The Town of Fort Myers Beach says La Ola's shipping container restaurant does not meet FEMA flood regulations and has to go.
Two weeks before Hurricane Milton, La Ola received a code violation from the town of Fort Myers Beach code compliance for their shipping container restaurant.
“When we originally got the violations, we said this is wrong,” restaurant owner Thomas Houghton said. “We knew that we had a safe setup and could operate in the event of a hurricane or a storm. When warranted, we can evacuate.”
Once Milton evacuation orders were in place, they put their theory to the test. La Ola staff moved their restaurant on wheels, off Estero Island in just four hours.
“I think the primary challenge in this particular case is there is kind of a gray area between structure, trailer recreational vehicles, some type of hybrid in between in terms of determining whether it is compliant with the floodplain regulations,” the town’s Floodplain advisor Carl Thomas said.
In Tuesday’s special hearing, La Ola explained they are mobile and not fixed to the ground. So they don't feel they need to have breakaway walls or flood vents.
“I think the town is in a very tough position,” Houghton said. “It's FEMA that has the issue, not the town, but they're forcing the town to have the issue."
But the town said they did not know La Ola was mobile, on trailers, until recently.
“That could’ve been disclosed to the town, but it never was,” the town staff said.
Houghton invites FEMA staff to come down to the beach and talk to him to see how his container restaurant works for everyone.
“Come down and talk to me,” he said. “I've never once been introduced to anybody from FEMA. Had the opportunity to talk, to plead my case. Just to show the setup. I think it's a very unique setup that stemmed from a tragedy.”
The special magistrate will review written arguments from the town and La Ola before making a final decision at the end of January.
La Ola hopes they can continue to operate out of their containers through this busy season.