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Saturday, October 2, 2004 Judge denies activists' request for injunctionBy NICOLE SERVICE | News-Journal Staff Writer BUNNELL — A federal judge has denied two activists' request for a temporary injunction to ban beach driving during sea turtle nesting season. Longtime sea turtle advocate Shirley Reynolds and northeast Flagler County resident Stephen Belida sought a temporary injunction to protect the turtles during nesting season, from May 1 to Oct. 31. Their request is part of a larger lawsuit seeking to permanently ban driving on Flagler County beaches. However, U.S. District Judge Harvey Schlesinger ruled Monday against the temporary injunction, saying the recently enacted county ban on beach driving at night, the effect of recent hurricanes and the length of turtle nesting season make the injunction unnecessary. "While the court joins the plaintiffs in hoping that future sea turtle hatchlings emerge, the court must be realistic in considering the probability of future emergence this nesting season and, based on that, the reasonable likelihood of future taking," Schlesinger wrote in his ruling. "Given the length of time the nests are inundated, the aberrant nature of any recent or future nesting attempts and the dwindling time in which temperatures will be favorable to hatchlings, the probability of any further emergences this season, although existent, is exceedingly low." County Attorney Carl Kern said he agreed with the ruling. "It's a good, well-reasoned ruling," Kern said. Ross Burnaman, the attorney representing Reynolds and Belida, said they won't challenge the ruling. "Apparently, there aren't very many nests left on Flagler County beaches... so there is no need for this particular nesting season to do anything," Burnaman said. "And the judge has indicated that he wants to hear the matter before the start of next year's season." Reynold's and Belida's lawsuit says that by allowing beach driving, Flagler County is harming sea turtles, which violates the Endangered Species Act. The judge has set a tentative trial date of March 7. On the net: HICI Special Report — Sea Turtles Need Help: Can you Dig it? |
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