Gate crashers push to get across the chain onto the OG beach. Sunday morning 10 am, Paul Goldfinger photo. © Blogfinger.net. 8/27/23.
Paul Goldfinger, Editor, Blogfinger.net. Ocean Grove, NJ 10/7/23
This information is by way of NJ.com and New York Post coverage. These are fragments of the suit’s content.
In the suit they make the same error that we have often talked about, referring to the OGCMA as “Ocean Grove.”*
The CMA wants an” injunction” preventing summer Sunday morning beach goers from entering the beach.
“The Ocean Grove Camp Meeting Association asked the judge to rule that preventing public access on Sunday mornings from Memorial Day weekend to Labor Day weekend is ‘a valid and lawful practice that satisfies the public interest of reasonable access to the sea and a lawful accommodation of the interests’ of the Camp Meeting Association.”
“Limited access to the beach on Sunday mornings benefits the community, according to the lawsuit. Martins is accused in the lawsuit of attempting to direct Neptune police officers to “circumvent” the Sunday morning restrictions.”
“The lawsuit seeks a judgment declaring that the public’s right of access to its beachfront is not unlimited and that as a private property owner, (Ocean Grove*) has complied with its legal obligation to provide reasonable access to the public.”
“Anyone, regardless of race, creed, religion or orientation is welcome onto this private property 99.5% of the year,” the court papers say, adding, “no other private owner of beachfront property extends such openness and hospitality.”
That seems to be the crux of the suit, but those who want to read it in its entirety, internet access is available.
FATS WALLER:
I now believe that the CMA may actually win this potentially ground breaking suit. Someone once said, “The law is an ass.” The law should follow the law, but the judge in Freehold might be flexible. The CMA has a record of winning in court.
There are three definitions for open space in the Municipal Land Use Law.
“Common open space” is an open space area within or related to a site designated as a development. The beach meets this definition since OG is a development of the OGCMA.
“Public areas”, means public parks and other recreational areas. The beach also meets this definition.
“Public open space”, an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational uses. The beach does not meet this definition since it’s owned by a private corporation.
Tax exempt or not, the OGCMA should have the legal right to close the beach at some time for their convenience.
Are you sure that NU actually has a membership list? I doubt it. It is probably fair to say that all the gate crashers are NU sympathizers. When I was on the boards 8/27 Sunday morning the two Neptune United founders were there and taking the lead in discussing their views with a Neptune police officer whom they called. I have a photo of that. And I have a photo of Shane closely watching Michael Badger debate one of the gate crashers.
They also make the mistake of calling the Sunday morning beach users as Neptune United. Almost all of the people I know who go are not members of that group.