TITUSVILLE, Fla. – Local environmentalists are speaking out after a ruling from a three-judge panel of the 5th District Court of Appeal rejected a Titusville “right to clean water” city charter amendment.
In 2022, nearly 83% of voters approved the measure, which was intended to allow citizens to hold businesses and companies polluting the Indian River Lagoon and other Titusville waterways accountable for cleaning up their mess.
Michael Myjak and Toni Shifalo, with Speak Up Titusville, emphasized the importance of the measure.
“It would give us standing to try and make a change, without litigation but through negotiation,” Shifalo said.
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The court sided with the city of Titusville, stating that the measure was “preempted” by state law. The ruling focused on the charter amendment’s wording, which allowed residents to take legal action “in the name of the Waters of Titusville.”
According to the court, a 2020 state law prevents a local charter from recognizing a legal right to a body of water.
“They cherry-picked what they wanted and then found a way to rule how they wanted to,” Shifalo said.
Myjak and Shifalo argued the ruling missed the point.
“We wrote our amendment for the human right. In other words, we have a right for this water here to be free of pollution, to flow, and to provide a healthy ecosystem and environment for the rest of us to live. That’s what it all boils down to,” Myjak explained.
The environmentalists plan to respond to the appellate court by Jan. 10. They are also working to collect one million petitions by the end of next year to put a similar state amendment on the 2026 state election ballot.
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