Author Topic: Is Deal about to unfairly restrict beach access? Please read! The hearing is Oct 9th!  (Read 2308 times)

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Offline SeaCliff

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From the petition on Change.org:https://www.change.org/p/deal-mayor-morris-ades-citizens-in-opposition-to-deal-ordinance-1124?tk=k-6JdO79taXQPrF9DZXRfCQiraOch9nuoFnATc7jnQ8&utm_medium=email&utm_source=signature_receipt&utm_campaign=new_signature

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The town of Deal has proposed Ordinance #1124 which will restrict parking on six oceanfront streets from May 1 to October 31. Only Deal residents located on these streets will be issued parking permits. The Borough will hear arguments in support and against the proposed ordinance on October 9, 2015 at 9:00am. Please come and protect your right to access public beaches.

The proposed restrictions place a substantial burden on the public’s ability to access a traditional public forum and will not survive the following constitutional challenges:

1. The ordinance violates the public's right to access a traditional public forum, thereby violating their First Amendment right to speech.

2. The ordinance violates the public's First Amendment right to assemble.

3. The municipal ordinance allows residents to park on certain streets while prohibiting nonresidents from parking on the same streets. This violates the Equal Protection Clause of the Fourteenth Amendment.

4. The ordinance restricts the public’s access to the beach and violates the public trust doctrine.

As Professor Robert Thompson eloquently stated in a 2014 publication for the Fordham Environmental Law Review, “Many Americans highly value access to the ocean shore. Americans go to their beaches to engage in many activities, including ones that demonstrate that beaches can be public forums.

While some might belittle the importance of our beaches, they are deeply loved public spaces that are every bit as important to us as our city parks. Thus, the public's ability to access public beaches must be as diligently protected as access to our other quintessential public forums: city parks and thoroughfares.” Robert Thompson, Local Government and the Closing of the Coast: Parking Bans and the Beach As A Traditional Public Forum, 25 Fordham Envtl. L. Rev. 458, 507 (2014).

As interested local citizens, we must oppose Ordinance #1124 in order to protect our rights. The best way to do this is by challenging the law itself and the intent of the drafters. The proponents of this law have posted their arguments here:

https://www.change.org/p/the-borough-of-deal-new-jersey-to-limit-street-parking-and-beach-entry-points

As you can see, the arguments in favor of this law are speculative at best and cite no legal authority.

A legal brief in opposition to Ordinance #1124 is being prepared for publication by Andrew L. Chambarry, Esq., 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.

We strongly urge all interested citizens to attend the October 9, 2015 meeting at Borough Hall, 190 Norwood Avenue, Deal at 9:00 am where we will be given the opportunity to be heard.

Please sign this petition to show your support.

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Offline RayG

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This is no different than many OTHER NJ towns. They claim the beach is public as required. They restrict parking on the streets in the vicinity of the public access points. Sometimes seasonally, usually year round. Great example is the strip between SH and Sea Bright.  Try and find a LEGAL spot anywhere near the ONE open walkway over the wall. They have followed the law in principal by designating the beach as "public".


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Offline Crackie Onassis

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There's no summer parking in Marioville either.
So heavy you can't even pick it up.

Offline myxamatosis

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Have you seen deal since the replenishment? The best spot is completely ruined. They have been chalking tires at the most well know deal spot for years so you are only left with the total brown trout show at Philips.


As far as access along the Sh-SB there are few places to park but you have to know where to look. I completely agree that the private access points over the sea wall are total horse brown trout and should all be burned down.

Offline BltByKrmn

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Why would locals be opposed to this? Everyone else who can't walk, sure they are going to be pissed but calling on locals to oppose what will result in more parking and less crowded beaches?

Offline f_leghorn

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public surfing beach access in New York City is an eastward only proposition and the more than half of the peninsula that is basically off limits to outsiders is totally ok with that.

Offline jettyflea

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Why would locals be opposed to this? Everyone else who can't walk, sure they are going to be pissed but calling on locals to oppose what will result in more parking and less crowded beaches?


The problem in this area are the real locals who live in the surrounding towns and even in Deal. The parking restricts parking to only the oceanfront houses. Even other deal residents can't park there. The funny thing is that all these oceanfront houses are owned by Brooklyn Syrian Jews from NY who only use them in the summer. Talk about bennys trying to keep locals out, this is a prime example.

Offline Crackie Onassis

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So the problem is the Jews?









« Last Edit: October 10, 2015, 07:07:28 AM by Crackie Onassis, Reason: a bit harsh »
So heavy you can't even pick it up.

Offline jettyflea

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So the problem is the Jews?
Bascially, just kidding. The problem is seasonal bennys trying to restrict parking or anyone trying to restrict parking. It's just pissed people off more when they only come in the summer.