The Division of Administrative hearings have started on Fort Myers Beach

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Will they stay or will they go? Tuesday is the day six properties are listed on the agenda to fight to stay on Fort Myers Beach.

WINK News has told you before about FEMA denying an extension for business trailers on Fort Myers Beach. Any trailer that cannot be easily taken off the island in an evacuation has to go.

It’s a beach battle. FEMA says shipping containers, trailers, and other temporary structures on the island contributed to the reason why FEMA stripped the town’s 25% flood insurance discount.

On Tuesday, the Division of Administrative Hearings started meaning, those who FEMA said had temporary structures that can’t be moved off of the island had the chance to defend themselves.

The owner of the popular restaurant, La Ola, Tom Houghton took the stand with his attorney to fight two violations against his business. The town presented their case, and he presented his.

The town and FEMA claim his trailer can’t be carried off of the island, which means, it’s not up to code.

The owner battled back with video evidence showing he can be moved off the island, which means, it shouldn’t be in violation with FEMA. It took him three hours to remove the trailer from the island before Milton.

“I believe that the town attorney may have just not realized, but, yeah, but I definitely believe that most of the town knew that, that we’re on trailers. There’s just been extensive video footage. And, you know, everyone saw me evacuate after Milton, and they were clearly on trailers,” Houghton said.

“We’re very hopeful that there will be some type of reasonable resolution to this that will allow La Ola to remain open and operational serve the people of Fort Myer’s Beach,” attorney Amy Thibaut with Roetzel & Andress law firm said.

A judge ruled that both sides must submit memoranda of law. The deadline for La Ola is Jan. 17 and the town has until January 24th. No word on when a decision could be made.

The restaurant remains open.

“We’re open for business, and we’re going to continue with our normal entertainment schedule, live music twice a day, and we’ve had some great crowds as of late. We got a little chilly day today, but it’s business as usual, and hopefully we can put this behind us soon,” Houghton said.

As for the FEMA discount, it could take up to two years to get off probation.

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