Surfer Arrested For Not Having A 'Beach Badge' While In The Water — 'Why Is Beach Access Criminalized?'
Since when was surfing on a public beach a criminal offense?
Mari Photographer | Shutterstock Non-surfers may not know that many beaches require "beach badges" in order to surf.
Regulations vary between beaches and many typically allow surfing without a badge, particularly in designated surfing zones. Even when a badge is required, surfers and beachgoers are unlikely to be arrested by patrol officers for not presenting a beach badge — rather, they may be fined or asked to leave.
That was not the case, however, for a surfer in Belmar, New Jersey, who was recently detained for "failing to display a beach badge." The community was alarmed by his arrest and the extreme and unfair policies restricting access to a public space.
An attorney petitioned to decriminalize beach access in New Jersey, claiming the surfer was wrongfully arrested.
Andrew L. Chambarry, Esq., a New Jersey personal injury attorney and beach access advocate, started the petition on August 23 via Change.org, three days after the arrest of 28-year-old Liam Mahoney, which highlighted the “overreach of current regulations.”
“Why should the public be forced to pay for access to a natural resource?” Chambarry questioned in the petition description. “Why is beach access criminalized in New Jersey?”
According to the bodycam footage of Belmar Police, officers confronted Mahoney, demanding proof of a beach badge. Mahoney began to walk off the beach and, despite later revealing his badge to officers, was arrested for not having it on him while exiting the water.
Mahoney and his friend argued with the officers as he resisted arrest. He and his friend asked why the officers were handcuffing him after he showed proof of his badge, but they were ruthless in their efforts to detain him.
“I have a badge; I’m not letting you arrest me,” Mahoney protested. Sadly, his resistance only fueled the officers’ rage, and they eventually pinned him to the sand and forced handcuffs onto him. Mahoney was charged with disorderly conduct, resisting arrest, and obstruction of justice.
“Treating such a minor infraction as a criminal offense is an affront to the principles of fairness, justice, and public access that should be the cornerstone of our state's policies,” Chambarry wrote.
Why are beach badges required on New Jersey beaches?
Requiring beach badges on public beaches began in Bradley Beach in 1929 to fund beach maintenance and public services and limit access to residents and visitors. Various other beach towns followed suit in this decision, and many individuals recognized this regulation as a revenue-generating method that “placed a price tag on nature.”
Currently 41 coastal towns in New Jersey charge “exorbitant” fees for public beach access, according to Chambarry. Beach badge prices vary by town, with daily passes ranging from $10-$12 and seasonal passes ranging from $20-$100.
According to the Public Trust Doctrine (PTD), the government owns, protects, and preserves natural resources for public use. Governor Phil Murphy signed Senate Bill 1074 into law in 2019, ensuring the State protects the PTD. However, Chambarry addressed how this legislation failed to consider the “critical” issue surrounding beachgoers’ requirement to purchase beach badges to access the lands.
Additionally, while Kelly Barrett, borough administrator for Bradley Beach, confirmed that all the revenue generated from beach badge sales “may only be utilized for the functioning of the beach,” Chambarry challenged this, claiming there have been “numerous instances” where beach badge funds were used for non-beachfront related matters, violating the PTD.
“The continued imposition of beach fees, coupled with aggressive enforcement practices that criminalize those who fail to comply, only serves to deepen the divide between those who can afford to pay and those who cannot,” Chambarry argued. “It is time for New Jersey to take a stand against this inequity.”
Mahoney’s arrest sparked a conversation about the ethicality of limiting access to public spaces.
Despite Mahoney’s resistance to comply with officers, law enforcement was out of line in their wrongful and “aggressive” arrest after they ignored his proof of a beach badge. Whether he presented a badge or not, it still would not justify his detainment, and officers could have ethically resolved the matter.
Footage arrest has risen in popularity online, with individuals protesting the injustice of beach badges, which authorize law enforcement to target beachgoers for simply spending time in a public place. These restrictions place an unfair burden on the public and limit access to beaches for low-income families.
“Our beaches are not commodities — they are public treasures,” Chambarry insisted. “New Jersey’s coastline … is a natural wonder that should be freely accessible to everyone, regardless of their financial means. Yet, the current system of beach fees — ’beach badges’ — imposes a financial barrier that unjustly restricts access to these public spaces.”
Individuals interested in taking action against these unfair principles can do so by raising awareness of Mahoney’s arrest and by signing Chambarry’s petition to put an end to the criminalization of beach access and reaffirm the PTD to ensure New Jersey’s beaches are free and welcoming to all.
Francesca Duarte is a writer on YourTango's news and entertainment team based in Orlando, FL. She covers lifestyle, human-interest, adventure, and spirituality topics.