DEAL TO RESTRICT ANGLER ACCESS - The Fisherman

DEAL TO RESTRICT ANGLER ACCESS

The borough of Deal could vote on Friday, October 9th, on a proposed ordinance that would restrict parking on six streets nearest the beach to residents only. They would be issued permits to display in their vehicles.

The move to restrict street parking to Deal residents comes as the U.S. Army Corps of Engineers is nearly finished with a $40 million beach replenishment project that has been completely paid for by the federal government and U.S. taxpayers.

According to the Associated Press (AP), restrictive parking laws are one tactic some Jersey shore towns employ to discourage outsiders from using their beaches. Deal currently restricts parking on some streets near the beach to two hours during the day. Mantoloking also uses that tactic but takes it a step further by restricting people from parking on any public street practically anywhere in the town for more than two hours within a 24-hour period. If a visitor parks in one spot for two hours, then moves the car to a different street, he or she can still get a parking ticket. Several municipalities on Long Beach Island also drastically restrict parking, which has the practical effect of limiting beach access to homeowners.

In an online petition opposing the borough’s proposed Ordinance #1124 which would restrict parking on six oceanfront streets from May 1 to October 31, opponents including surfcasters, surfers and public access advocates say the proposed restriction would place a substantial burden on the public’s ability to access a traditional public forum and is invalid and unconstitutional because it restricts the public’s access to the beach and violates the public trust doctrine, and also violates the public’s right to access a traditional public forum, thereby violating their First Amendment right to speech and assembly.

A legal brief in opposition to Ordinance #1124 is being prepared for publication by Andrew L. Chambarry, a local attorney currently practicing law throughout Monmouth County. This brief will detail the constitutionality of the proposed law while highlighting the weaknesses of the opposing parties’ arguments.

Surfcasters opposed to getting regulated off the public beaches recently replenished with taxpayer dollars should try to attend Friday’s hearing at Borough Hall, 190 Norwood Avenue in Deal at 9 a.m. where the public will have opportunity to respond.

(OCTOBER 7, 2015 UPDATE: Several hours after this article was posted at TheFisherman.com, NJDEP spokesman Bob Considine told the Associated Press, “Deal notified us today they were tabling the ordinance.” Greg O’Connell, beach access representative for the Recreational Fishing Alliance and the New Jersey chapter said “I guess they didn’t want to deal with a room full of angry surf fisherman,” adding that the organization had been in discussion with NJDEP regarding beach agreements that Deal officials had signed prior to replenishment efforts. Considine told the Associated Press on Tuesday, “We have concerns (that) it may impact public access, and it could conflict with the agreement signed with the U.S. Army Corps project. We also simply want to ensure that we work toward providing more public access and not limiting access.” Until official word from Deal on whether or not to table the ordinance, readers should consider this an active issue.)