Kicked Off Beach/Anchorage (Gripe)

levittownnick

Senior Chief Petty Officer
Joined
Jul 2, 2003
Messages
789
The “Sore Thumb” is part of Oak Beach on the South Shore of Long Island N.Y. and is a small peninsular in the Fire Island Inlet. It has an open section of beach and a more protected section of beach. The open section is very popular for fishing and in the past the protected (from the Ocean’s waves) has been popular for boaters.<br /><br />Saturday July 23, 2005 @ the “Sore Thumb” on Oak Beach we and all of the other boaters that were anchored in this cove were forced to weigh anchor by the local police department. This beach has two sections, one on Fire Island Inlet and one on a cove. The stated reason is that this is a “Truck Beach” reserved for vehicles with a permit and all of the required equipment and that each person on the beach must be actively fishing. Most of the people on this section of beach were gathered with family and friends with picnic lunches enjoying children playing and family. This beach is well suited for small children because the edge of the water has a very gradual slope keeping the water shallow for a good length. This allows parents the opportunity to safely monitor their children, and because of this shallow slope, it is not the most favorable area for fishing. On the other hand, the section of beach on the inlet is quite favorable for fishing as is evident by the great number of people fishing there, as well as can be seen that there are no boats anchored close to shore.<br /><br />On this particular day, I was gathered there with my wife and cousin, we arrived in my boat, we met with my oldest son, his wife, sister-in-law, niece and nephew who had arrived in their boat, we also met with my younger son, his wife and their two children who arrived by their 4-wheel drive (with permit/equipment), and with my youngest daughter and husband who arrived by personal watercraft.<br /><br />There are no signs on the beach prohibiting any of the activities that we were engaging in, and I did not notice any one from any other place on this beach engaging in any activity that appeared unsafe or aberrant. The nautical charts used for navigation has no notices prohibiting anchoring in this area. (These charts show area’s where anchoring is prohibited). This area is not on private property.<br /><br />One person said that they were using this beach in this manner for the last 20 years and had not experienced this before. Needless to say that we are upset over this situation.<br /><br />What are our available options?
 

Homerr

Commander
Joined
Mar 4, 2002
Messages
2,294
Re: Kicked Off Beach/Anchorage (Gripe)

I would be asking for proof of the city/state ordinance that shows the restrictions and land use. Make them prove it.<br />Sounds like there are a lot of you, so pool your resources and hire a lawyer if the city/state can't prove the land use.<br /><br />As much as I hate them... Do you have a local ACLU chapter? You could try them... Of course... that is if you are a minority. If you're white trash like me, then you're out of luck :) <br /><br />H.
 

roscoe

Supreme Mariner
Joined
Oct 30, 2002
Messages
21,708
Re: Kicked Off Beach/Anchorage (Gripe)

Curious, what sort of equipment are the trucks required to have?
 

chuckz

Chief Petty Officer
Joined
Aug 22, 2004
Messages
625
Re: Kicked Off Beach/Anchorage (Gripe)

Nick,<br /><br />Were these Babylon or Suffolk County cops? Who has jurisdiction over that area of the beach? The Babylon guys have been over zealous for years and have been known to try to force people off of property that is out of their jurisdiction. Either way I would file a complaint. <br /><br />If you do a little research you'll find that all beaches are public property from the mean high tide mark to 100 or 200 feet above that mark. They may be able to regulate access from land to the beach but I don't think they can leagally do squat if you arrive from the water.<br /><br />Contact Long Island Beach Buggy Association, they should know the rules.
 

alden135

Lieutenant Commander
Joined
Sep 1, 2004
Messages
1,770
Re: Kicked Off Beach/Anchorage (Gripe)

Originally posted by Homerr:<br /> <br /><br />As much as I hate them... Do you have a local ACLU chapter? You could try them... <br /><br />H.
Just tell the ACLU folks that someone on the beach commented "God, thats a nice boat you got there." Inform the lawyers you were offended by the use of that word on public property. They will sue so no one can use the beach but you. :D
 

levittownnick

Senior Chief Petty Officer
Joined
Jul 2, 2003
Messages
789
Re: Kicked Off Beach/Anchorage (Gripe)

