreme Court of the United States · 1972

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