ST. THOMAS – The Virgin Islands government will need to refile its petition for eviction against One Love Beach Rentals LLC, after a magistrate judge dismissed the case without prejudice during a hearing today in Superior Court on St. Thomas due to the government’s continued acceptance of rental payments.
One Love Beach Rentals LLC, co-owned by Wilbert Coakley, is the equipment rental and souvenir vendor on Lindbergh Bay Beach that was erroneously granted a business license to sell food and beverages by the Department of Licensing and Consumer Affairs.
Coakley originally held a permit from DSPR for itinerant vending and beach equipment rentals, which expired last July, and did not authorize food or beverage sales. DLCA, however, issued him a restaurant license along with additional business licenses, valid until February 28. But DSPR served Coakley with a notice to quit on December 12, 2024, instructing Coakley to vacate the premises within 30 days.
The government then filed a petition for eviction against the vendor in January for operating a restaurant without a permit from the Department of Sports, Parks and Recreation.
However, during today’s eviction hearing, Magistrate Judge Simone Van Holten-Turnbull noted the government had collected payments of rent from Coakley for January and February, despite DSPR serving Coakley with a notice to quit last December.
“One hand isn’t speaking to the other,” Van Holten-Turnbull said.
Assistant Attorney General Ariel Smith said the Government would return the funds, attributing the acceptance of the two payments to inadvertent clerical errors. However, Van Holten-Turnbull said the problem was that the funds had already been accepted, therefore invalidating the notice to quit.
While Virgin Islands law does not allow a petitioner in forcible entry and detainer court to accept rent payments after the notice to quit had been served, Smith attempted to argue this case was different from a standard residential case. However, she was interrupted by Van Holten-Turnbull.
“Rental payment is rental payment,” the judge admonished. “Telling me you’ll return it is too late. It’s been paid and accepted. You can’t get over that hump by saying you’ll refund it. That’s not how it works. There is a process.”
Van Holten-Turnbull said the court did acknowledge that One Love Beach Rentals’ permit from DSPR had expired on July 31, 2024, and was therefore holding over, but that the case could not move forward until a proper notice to quit had been served.
Van Holten-Turnbull then dismissed the case without prejudice, meaning the government can refile its eviction action against One Love Beach Rentals.
While it isn’t the end of the fight for his business, Coakley said he saw today’s dismissal as a great win.
“I feel good in spirit and I’m ready to fight,” Coakley said after the hearing. “My new strategy is just keep fighting in good faith and I’m going to come out victorious, just like I did today.”
Outside of the Superior Court’s Magistrate Division, supporters of One Love Beach Rentals gathered in a peaceful demonstration, holding signs and playing music.
“We see that people try to take away the little that we have that’s joyful and entertaining to us and our families here on the island, when it comes to the beaches,” said Vassali Williams, one of the supporters and the owner of the popular St. Thomas vegan restaurant Speedy Redemption. “This has been a problem throughout the Caribbean and in the Virgin Islands. And you know, we’re here today standing saying that we’re tired of this.”
