Plaintiffs in Flankers/Providence Beach lawsuit head back to court in November
Published:Tuesday | October 7, 2025 | 12:08 AMChristopher Thomas/Gleaner Writer
WESTERN BUREAU:
Residents of several communities in proximity to the Flankers/Providence Beach in Montego Bay, St James, are adamant that they should be granted unrestricted access to the beach, which Sandals Resorts International (SRI) has claimed for development and which is now the subject of a court case.
The residents, wearing T-shirts emblazoned with the phrase ‘Beach Access Rights’, made their position clear yesterday as they waited outside the St James Parish Court, where the first hearing of the case took place before presiding Judge Diahann Bernard. The matter, in which the respondents include the commissioner of lands, Le Cap Riviera Estate Limited, and the Airports Authority of Jamaica, was put off for continuation on November 10 due to the absence of the plaintiffs’ lawyer, Marcus Goffe.
Lenford Blake, a fisherman from Flankers, who was among the plaintiffs in the case, argued that the issue with the beach, which affected residents of Flankers, Providence Heights, Whitehouse, and Norwood, has been ongoing ever since SRI claimed ownership of the property in 1981.
“We got that beach from the late prime minister, Mr Michael Manley, and we were all enjoying that beach for a couple of years, long before Sandals came into existence,” said Blake. “We have had that beach from Bay Roc Hotel was the owner of that place, and then the hotel was sold to Mr Stewart [the late Gordon ‘Butch’ Stewart, SRI’s founder] ... .
“They built up other buildings on it ... . The fishermen have nowhere to go there, and the people in the community have no beaches to bathe, so we are negotiating for our beach because we cannot do without it. We party on the beach, and some people get baptised at the beach. There are a lot of different uses that the community has for the beach, so we are defending our beach.”
Another plaintiff, Monique Christie, said the beach dispute is an element of the years-long nationwide conflict regarding public beach access. That conflict has often involved beaches that reportedly used to be publicly accessible before being sold by the Government to private investors.
“The Flankers/Providence Beach was always a community public beach, and we are looking for that beach to be accessible and free for the community members’ use. The prescriptive rights of the people to use the beach should be maintained, irrespective of the development of the area,” said Christie. “We notice that there is a systemic issue throughout the island, where public beaches are being divested.”
During Monday’s short court hearing, attorney Gordon Brown, who is representing the respondents told, Bernard that the plaintiffs, including the residents neighbouring the disputed beach and the Jamaica Beach Birthright Environmental Movement (JaBBEM), should present all their evidentiary material supporting their case when the matter returns on November 10.
“There are a number of issues in this matter which require ventilation and also require affidavit evidence, and these are not present. It would be good for the court to ask the plaintiffs to ensure that all the evidentiary material supporting their claims can be presented,” said Brown. “This issue concerns public beaching rights pursuant to the Prescription Act (of 1882), related to a parcel of land which has not been defined. Unless there are clear geographic markers for what is defined as Providence Beach, then the parties are not in a position to respond as they ought.”
However, Dr Devon Taylor, the president of JaBBEM, told The Gleaner that the lawsuit’s plaintiffs will be able to prove in court that they have a right to access the disputed property.
“Under the Prescription Act of 1882, if we have been using any tracks, roadway, lane, or any means of accessing a beach for recreation, spiritual activities, fishing, or doing our vending, we are entitled to do so, as long as we can prove to the court that we never received any permission to do so,” said Taylor.
“The communities in and around Providence Beach have been using that beach for more than 60 years, and we have the proof and evidence to show that we never received any permission from anyone to do so. We were using it under customary right, which is recognised in Jamaica under the Prescription Act of 1882.”