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What The Law Says

by ZihuaRob ⌂ @, Zihuatanejo, México, Wednesday, August 31, 2022, 17:57 (273 days ago) @ jakewills

After an uneventful first month here (we are new full time residents), today we got our first real talking-to about walking our dog on La Ropa in the morning. We've been making sure we were off the beach by 8:30, and until today had only had one guy nicely ask us to be careful of turtle nests. Our dog is always on leash and we carry bags to pick up after him.

Today near La Perla we were approached by several guys in DIRECCIÓN DE ECOLOGÍA uniforms. They were polite, but firm, and we kept the conversation civil. When we said the Blue Flag beach ended around the Thompson, they said that changed for 2022 and is now the whole beach. We pointed out the map showed something else, and they said it was not up to date. It sounded like they were citing the department of ecologica, so maybe they are trying to distinguish the regulation from the blue flag thing? (Our Spanish is just ok, and one of them spoke a little English, but it was not all perfectly clear.) They said there were "a large number" of reports of dogs attacking turtles, which I find very hard to believe based on the dogs I have seen on the beach that were not strays.

We asked where we could find the current regulations, and all they said was it was on the ecologica website. I have not been able to find anything like that... all I found with a calendar from 2019 and an announcement about Playa Madera getting blue flag certified on Aug 8, 2022. https://zihuatanejodeazueta.gob.mx/transparencia/ecologia

Does anyone know of another website for the department of ecologica? We are going to lay low for a day, then likely go back earlier in the morning and see if we can fly under the radar. But if approached again, I want to be prepared with what the published regulations are, if any. I'm not looking to cause any trouble, but I also won't be pushed around by phantom regulations when my dog is obviously not causing any problems. If the regs are real, then we'll re-evaluate how to deal with them and express our opinions as residents of Zihua.

What were there? FOUR CITY THUGS?! Not a tourist in sight nor anyone else on the beach, and what do these goons do? Harass the ONLY PEOPLE on the beach for using the beach with their furry family member!

May I use your video? The audio isn't great, but the image of four government goons, two looking threatening with their ropes, and not one who knows the actual law or anything about it, is priceless.

More than ever we need to up our game and be sure we're attracting visitors and residents with the purchasing power our community needs to survive and hopefully prosper. You two are the spitting image of people whom we should be making to FEEL WELCOME here, not HARASSING on the beach. But for 2 people with beachfront restaurants on La Ropa, no one at La Ropa would support what the city is doing there.

I urge you to throw the laws they don't know back in their face and to print out what the law actually DOES say. Blue Flag isn't a law and it has no business being applied to any beaches here in Mexico that doesn't receive a large number of Europeans, more than non-Europeans, to justify running off other people such as you all and inconveniencing the locals who should be able to enjoy our own beaches. It's a POLICY of the local government, it is NOT a law.

Now you can see why I urge anyone who thinks they want to spend any time here to first dominate the language so you can't be taken advantage of by folks like these city goons collecting their paychecks in unnecessary jobs that only serve to pay POLITICAL FAVORS.

You have every right to walk with your furry family member along the beaches and the Zona Federal. What one of the goons was trying to tell you was that you apply for a permit to have your dog declared necessary for health reasons like a seeing eye dog or emotional trauma. I understand they are trying hard not to issue any of these permits.

First you need to understand a couple of concepts.

¿Qué es la Zona Federal?
La Zona Federal Marítimo Terrestre es la franja de veinte metros de ancho de tierra firme, transitable y contigua a la playa.
https://www.gob.mx/profepa/acciones-y-programas/que-es-la-zona-federal-maritimo-terrestre-56672

Here's the law that governs the use of the Zona Federal: https://www.profepa.gob.mx/innovaportal/file/3668/1/reglamento__zofemat.pdf

Notice in Cap. II Sec. I it prohibits any construction on the beach, something the local government has done with impunity. It also states that everyone may use the beach without restriction. The use of vehicles has been forbidden on beaches since this law was written.

The Zona Federal is the area where the government can lease its use, such as to a beach restaurant to put their beach chairs on Playa La Ropa.

You cannot be denied ACCESS to the beach itself, thanks to a decree by the current president, Andrés Manuel López Obrador (this decree also appears on the final page of the Ley General de Bienes Nacionales linked below):
DECRETO por el que se adicionan diversas disposiciones a la Ley General de Bienes Nacionales, para garantizar el libre acceso y tránsito en las playas.
https://www.dof.gob.mx/nota_detalle.php?codigo=5603240&fecha=21/10/2020#gsc.tab=0

What DOES the law say? The law says that BEACHES are public property for common use. See Art. 7 and Art. 154 of the LEY GENERAL DE BIENES NACIONALES

The Blue Flag BS is just that: BS! It's a scam used by the municipal government to pay political favors (i.e. give jobs and favors to folks who helped in campaigns or who otherwise curry favor with the local king, I mean mayor). It also makes them look like they're doing more than simulating their duties.

Print out and highlight THE LAW and watch their jaws drop and see them start stuttering and sputtering when you actually wave it in their face. I'd love to see THAT filmed. Feel free to mention my name ROBERT WHITEHEAD - ORGULLOSAMENTE CIUDADANO MEXICANO (PROUD MEXICAN CITIZEN).

Oh, and here's the Blue Flag scam: https://www.blueflag.global/


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