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Vendor Access to Cabbage Beach ‘Issue of Property Rights Not Birth Right’
By Diane Phillips & Associates
Apr 28, 2016 - 11:20:07 PM

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Access Industries Purchased the Private Property from Atlantis in 2014

 It’s not that Atlantis Senior Vice President Ed Fields is not sympathetic to the plight of the Cabbage Beach vendors. In fact, after 16 years of working with the merchants, Fields is the one person most familiar with the issue, which is why, for the most part, he’s chosen to stay out of the fray, opting instead to stand back and allow the emotional dust to settle before speaking his piece.

Fields broke his silence this week, speaking exclusively to respected radio host and attorney Jeff Lloyd, outlining a long and uninterrupted history showing private ownership of the 6-acre beachfront parcel that has been at the centre of heated debate. He also noted numerous opportunities for those who granted temporary licenses to find solutions and rectify a growing maelstrom of discontent.

“I have not commented on this subject because I feel that when it comes to discussing these things, sometimes you kind of have to wait for the waves to recede,” Fields told the STAR 106.5 FM radio host on Wednesday. “I thought I’d stay away and listen to the speculation, the misinformation, see where people are coming from and go from there.”

That all changed in March, though, when vendors and protestors tore down a fence blocking one of two access points to the beach.

“There has to be some clarity presented because there’s a conflation of issues,” Fields said. “Emotions are taking over. We need to look at where the injustice lies. An act that you see or feel is one way, may not be that way. We need to take away the emotionalism of the foreigner versus the Bahamian. We need to focus on the fact that this a property issue.”

Nearly a century ago, two families owned land on the stretch of Paradise Island that is now referred to as Cabbage Beach. Although ownership has changed over the years, passing hands in recent history first to Atlantis and then, in June 2014, to Access Industries, the land has always been—and remains to this day—private property.

“I’ve had very close interaction with these people for years, I know what they’re feeling and can imagine what they’re feeling,” Fields said. “But there’s a confluence of emotion, politics and the law. There’s no confiscation here. It’s an issue of property rights, not birth right.”

In 2003, Fields discovered that a government agency with no authority for granting licenses—it was not a designated licensing agency—was approving licenses for individuals to sell wares on the beach. Since the land was not being used for other purposes at that time, an accommodation was made enforced with an agreement allowing sales to take place and outlining a code of conduct.

“The agreement says they recognize it’s private property, and they shouldn’t be issuing [additional] licenses,” Fields said, adding that all parties involved agreed to the terms, signed the contracts and business carried on accordingly.


However, nine years later, in 2012, a skirmish arose among the vendors and it was discovered that the number of licenses granted had doubled, now allowing 40 or so vendors access to the beach instead of the original 20. Again, Fields and his Atlantis colleagues decided they would oblige the vendors under the condition that they, too, sign the agreement acknowledging the land as private property and agreeing to the terms which state that if, at any time, the vendors are in breach of the contract, or if the property owner decides to use the land for private purposes, licenses could—and would—be revoked with a minimum of 30 days’ notice.

“A path was allowed; it’s not a right-of-way or easement. Proper notice was given to each of the vendors whose licenses have been terminated. It’s an agreement signed by all parties involved, and one party is exercising its right,” Fields said, adding that he understands this sounds cold and legalistic. “I don’t want to dismiss in any way understanding the sensitivities of the parties concerned, but this cuts both ways. The owners of the property—Access—have submitted to the Bahamas Investment Authority a plan for a development there, and vendors are eligible to apply for jobs at this venue.”

Fields also pointed out that there will continue to be a pathway to Cabbage Beach for recreational use by the public located at the end of Garden View Drive on Paradise Island.

When it comes to the issue of vendor access, however, Fields said it’s up to the government, and not private property owners, to find a new home where they can sell their goods.
“I am going to say it very clearly and I beg to be contradicted,” Fields said. “It’s the responsibility of the agency which unilaterally offered the licenses to find a solution to the problem.”

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