Last updated on July 16, 2019
Tulum, Q.R. — The lawyer representing the Club Akumal Caribe has warned Tulum mayor, Romalda Dzul Caamal, that she is not in a judicial position and that by refusing to close the road used to access the beach, could put her job in jeopardy.
Last year, a judge ruled that the road used to access the beach by the public was on private property belonging to Hotel Club Akumal Caribe, SA de CV and the Ukana I Akumal Center, AC.
For this reason, the First Instance Control Court based in Solidaridad ordered city council to compensate for damages by handing over the property, however, that access point remains open and occupied by street vendors.
Despite the ruling, Romalda Dzul has refused to comply, insisting that the legal suit is in force with the association Todos Juntos por Akumal, which is what keeps the space occupied.
“The law says it is an access point that is inside private property,” admitted the mayor. “We will respect and enforce the law. In my opinion, it would be up to them as entrepreneurs to close their access.
“They already have the resolution of the judge in their favor and, well, if I have a property, who has to place the fence but me? So, they are the ones who have the baton to do what is best for them.”
However Javier de Anda, legal representative of the hoteliers of Akumal, disagrees with Romalda Dzul and warns that it is a danger to close this property, which would entail evicting the street vendors without the support of the City Council.
The lawyer says that the judicial decision is very clear when demanding city council compensate the affected parties, which implies replacing the fence that was previously demolished with machinery and also to guarantee the security of tourists and workers of the places.
“The mayor refuses to evict the street vendors or close this strip with mesh or fences, as in the past was demolished by machinery,” said Javier de Anda adding, “We are already sending a copy of the judicial resolution to those affected and will close the property and face the informal vendors.”
The legal representative warned that by doing this, Romalda Dzul could be left out of office because the decision of the civil judge ordered immediate delivery of the property, which is being violated.
It will be this week when, again, the fifth judge in civil matters retakes the case, which is expected to deliver a final resolution including an assessment if the mayor is in contempt.
If so, the hotel expects that the sentence will include the order to evacuate the street vendors and the installation of perimeter fences by the municipality in addition to ensuring security to prevent attacks or new invasions as have occurred in the past.