July 4, 2018. Tent Village, OG. Paul Goldfinger photo.
By Paul Goldfinger. Editor. Blogfinger.net. 6/27/23
“In the oft-quoted words of Thomas Jefferson, the First Amendment seeks to erect, as nearly as possible, “a wall of separation between Church and State.”
QUOTES FROM THE 1979 STATE SUPREME COURT REGARDING OG GOVERNANCE BY THE CMA: *
“Regardless, however, of the precise phraseology that one utilizes to describe this First Amendment mandate, there can be no question but that at a minimum it precludes a state from ceding governmental powers to a religious organization.”
In Ocean Grove, “Government and religion are so inextricably intertwined as to be inseparable from one another. Such a fusion of secular and ecclesiastical power not only violates both the letter and spirit of the First Amendment, it also runs afoul of the ‘establishment clause’ of our own State constitution, see N.J. Const. (1947), Art. I, For the foregoing reasons, N.J.S.A. 40:97-1 et seq. is hereby declared unconstitutional and of no force and effect.
“The Ocean Grove Camp Meeting Association of The United Methodist Church can be delegated neither the power to manage public highways or other public property, the power to make laws, nor the power to enforce Board rules *418 through establishment of a police department and municipal court. These functions must henceforth be exercised by the governing body of Neptune Township, of which Ocean Grove forms a part.
“This way of life need not be abandoned on account of today’s decision. The Association may continue to adopt rules which it deems necessary to protect Ocean Grove’s unique cultural and spiritual characteristics.
“The inhabitants of Ocean Grove and indeed all others who so choose remain free to voluntarily abide by those rules. The (CMA) Board, however, cannot exercise essential governmental functions, make law or force compliance with its rules through the establishment of a municipal court and police department. These are functions which can be exercised only by the people as a whole.”
- Justia US Law
REVEREND HAROLD FLOOD’S 1979 STATEMENT: (in quotes)
In 1979, governance of Ocean Grove was turned over to Neptune Township after rulings by the US Supreme Court and the State Supreme Court. Prior to that the CMA was able to enforce their “blue laws.” The President of the CMA was Rev. Harold D. Flood, and he thought that his group would be able to still enforce some of their “regulations and rules.”
He stated his opinion of the situation in a statement which he made in writing on November 16, 1979. A copy of that paper was given to me some years ago by a historian in town, but now I am ready to share Rev. Flood’s words from 44 years ago in light of today’s (2023) behavior of the CMA relative to the 21st century diverse and democratic town of Ocean Grove.
Rev. Floyd said that “the CMA’s rules and regulations have been adopted to help make Ocean Grove different from some other places.”
Then he said, “For some people, the recent decision of the U.S. Supreme Court was no surprise, but for me it was a great disappointment. No provision was made either by the State Supreme Court or by the U.S. Supreme Court for the protection of the rights of those residents who have moved to Ocean Grove because of their preference for the lifestyle of this community.”
“But now, by action of the State Supreme Court…supported by the U.S. Supreme Court…the Camp Meeting Association has no authority to enforce rules or regulations that make us different from other communities.
“We can only hope and pray that those who do have municipal authority will see fit to give their support to the people who want to maintain Ocean Grove as a special place.
“The Trustees of the Camp Meeting Association will do all that they can to encourage such support from our municipal authorities.
“Beyond this, the Trustees will concentrate their time and their attention towards the fulfillment of their chief objective as stated in their by-laws that of maintaining Ocean Grove as a Christian seaside resort.
“No adverse decision of the courts can deter the Trustees as they seek to minister to Christ through all of the activities of the Camp Meeting Association.”
PG: I am not a lawyer, but this means to me that the CMA should be limited in what rules it attempts to impose on all the citizens of OG. That would appear to apply to Sunday morning beach closings and perhaps the push to create a “seaside Christian community.” Other issues regarding separation of church and state must be addressed legally if at all.
And as the CMA continues to push in new directions, as with the cross shaped pier, piergate, yogagate, etc, Neptune governance may have to challenge those initiatives.
Appropriate civic organizations such as the Home Owners Association may have to address such excesses, but their record since the 1990’s reveals a lack of courage.
This town needs a new activist group to stand tall for the secular people of OG.
DAVID LEONHARDT “Jazz for Kids.”