War of the Words. Clash of two small groups. 8/27/23. Sunday morning. Ocean Grove. Paul Goldfinger photograph.
Paul Goldfinger, MD. Editor.
Blogfinger.net. Ocean Grove NJ, USA. 04/13/24.
In the NY Times piece of April 12, (scroll down) there is an opinion by an “expert” regarding the role of religion in this beach closure controversy and in the possible court arguments. Below is a quote from the end of the piece including a statement by a Michigan lawyer who works on “religious property disputes:”
NY Times: “Some people here long for the days when religion and tradition were more respected. Others, especially people who moved into the community in recent years, question why a Christian nonprofit has so much power.
“A spokesman for the Department of Environmental Protection said the agency would not comment on pending litigation. The hearing that begins on Wednesday under New Jersey Office of Administrative Law Judge Tricia Caliguire is scheduled to take place for five days over two weeks.
“The judge is likely to consider two competing arguments, said Dan Dalton, a Michigan-based attorney who works on religious property dispute cases.
“New Jersey has a strong history of upholding its blue laws, but coastal protection has been at the forefront in recent years.
“If they argue, this is the way it’s been and how they think it should be in the future, I’m not sure it’s the best argument based on the times we’re in right now and because of how judges tend to lean,” Mr. Dalton said. “We’re not in a time when religion is seen as a necessity.”
Blogfinger note. 4/13/24: I wonder if the judge will worry about “coastal protection ” or about “blue laws.” Neither are part of the landscape of this case.
The beach closure is not a “blue law” like we had here for 110 years. It is a regulation by those who are permitted to manage the beach front in a way that suits the public’s recreational interests.
It is not a manifestation of “Christian power.” The discussions in town about this are mostly naive and simple minded, and that is why this court case is worthy because it should look at a wider and deeper expanse than most of the local theories. Look how misleading the Times’ expert (above) is.
As for “We’re not in a time when religion is seen as a necessity,” this expert has gone off the rails with this comment. No one from the CMA has claimed that beach closures are a” religious necessity.” They have said that there are religious influences among others for their closure policy.
And this case is not a “religious property dispute,” although it should get into how much real power the CMA has in running the OG beachfront.
And the CMA has not really promoted the weak idea that “this is the way it’s been and how it should be in the future.”
The CMA has claimed that they may be victims of “religious persecution,” and that charge requires a careful assessment and not be summarily dismissed in court. For that, the DEP itself may be on trial.
Finally, in court, if the arguments are only about minimal beach closures, will the judge decide that this is much ado about very little and allow the DEP to win because they are legally empowered and the CMA needs to step aside on this matter.
Hopefully the arguments in court will maintain a mellow tone. Here is Duke Ellington and John Coltrane. “In a Sentimental Mood.”
Paul Goldfinger, MD. Editor Blogfinger.net.
By Paul Goldfinger, Editor, Blogfinger.net
The CMA never claimed that they needed those 3 Sunday hours for maintenance, and besides, the time spent from 9-12 each summer Sunday morning has not been an issue.
The issue is closing the beach on Sunday mornings when the beach ought to be open.
Even one hour could be a problem where justice is concerned.
This is similar to 1979 when the gates into town were closed for all day Sunday, but the law suit stemmed from closing out newspaper deliveries each Sunday morning at night . The suit was not about religion; it was about freedom of the press; which is part of the First Amendment to the Constitution.
Like shutting out beachgoers for 3 hours, those newspaper deliveries just took a few hours during the night. But once the court got hold of it, they expanded the issue and OG wound up with new governance: the CMA was gone, and the Neptuners moved in.
Maybe this beach closure case will become about more than those 3 hour summer Sunday mornings.
I have concluded that the OGCMA could easily win their case by showing that their Sunday beach closure for maintenance amounts to less time than other county, state or federal parks in NJ.
Going in front of a hostel woke anti-Christian judge is a losing battle when it comes to anything dealing with Christian religion.