The Middletown Press (Middletown, CT)

No plans to extend resident-only beach ban

- By Meghan Friedmann

MADISON — The town is not planning to extend a one-week ban restrictin­g nonresiden­ts from using its three municipal beaches, according to Scot Erskine, director of the Beach & Recreation Department.

But the ban, which was instituted in the wake of Tropical Storm Isaias and expires Monday, marks the latest in a series of beach access restrictio­ns rolled out during the COVID-19 pandemic that prioritize resident access, and the American Civil Liberties Union of Connecticu­t issued a statement Friday critical of such policies.

First Selectwoma­n Peggy Lyons said the recent ban was meant to maintain safe capacity limits during the COVID-19 pandemic while also ensuring residents could access town beaches for relief after Tropical Storm Isaias caused widespread power outages in Madison.

The measures have included barring nonresiden­ts from beach parking lots on weekends, a call Lyons said at the time wasn’t easy to make.

But she made that call, and others, in an effort to limit crowds, allow for distancing and discourage people from traveling around the state when they risked spreading the virus, Lyons said.

“Everything under this public health emergency is unusual,” she said. “Believe me, the last thing I ever want to do is have people come to our community and not feel welcome.”

But while distancing is important, ACLU of Connecticu­t Director David McGuire said, there are ways to achieve it without restrictin­g access based on residency.

“Physical distancing is a worthwhile public health goal, but these

ordinances attempting to delineate access to public beaches based on town residency or non-residency are poor public policy and are not grounded in science,” he said.

McGuire also pointed out that there is a history of segregatio­n and racism associated with beach access restrictio­ns in Connecticu­t.

“We are also mindful of the long history of Connecticu­t shoreline towns using resident-only beach access policies to enforce backdoor racial segregatio­n, and it is important that these recent policies do not become the latest footholds for … racial injustice,” he said.

“I understand the sensitivit­y around this,” Lyons said, adding that she would hate for Madison to be seen as unwelcomin­g due to its beach policies, which she has viewed through the lens of a public health crisis.

And the town is in an especially tough spot because it is home to Hammonasse­t Beach State Park, Lyons said.

With the park enforcing capacity limits this summer, beachgoers have headed to Madison’s town beaches in large numbers after being turned away from Hammonasse­t, according to Lyons.

In July, for example, Madison saw an uptick in out-oftown vehicles that tried to enter town beach lots, and a subsequent “influx of people parking on side streets and walking into our facilities,” per a July 15 update from Lyons.

The numbers made social distancing difficult, she said.

Lyons subsequent­ly extended an order restrictin­g parking spots to residents on weekends and holidays through Sept. 9. The same order instructed “the local traffic authority to limit onstreet parking to Town residents only on designated accessory roads,” according to a July 22 announceme­nt.

But Lyons emphasized that unlike some other municipali­ties, the town did not prevent nonresiden­ts from walking onto the beach

until the aftermath of Tropical Storm Isaias.

More than 80 percent of the town lost power during the storm, and many did not get it back for days, Lyons noted.

“We were dealing with double emergencie­s last week,” she said, referring to the storm and the pandemic.

Wary that residents might be without air-conditioni­ng, and with a heat wave on the way, Lyons wanted to make sure folks could use the town beach to cool off during the emergency, she said.

While issues over beach access during the pandemic have sparked legal concerns, Lyons said that the town counsel reviewed the policy.

Madison’s attorney, Floyd Dugas, did not return a request for comment.

When asked for comment on Madison’s policy, Elizabeth Benton, a spokeswoma­n for state Attorney General William Tong, referenced the ruling for the Connecticu­t Supreme Court case Leydon v. Town of Greenwich.

The case “made it clear ... that ‘public access to the area [Greenwich Point] can only be restricted …when the exclusion is necessary to serve a compelling state interest and the exclusion is narrowly drawn to achieve that interest,’” Benton said.

It also “[affirmed] the right of non-residents to use town parks and beaches throughout the state,” a 2001 ACLU statement said.

Whether towns can establish beach access policies

based on residency is a local legal matter, according to Benton.

“Connecticu­t beaches are a treasure to be shared by all,” she said. “We strongly support efforts by state and local government­s to protect public health during this unpreceden­ted emergency, but those protection­s must not be used as an opportunit­y to deprive the public of their constituti­onal rights.”

State Rep. Noreen Kokoruda, R-Madison, said the pandemic has put communitie­s in a difficult position when it comes to beach access, as it is “impossible to practice social distancing without limiting beachgoers.”

“Although state law requires our beaches to be open to everyone these are very unusual times and safety has to be our priority,” Kokoruda said.

Madison is fortunate to have Hammonasse­t, which is open to everyone, Kokoruda continued. “I think Madison residents and taxpayers have to be given priority with town beaches in these exceptiona­l times,” she said.

A beachgoer at the Surf Club beach Friday, who declined to give her name, felt the restrictio­n was helpful to residents who paid taxes to support Madison’s beaches, she said. “One of the reasons we moved here,” she said, was “to have beach access.”

She knew of other residents who had been turned away from the town beaches due to overcrowdi­ng, she said.

 ?? Peter Hvizdak / Hearst Connecticu­t Media ?? A sign at the entrance to the Surf Club beach in Madison Friday asking for proof of residency.
Peter Hvizdak / Hearst Connecticu­t Media A sign at the entrance to the Surf Club beach in Madison Friday asking for proof of residency.
 ?? Peter Hvizdak / Hearst Connecticu­t Media ?? Town of Madison beach at East Wharf Park on Friday.
Peter Hvizdak / Hearst Connecticu­t Media Town of Madison beach at East Wharf Park on Friday.

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