SUPREME COURT RULES THAT SOME FLOATING HOMES MAY NO LONGER BE REGULATED BY FEDERAL ADMIRALTY LAW

If you still think that you can’t beat city hall, consider Fane Lozman’s story. It started with a dispute over dockage fees for Lozman’s floating home and ended up in the US Supreme Court– and the results of that case may have ramifications for many houseboat owners in Key West.

In 2006, Lozman’s floating home was docked at a city-owned marina in Riviera Beach. Following a dispute over fees, a county court ruling– citing federal admiralty law– resulted in Lozman being evicted from the marina and the seizure and the ultimate destruction of his home. Lozman sued, claiming that federal admiralty law did not apply because his home was not a “vessel.” We can imagine the Riviera Beach City Attorney laughing his backside off when he heard, not only that this was the defense that Lozman was offering– but, also, that Lozman was going to be representing himself in court!

Federal law defines a vessel as any form of watercraft used, or capable of being used as a means of transportation on water. Lozman pointed out that his home didn’t even have an engine and had no means of being steered. Although the home had been towed from one marina to another in the past, it was, for all practical purposes, permanently tied to a dock and received power and other utilities from shore. No matter. The federal appeals court in Atlanta ruled against Lozman.

So he decided to try to take his case to the US Supreme Court. Seriously? Can you imagine the odds of the justices of the highest court of the land agreeing to hear what was basically a county court eviction case? But they did. And in January of last year, they ruled 7-2 in Lozman’s favor! In essence, they said that the the appeals court’s “anything that floats is a vessel” approach was too broad and that a floating structure that is indefinitely moored, receives power and other facilities from shore and is not intended to be used in maritime transportation or commerce does not constitute a vessel.

Writing for the majority, Justice Stephen Breyer pointed out that, just because they float, “a wooden washtub, a plastic dishpan, a swimming platform on pontoons, a large fishing net, a door taken off its hinges or Pinocchio (when inside the whale) are not vessels.” The question here, Breyer said, was whether a reasonable observer would conclude that the structure was “designed to a practical degree for transportation over water.” Lozman’s home did not qualify,” Breyer said.

Dissenting along with Justice Anthony Kennedy, Justice Sonia Sotomayer wrote that the ruling introduces confusion concerning what a vessel is or is not. Also, it is not clear how the ruling affects businesses like dockside casinos, restaurants and hotels. In the meantime, there are a number of potential implications for houseboat owners here in Key West and elsewhere:

— Floating homes that fit into the criteria outlined in the Supreme Court ruling may no longer have to register their homes with the state as boats– but they may have to start paying property taxes.

— Marine Patrol officers may no longer just show up unannounced to conduct inspections. To board, law enforcement officers must now have a warrant.

For more info, see Fane Lozman’s website: www.fanelozman.com

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Dennis Cooper founded Key West The Newspaper (the Blue Paper) in 1994 and was editor and publisher until he retired in 2012.