Thanks for the support. I see I have homework to do. I didn't even observe which police department it was, but I will find out. Part of the problem is going to be to find any others that were using the beach other than my family because we are not part of any social group or organization.<br />When and if I get any thing useful I will post it here.<br />Thanks again for your support.<br />Nick
 

chuckz

Chief Petty Officer
Joined
Aug 22, 2004
Messages
625
Re: Kicked Off Beach/Anchorage (Gripe)

Understand that nothing will happen from this incident since you weren't issued a summons. However, to be forewarned is to be forearmed. Meaning if you do you homework and know the law, you won't be bullied again.
 

txswinner

Banned
Joined
Apr 24, 2005
Messages
2,326
Re: Kicked Off Beach/Anchorage (Gripe)

Hate the ACLU, strange they are actually a conservative action legal foundation. The support a strict interpetation of the Constitution. Yes they represented the right to have the 10 commandments on the Texas State Capital grounds. One must always be careful in what they claim to be.
 

txswinner

Banned
Joined
Apr 24, 2005
Messages
2,326
Re: Kicked Off Beach/Anchorage (Gripe)

Oh yeah and good luck on the beach, and yes I would contact the ACLU this should be right up there line.
 

levittownnick

Senior Chief Petty Officer
Joined
Jul 2, 2003
Messages
789
Re: Kicked Off Beach/Anchorage (Gripe)

I was told that these were NY State Police.<br />I just sent a similar e-mail (as above) to my State Senator Kemp Hannon and I'm looking forward to a response.<br /><br />Nick
 

chuckz

Chief Petty Officer
Joined
Aug 22, 2004
Messages
625
Re: Kicked Off Beach/Anchorage (Gripe)

I checked the map, the Sore Thumb shows as part of Robert Moses State Park. I thought some of it was Town of Babylon but it didn't look that way on Google maps. Maybe the other side of the inlet is Town of Babylon.<br /><br />Anyway, sound like State Police jurisdiction. Something is still very wrong here. Please post back when you get a response from your State Senator.
 

Mark42

Fleet Admiral
Joined
Oct 8, 2003
Messages
9,334
Re: Kicked Off Beach/Anchorage (Gripe)

I would check with the parks department. This link has the park information and contact number. NY State Parks <br /><br />I have applied for a boat permit for another park in NY on Long Island. Without the permit they say you have to anchor 50 yards off shore. With permit you can anchor right near shore in an approved area. Wading depth. <br /><br />Call the parks department.
 

levittownnick

Senior Chief Petty Officer
Joined
Jul 2, 2003
Messages
789
Re: Kicked Off Beach/Anchorage (Gripe)

Thanks Chuck & Mark, those are good tips. Mark, nice boat & pictures.
 

levittownnick

Senior Chief Petty Officer
Joined
Jul 2, 2003
Messages
789
Re: Kicked Off Beach/Anchorage (Gripe)

Update 9/2/05. I received a letter this weekend from Senator Kemp Hannon dated August 20, 2005 that reads:<br />Dear Mr. XXXXX<br />Thank you for contacting my office regarding the unfortunate incident which took place on Saturday, July 23, 2005, wherein you and other boaters in the "Sore Thumb" portion of Oak Beach were forced to weigh anchor and leave the area by the State Police. I appreciate your taking the time to share your concerns with me on those matters of importance to you.<br /><br />On your behalf, I have written to the appropriate authorities who would have jurisdiction over this matter, and have asked that they comment upon the events which took place. I have also asked whether this was an isolated incident or whether this is a new practice or directive. As soon as I receive a response in this regard, I shall apprise you of their reply.<br /><br />Once again, thank you for taking the time to bring this matter to my attention. In the meantime, if you have any additional questions or concerns, with this or with any other matters, please do not hesitate to contact me again.<br /><br />Signed Sincerely Kemp Hannon Member of Senate Sixth District
 

neumanns

Lieutenant Commander
Joined
Mar 1, 2003
Messages
1,926
Re: Kicked Off Beach/Anchorage (Gripe)

Beuacracy in (slow) motion, But.......There working on it.
 
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