case study
Miro Beach Free Waters in Miro Beach: Boaters Inc. versus City Government
The city commissioners of Miro Beach proposed limits on boaters who anchor offshore in
waterfront areas of the St. Lucinda River adjoining the city. Residents had complained of
pollution from the live‐aboard boaters. The parking lot of boats created an unsightly view.
The city based its proposed ordinance on research done by the staff. The staff did not hold
graduate degrees in either public or business administration, and it was not known if staff
members were competent to conduct research. The staff requested a proposal from a team of
local university professors who had conducted similar work in the past. The research cost was
$10,000. After receiving the proposal, the staff chose to do the work itself and not expend
resources for the project. Through an unidentified source, the professors later learned their
proposal contained enough information to guide the city’s staff and suggested data collection
areas that might provide information that could justify the boaters’ claims.
Based on the staff’s one‐time survey of waterfront litter, “pump‐out” samples, and a weekly
frequency count of boats, an ordinance was drafted and a public workshop was held. Shortly
after, a group of concerned boat owners formed Boaters Inc., an association to promote
boating, raise funds, and lobby the commission. The group’s claims were that the boaters (1)
spent thousands of dollars on community goods and services, (2) did not create the litter, and
(3) were being unjustly penalized because the commission’s fact finding was flawed.
With the last claim in mind, the boaters flooded the city with public record requests. The clerks
reported that some weeks the requests were one per day. Under continued pressure, the city
attorney hired a private investigator (PI) to infiltrate Boaters Inc. to collect information. He
rationalized this on the grounds that the boaters had challenged the city’s grant applications in
order to “blackmail the city into dropping plans to regulate the boaters.”
The PI posed as a college student and worked for a time in the home of the boater
organization’s sponsor while helping with mailings. Despite the PI’s inability to corroborate the
city attorney’s theory, he recommended conducting a background investigation on the
organization’s principal, an employee of a tabloid newspaper. (The FBI, on request of city or
county police organizations, generally performs background investigations.)
The PI was not a boating enthusiast and soon drew suspicion. Simultaneously, the organization
turned up the heat on the city by requesting what amounted to 5,000 pages of information—
“studies and all related documents containing the word ‘boat.’” Failing to get a response from
Miro Beach, the boaters filed suit under the Florida Public Records Act. By this time, the city
had spent $20,000.
The case stalled, went to appeal, and was settled in favor of the boaters. A year later, the
organization’s principal filed an invasion of privacy and slander suit against the city attorney,
the PI, and the PI’s firm. After six months, the suit was amended to include the city itself and
sought $1 million in punitive damages.
In your submission please address all of the following questions:
1. What do you consider to be the key ethical areas for consideration in this scenario? Be specific, what research principles or values are (potentially) violated by certain actions or inactions?
2. What were the consequences of the improper research conducted by the city? 3. What issues are there regarding the use of public documents? 4. How does the city’s use of a private investigator to infiltrate Boaters Inc. relate to
invasion of privacy issues? 5. What is the impact of the city’s various actions outside of any violation of law or
regulation?
Adapted from Cooper, D. R., & Schindler, P. S. (2011). Business research methods (11th ed.). New York, NY: McGraw Hill/Irwin. p. 50