Aside from being a geographically small city, Tybee creates walkability through a grid network of narrow, shared streets. Additionally, most streets on Tybee eschew the implementation of sidewalks. The narrow streets encourage slow driving and the lack of sidewalks requires pedestrians to be in the street. The shared street concept requires drivers to be more cautious, which produces a more relaxed street atmosphere that increases accessibility for walkers and cyclists.
This confusion is so widespread that some states, including California and Michigan, have gone so far as to issue official statements informing the public that the requirements do not originate from the state or local government, but from the retail establishments themselves. Georgia could do the same, but relevant organizations like the Georgia Alcohol Dealers Association could also address this issue without any need for government intervention; the intended result would not necessarily be the banning of bags, but the elimination of widespread forced bagging and the notion that establishments need to supply bags.
While the Supreme Court cleared the way for Mapache to challenge title, it still must produce legible documents that clearly show the marshlands and tidelands were conveyed by the Crown. Back in 2006, the Georgia Supreme Court heard a similar case. In Black v. Floyd, the judgement of the lower court was affirmed by the Supreme Court because the landowners could not clearly show the property was conveyed by the crown. They had the documents, but they were so illegible that as a matter of law the court was able to rule for the State of Georgia. The landowners stated that the documents instructed the grantee to drain swamp and marsh “if any such contain herein.” The Court, though, said that even if the documents did say that, it wouldn’t be enough to show that the Crown clearly intended to convey tidewaters.
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