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Bayview Park Plan Sparks Sharp Debate as City Attorney Confirms Open Carry Legal in Key West Parks

A Bayview Park redesign debate collided with a legal warning Monday as the city attorney said Florida’s new open-carry law applies in all Key West parks.

A Parks and Recreation Advisory Board meeting that began with routine approvals quickly turned tense Monday night, as members clashed over whether the City of Key West is advancing a Bayview Park redevelopment without a fully developed master plan. The friction emerged shortly after Assistant City Attorney Ryan Waterhouse delivered a stark reminder that Florida’s expanded open-carry law now applies in all city parks — and the city has no authority to restrict it.

Chair Joy Nulisch presided, with members Dana Ring, Heather Jangraw, Heidi Roberts, and Harry Russell present.

City Attorney: “Open carry is lawful in our parks — and we cannot change that.”

Assistant City Attorney Ryan Waterhouse told the board that Florida’s preemption law leaves the city no discretion.

“Because firearms are regulated by state law,” Waterhouse said, “the city and this board can’t create our own gun-free rules. Mere possession is not a violation.”

He confirmed that firearms remain prohibited at school-sponsored events and on school property, but not in city parks — including during youth league games.

Asked whether Bayview Park’s proximity to Horace O’Bryant School creates a statutory no-carry buffer, he acknowledged:

“I did not look into that in my preparation for this, but I can look into that for you.”

What Florida’s Open-Carry Law Means in Key West Parks

Allowed:

  • Open and concealed carry in all city parks

  • Firearms during youth and adult leagues

  • Firearms on playgrounds, courts, and open areas

Prohibited:

  • School events

  • School property

Unresolved:

  • Whether Bayview Park lies within a school-safety buffer

Authority:

None. Firearm regulation is fully preempted under state law.

Bayview Park Debate Boils Over

Immediately after the legal briefing, the board turned to Bayview Park — and tensions rose sharply.

Project Engineering Manager Keith Bring presented Phase Two, which includes:

  • a new restroom and tennis pro shop;

  • redesigned tennis-court shade structures;

  • a reconfigured basketball court;

  • a fitness-amenity pad;

  • and walkway, utility and drainage improvements.

Bring emphasized that $2.34 million is available now, and Phase Two reflects what can be constructed immediately.

Key West’s illustrative plan for Bayview Park. / COKW

Jangraw: “This is not a master plan.”

Board member Heather Jangraw pushed back, arguing that approving Phase Two as a “final Master Site Plan” was misleading.

“A master plan should be complete,” she said. “You come up with the plan first, then you budget for the plan. This is backwards.”

She said the incremental approach has fueled neighborhood frustration, reinforcing the belief that the park is being redesigned ad hoc, with residents reacting to decisions only after they appear on a schematic.

Mahogany Tree Sparks New Questions About Splash-Pad Feasibility

A major point of contention centered on a large mature mahogany tree adjacent to the conceptual splash-pad location.

Jangraw warned that the tree’s canopy, leaf litter and root structure could overwhelm or damage the splash pad’s mechanical and drainage systems.

“That mahogany is enormous,” she said. “You’re going to have leaves clogging drains and pumps constantly. And you cannot install a splash pad on top of a root system like that. This is exactly why you need a real master plan.”

Bring responds: “Tree Commission may determine what can or cannot move.”

Bring acknowledged the concern but stressed that removing or relocating the tree is not solely a city staff decision.

“We will have to take the full plan to Tree Commission,” Bring said. “There’s a criteria we must meet. If the mahogany has to stay, then yes — that could affect the splash-pad location.”

He added that staff is trying to place amenities where they minimize tree impacts while keeping flexibility for future phases.

“But trees are everywhere in Bayview,” Bring said. “Unless you put the splash pad in the middle of the green space — which we can’t because of events — there will always be tree-impact issues to address.”

“This is exactly what I mean,” she said. “We’re voting on a master plan without even knowing if the splash pad is physically feasible in the spot where you’ve drawn it.”

A Philosophical Divide: Plan First vs. Build as Money Comes

The exchange underscored a fundamental divide on the board:

  • Jangraw’s position: The city must produce a fully developed, comprehensive master plan, with structured public input, before advancing any major phase.

  • Majority position: Move forward with improvements as funding becomes available, rather than delay long-overdue upgrades for years.

Nulisch Steps In

As the exchange stretched on, Chair Joy Nulisch stepped in.

“Ms. Jangraw, I’m going to ask us to move on,” she said. “You’ve had an opportunity.”

Jangraw replied:

“What I’m asking for is logical, efficient planning. Why is it so hard to be thoughtful and logical?”

Nulisch responded:

“We understand your position. We really do need to continue with the agenda.”

Bring and Turner Urge Action

Assistant City Manager Michael Turner supported Bring’s approach:

“If we want to wait to do the entire park at once, we’d need to wait until we have all the money — and that could take years.”

Bring added:

“We’re just trying to get something done at the park. We have allotted funds right now — and that can always change.”

Bayview Park Redevelopment — What’s Funded Now and What Comes Later

PHASE TWO — FUNDED ($2.34 million)

  • Restroom + tennis pro shop

  • Tennis shade structure

  • Reconfigured basketball court

  • Fitness-amenity pad

  • Walkways, drainage, utilities, ADA improvements

  • 10% contingency

Estimated Timeline:

  • Jan–Apr 2026: Planning reviews

  • Summer 2026: Earliest groundbreaking

  • 2027: Expected completion

FUTURE PHASES — UNFUNDED

  • ADA-inclusive playground

  • Expanded dog park

  • Splash pad (location dependent on tree-impact review)

  • Lighting redesign

  • Tree mitigation strategy

  • Landscaping

  • Bandstand/event infrastructure

The Vote

The board voted 4–1 to advance Phase Two, with Jangraw dissenting.

A separate resolution urging the City Commission to require a full master-plan schedule and schematic alternatives failed for lack of a second.

The recommendation will now go before the Key West City Commission at its regular meeting on Tues., Dec. 2 at 1300 White Street. The morning session begins at 9 a.m., with the afternoon session beginning at 5 p.m. All meetings may be viewed at the city’s website.

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