Surfers and fishermen could get to the water’s edge without having to buy a beach tag under legislation introduced by a New Jersey assemblywoman.
The bill, introduced by Margie Donlon (D-11) on Sept. 19, apparently stems from an incident in Belmar in August, when a surfer was denied access to the water without a beach tag. The surfer, Liam Mahoney, of Junction City, California, was ultimately arrested, but for reasons other than not having a beach tag.
The arrest, which was captured on video, shows Mahoney being uncooperative with police until he was forcibly taken to the ground and placed in handcuffs. Belmar Police Chief Tina Scott released the full video of the arrest and in a public statement said Mahoney was not arrested for not having a beach tag but for obstruction.
The arresting officer originally cited N.J.S.A. 40:61-22.20 to Mahoney. The law allows municipalities to create a charge for using the beach and has no exemption for surfers and fishermen. Donlon’s measure, Assembly Bill A-4816, prohibits requiring a beach tag for surfers and fishermen for access to the beach below the mean high tide line.
Donlon’s bill reads, “Notwithstanding the provisions of any law, or rule or regulation adopted pursuant thereto, to the contrary, a municipality shall not require a municipal beach tag or similar admission pass for access to the wet sandy beach below the mean high tide line, for a surfer or a fisherman for the exclusive purpose of surfing or fishing.”
Donlon, of Monmouth, has been a surfer for 20 years, according to a wpgtalkradio.com article. The site reported that she said surfers and fishermen are now allowed to have access to the water, but interpretations vary as to where there is a beach involved; her bill seeks to clarify the issue.
A-4816 was referred to the Assembly Tourism, Gaming and the Arts Committee.
Donlon’s office did not immediately reply to a Herald email seeking further information.
Contact the reporter, Christopher South, at csouth@cmcherald.com or 609-886-8600, ext. 128.
