Appeals court rules beaches act unconstitutional

With Memorial Day weekend just around the corner, the federal appeals court has made a big ruling on Galveston's beaches.

"This is the death knell for the Texas Open Beaches Act," said Jerry Patterson, Texas Land Commissioner. "This is not a good day for Texas."

Patterson said he disagrees with the federal appeals court ruling that the Texas Open Beaches Act is unconstitutional.

The ruling means that Galveston Island's west end beaches are now private and not open to the public.

This all started after Hurricane Ike eroded the beach, pushing the vegetation line -- the marker between public and private land -- up against homes.

Galveston waterfront property owner Carol Severance took it to court. She wanted the beach private, since it's so close to her home.

"If these people own this property, it should be their beach," beachgoer John Steed said. "Everything else not by homes should be open to the public."

Other beachgoers disagree.

"Are they going to fence off the beach? Because everyone walks the beach," beachgoer Judy Martin said.

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Appeals court rules against Open Beaches Act