The Court of Aruba has upheld a government decision denying permission for a resident to place planters on a public sidewalk, ruling that keeping narrow walkways clear serves a broader safety interest.
The August 19 decision followed a dispute that began in February 2023. The resident had placed flower and plant containers on the sidewalk at a corner property without authorization. DOW ordered the obstacles removed within one week.
Parking problem did not justify obstruction
The resident argued that vehicles regularly parked on the sidewalk, damaged a garden wall and blocked access to the home. The court found that those concerns did not give a private citizen the right to block public space. Enforcement against illegal parking remains a police responsibility.
DOW’s policy does not permit obstacles on sidewalks or verges measuring two meters wide or less. The court considered the rule reasonable because clear space is needed for pedestrians, including people with limited mobility, and for vehicles that may need to avoid hazards.
Equality argument rejected
The resident also pointed to seven other locations where planters were reportedly present. The court concluded that the examples were not proven to be legally comparable, including whether the walkways had the same width or whether permits existed.
The appeal was declared unfounded, leaving the refusal in place. The ruling reinforces that parking complaints must be addressed through enforcement rather than private obstacles on a public sidewalk.
Source: Information based on reporting from 24ora.
