Paid parking approved - Sets stage for court fight and August referendum

The Fernandina Beach City Commission voted 4–1 Tuesday night to approve a controversial paid parking program for historic downtown, clearing the way for implementation despite months of organized opposition.

Vice Mayor Darron Ayscue cast the lone dissenting vote, reiterating concerns raised throughout the debate about impacts on residents, small businesses and the city’s historic character.

The City Commission chambers were filled along with anti-paid parking supporters gathered outside city hall and applauding when residents came to the podium during public comment denouncing the proposal.

"You know it's irreponsible to vote on this when you (commissioners) know that we (residents) are voting on this (a referendum) in August," said Jenay Ruby.  "Why are you rushing into this?....Let us, as a group, have our own voice in this."

Among the 10 people to speak was  Marilyn Hibbon, who spoke in support of paid parking.

"I don't want my taxes going up," she told commissioners. "Once they go up, they never come back down."

Following public comment, only one commissioner spoke before the vote. Ayscue, who had announced earlier in the day that he was seeking re-election to the commission, restated his objections.

"I don't believe this commission is doing the will of the citizens. I don't believe that at all," he said. 

Two  amendments were included in the ordinance: subsection D to allow waiver of a citation  if unreasonable given totality of circumstances or issued in error; adding a formal definition of 'public parking' to Chapter 78.

The vote immediately triggered the next phase of a parallel citizen-led effort to stop the program. Opponents, organized under the No Paid Parking banner, have already succeeded in placing the issue on the ballot for a citywide referendum scheduled for August. Organizers maintain voters should have the final say on whether paid parking is appropriate for downtown Fernandina Beach.

In addition to the referendum, the group is expected to refile their effort to court in the coming days to stop paid parking. Attorneys for No Paid Parking indicated they are preparing to seek an injunction in Nassau County Court aimed at halting implementation of the program while the referendum process plays out. Such an injunction, if granted, could delay or suspend enforcement of paid parking until after voters weigh in.

Last week, A Nassau County judge dismissed the group's efforts for an injunction to halt Tuesday's vote, citing state that the paid parking program had not even become law in the city and thus no potentialor actual harm could be proved.

City officials have argued the ordinance was legally adopted and that delaying implementation would undermine the city’s stated goals of managing congestion, increasing parking turnover and generating revenue for downtown infrastructure and services. Supporters of the measure said the commission was elected to make policy decisions and that the ordinance complies with the city charter and state law.

Opponents countered that paid parking represents a fundamental change to how downtown functions and should not take effect before residents vote. They have also warned that enforcement could create confusion and financial hardship if the ordinance is later overturned at the ballot box.

With the ordinance now approved, city staff are expected to move forward on implementation steps with One Parking Inc., even as legal and political challenges continue to unfold. At previous meetings, city staff estimated it would require 60-to-90 days to get the paid parking program fully operational.

The August referendum and any court action are likely to keep paid parking at the center of Fernandina Beach’s civic debate for months to come.