'Rick on the roof' descends from his Fort Myers Beach garage without answers

The Fort Myers Beach resident who earned the nickname ”Rick on the roof” is now, six days later, ”Rick off the roof.”

Daily sunrise photos posted on Facebook, a volleyball companion named Wilson and a recorded roof temperature of 188 degrees on Monday, accompanied Rick Loughrey as he remained on his garage like he promised. He even added wooden planks to his platform as makeshift bedrails so he wouldn't roll off in his sleep.

Rick Loughrey, a Fort Myers Beach resident and Hurricane Ian survivor, steps off the roof of his garage after ending his protest Monday, August 7, 2023. Loughrey spent six days on the roof hoping to get answers regarding the fate of his garage with recent interpretations of FEMA regulations by the Town of Fort Myers Beach. The protest ended without answers.

But after six days and no answer from FEMA, Loughrey made his descent into a crowd of cheering friends.

"Rick off the roof!" they shouted. "We got your back Rick!"

As soon as his feet touched the gravel on the ground, Loughrey embraced his wife, Amy. He then greeted his supporters with hugs and handshakes.

After Loughrey spent the night on land, FEMA floodplain management specialist James Mascellino responded to Amy in email Tuesday morning. It read, "We have discussed your situation with the Town of Fort Myers Beach and Florida Division of Emergency Management's Office of Floodplain Management and have concluded that this issue resides with the local government."

The Loughreys also met with a governor's office employee Tuesday morning. Prior to the meeting, Amy said she didn't know what to expect. She said the meeting with the representative from Gov. Ron DeSantis' office was productive, and they expressed what Fort Myers Beach needs help with.

Rick Loughrey, a Fort Myers Beach resident and Hurricane Ian survivor, hugs his wife Amy after ending his protest Monday, August 7, 2023. Loughrey spent six days on the roof of his garage hoping to get answers regarding the fate of his garage with recent interpretations of FEMA regulations by the Town of Fort Myers Beach. The protest ended without answers.

Loughrey began a speech after his descent Tuesday, which he handwrote while on the roof and had his wife type up, with his community behind him.

"I knew when I went up there, I wasn't the only one on the island struggling," he said. "But little did I know how many joined us with similar struggles. Our island and our people are hurting... so how should we move forward?"

Rick Loughrey battles the hot weather on Monday, August 7, 2023, while continuing to protest from the roof of his Fort Myers Beach garage. He is protesting code regulations that his garage must come into compliance with new FEMA regulations. The entities are still at a stalemate.
Rick Loughrey battles the hot weather on Monday, August 7, 2023, while continuing to protest from the roof of his Fort Myers Beach garage. He is protesting code regulations that his garage must come into compliance with new FEMA regulations. The entities are still at a stalemate.

He advocated for change and better relationships with the building department, so someone doesn't feel like they're going to the principal's office when they go to town hall.

The Loughreys lost their home to Hurricane Ian on Sept. 28. Like much of the island, a plan to rebuild is slow-going as they traverse rebuilding rules and restrictions.

Loughrey said it was time for him to come down for his wife, for his neighbors and for the sea turtles across the street that could be distracted by the lights and commotion from his property, which became a popular destination over the last few weeks.

FEMA regulations require the garage be built to new codes

Thursday, a group from FEMA came to inspect the garage, and Loughrey descended his ladder to chat with them then, Amy said. When they said they would need to meet before providing an answer, Loughrey ascended his two-story ladder and returned to his mini home on the roof.

FEMA told Amy the earliest all the necessary personnel could meet was Monday. Their response came Tuesday, passing the issue back to the town, essentially in the hands of community development director Steve Poposki.

Monday morning, Amy spoke during public comment at a Fort Myers Beach Town meeting, thanking council members for their support. The Loughreys' situation was not on the town's agenda.

More: Fed up with town staff and codes, one Fort Myers Beach resident took to his roof

A Fort Myers Beach spokesperson said the garage that survived Hurricane Ian doesn't comply with current Florida Building Code, FEMA floodplain and other regulations that have changed since the storm ravaged Southwest Florida. The building must be brought into compliance.

The Loughreys can rebuild their home to connect to the garage or convert it into a stand-alone structure for parking and storage only while also bringing it to current regulations. Or, they can demolish it and rebuild to new standards.

After Ian, the Loughreys' property changed from a flood zone A to Coastal A, which has a different set of regulations.

