Both sides knew this fight might be hard-won. But as everyone battens down the hatches for the appeal just filed by the City of Marco Island, the fight over boaters’ rights and a restrictive city ordinance may be in for a bumpier ride yet.

LESLIE WILLIAMS

Dave Dumas looks over the new paint job on his yacht, Kinship. Dumas was charged with violating the city's anchoring ordinance in January, but the charges have since been dropped and the ordinance declared unconstitutional by a judge. The city filed recently to appeal that ruling, which will send the case higher into the courts, and cast a wider net across Florida municipalities struggling with how to regulate boaters.

On Dec. 7, the City of Marco Island filed an appeal of a failed prosecution in which boater Dave Dumas was charged with violating the city’s ordinance restricting boats to dropped anchor for no more than three days without proof of a pump-out.

Collier County Court Judge Rob Crown dismissed the case after ruling the ordinance unconstitutional, stating that the city’s law flies in the face of a state statute barring municipalities from regulating boats “in navigation.”

Dumas was charged with violating the ordinance in January of this year, and his case was taken on pro bono by attorney Donald Day, of the Naples firm Berry, Day, McFee & Martin.

Now, Day says, he has been retained for fee and will help Dumas and the supporting group, Sailing Association of Marco Island, recoup costs from the case if Dumas prevails as the final winner.

Plus, he says, he has been contacted by other boaters interested in the case.

“There may be other civil action as far as that goes,” Day said.

He said he suspects that boaters, even from outside Florida, may be mobilizing to bring a suit against the city, alleging a violation of their boating rights in Florida.

LESLIE WILLIAMS

Dave Dumas drops the anchor on his yacht, Kinship, outside his home. Dumas was charged with violating the city's anchoring ordinance in January, but the charges have since been dropped and the ordinance declared unconstitutional by a judge. The city filed recently to appeal that ruling, which will send the case higher into the courts, and cast a wider net across Florida municipalities struggling with how to regulate boaters.

“What happened over a year’s period was there were other people from cruising organizations who anchored near the city,” Day said. “They were told they would be ticketed, so they moved.”

Now, he said, some of those boaters are disgruntled, and are organizing via the web sites of various boating organizations. The case has gained national attention, as observers watch this boaters rights litmus test play out.

With the appeal pending, there may be a lapse of several months or even several years in which the ordinance is in limbo.

Though a judge has declared it unconstitutional, the order will be regarded as stayed now that an appeal has been filed, said Marco Police Chief Roger Reinke.

“I’m told by the city attorney that when the appeal is filed, the order of the judge’s making the ordinance unconstitutional is stayed,” he said. “However, we want to see how the issue is going to be resolved in court.”

Reinke said the city had charged no one other than Dumas with a violation of the ordinance, and did not anticipate any violations of the ordinance while the case is under appeal.

Dumas, who has said in the past that he expected the fight to be a long one, and now he is looking forward to resolution of the issue for the larger boating community.

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“Like we said all along, it’s just as well that we ratchet up to higher courts and sort of settle the question,” Dumas said. “I don’t have any problem with that. I think it’s probably good for all of the citizens of the state as well as the citizens of Marco Island.”

Brian McMahon, the chapter president for Collier County Standing Watch, a boater advocacy group, said relief for everyone may be coming from the Florida legislature.

“A number of municipalities have looked at this and are trying to find a way to regulate and make it consistent statewide,” he said.

He questioned the timing of the city’s appeal, saying it might be wise to wait and see if the state can offer resolution to what he called “a jigsaw puzzle of regulations.”

But the city was running out of time to file its appeal — it had just 15 days to do so after the case was dismissed. Besides, said City Attorney Alan Gabriel, the city can still change its mind.

“You have time after you file to decide whether to go forward with the appeal,” he said. “The council could always say ‘stop.’ ”

Whether the city would consider halting the appeal — and the bigger question of whether the city would pursue it through additional appeals — Gabriel could not say.

“The next step is to determine whether or not you’re going to prepare a brief to see if there was a mistake made by the judge in the ruling,” Gabriel said. “I don’t want to speculate on (additional appeals).”