Rick Loughrey, right, a Fort Myers Beach resident and Hurricane Ian survivor, gets cheered on by supporters and neighbors after ending his protest on Monday, August 7, 2023. Loughrey spent six days on the roof of his garage hoping to get answers regarding the fate of his garage with recent interpretations of FEMA regulations by the Town of Fort Myers Beach. The protest ended without answers.

Fort Myers Beach must comply to these regulations because it participates in the National Flood Insurance Program, which reduces flood insurance costs. Maintenance of its good standing with FEMA also impacts post-disaster funding and mortgage availability for residents, according to the town's spokesperson.

Local governments that participate in the FEMA Community Rating System have a rating between Class 1 and Class 10. Class 10 communities receive no discount on flood insurance premiums, and Class 1 communities receive a 45% discount.

"Historically, the Town of Fort Myers Beach has had a CRS rating of Class 7, which provides a 15% discount on flood insurance. If Fort Myers Beach does not strictly enforce the 50% Rule, there is the strong possibility that the property owners in the Town could end up losing 10% of their FEMA flood insurance discount," the spokesperson wrote in a press release. "Since flood insurance is required to obtain a mortgage, that extra cost could make rebuilding in the Town even more financially difficult."

But the Loughreys and their team of engineers and architects disagree that the 50% rule applies. The rule "prohibits repairs and improvements on damaged homes exceeding 50% of their market value unless the entire residential structure is brought up to the most current building codes and flood regulations."

However, the couple argues their garage was never attached to their home; the garage was a stand-alone structure, so this 50% rule should not apply. The only thing that connected the two structures was a piece of flashing used to divert rainfall, Amy said.

The town, however, argues the house and garage were attached.

Six days on the roof 'I'm baking like a cookie'

Loughrey ascended in protest on Wednesday at 8:30 a.m. By Monday around 3 p.m. he said his body had begun to feel a little funny.

"My skin, even though it's not burned, feels like it's roasted from within," Loughrey said. "I think it's kinda like I'm baking like a cookie from the inside out up here."

From the rooftop, he communicated with people down below via baby monitors that Amy purchased from a BestBuy. His orange bucket got some heavy use over the weekend, filled with cookies, sandwiches and even alcohol gifted by community members and total strangers.

With a rainbow in the background, Rick Loughrey, Fort Myers Beach resident and Hurricane Ian survivor, stands on the roof of his garage minutes before ending his protest Monday, August 7, 2023. Loughrey spent six days on the roof hoping to get answers regarding the fate of his garage with recent interpretations of FEMA regulations by the Town of Fort Myers Beach. The protest ended without answers.

People traveled from Orlando, Tampa, Fort Lauderdale, Bonita Springs and Naples to offer Loughrey support. Non-stop honks echoed from cars driving past on Estero Boulevard. Saturday "was insane," Amy said.

"We had about 30 people show up. The people from Orlando came in Slingshots," she said of the three-wheeled motorcycles. "They brought a ton of booze."

Loughrey didn't want any alcohol in the scorching heat, but the crowd insisted on sending up their goods.

Community support continued to pour into the Loughreys' driveway throughout the weekend. Even those who disagree with them and believe the house was laterally attached still stopped to support "Rick on the roof."

Rick Loughrey battles the hot weather on Monday, August 7, 2023, while continuing to protest from the roof of his Fort Myers Beach garage. He is protesting code regulations that his garage must come into compliance with new FEMA regulations. The entities are still at a stalemate.
Rick Loughrey battles the hot weather on Monday, August 7, 2023, while continuing to protest from the roof of his Fort Myers Beach garage. He is protesting code regulations that his garage must come into compliance with new FEMA regulations. The entities are still at a stalemate.

'Rick off the roof' will continue to fight

Loughrey promised to continue to fight this. But for now, he's going to take a shower and eat a meal not delivered via bucket.

With a rainbow in the background, Rick Loughrey, Fort Myers Beach resident and Hurricane Ian survivor, stands on the roof of his garage minutes before ending his protest Monday, August 7, 2023. Loughrey spent six days on the roof hoping to get answers regarding the fate of his garage with recent interpretations of FEMA regulations by the Town of Fort Myers Beach. The protest ended without answers.

"It's not fair, and it hurts every single day," he said. "First the storm, then survival, then insurance and then wars with politics. We're all in a battle to find some sort of normalcy."

Emma Behrmann is a breaking news reporter for The Naples Daily News and News-Press. You may contact her at ebehrmann@gannett.com. Follow her on Twitter @emmabehrmann.

This article originally appeared on Naples Daily News: Fort Myers Beach man spent 6th day on roof protesting FEMA rules