Respectfully disagree.
Full statement from Chief of Belmar Police.
I would like to provide the community with some additional context regarding the arrest made on the Belmar Beach on Tuesday August 20th. I have viewed the officer’s body worn camera footage that shows the interaction between Officer Braswell and Mr. Mahoney and the events that led to his arrest.
During the week, officers received multiple complaints regarding surfers illegally entering the beach across the dunes. The gate attendants requested these surfers to show their beach badge, however, their requests went ignored. On this date, the officers who were assigned to the beachfront conducted a check for daily and seasonal badges.
The body worn camera recording shows that during this check, the subject later identified as Liam Mahoney, was approached by officers and when asked for his badge, he replied “I do not need one”. Officer Braswell then advised the specific state and local laws that require Mr. Mahoney to have a badge, and he is not exempt. Officer Braswell then asked Mr. Mahoney for his identification in order to issue him a summons. Mr. Mahoney again refused to give his information and began to walk away.
At this point, Mr. Mahoney was told that he was not free to leave, and he continued to walk away. Officer Braswell then advised him that he would be placed under arrest if he did not cooperate. Mr. Mahoney continued to leave while Officer Braswell followed him. Once Officer Braswell was able to catch up with Mr. Mahoney, he was asked multiple times to drop his surfboard, which he refused. Officer Braswell then removed the surfboard from Mr. Mahoney so that he can be placed under arrest.
Mr. Mahoney was told approximately nine to ten times to place his hands behind his back, but he continued to resist preventing, Officer Braswell from handcuffing him. Officer Braswell continued to speak with Mr. Mahoney to try to de-escalate the situation and avoid additional physical contact. Mr. Mahoney continued to not cooperate with Officer Braswell who then took him to the ground to gain control of his arms in order to place him under arrest.
To be clear, Mr. Mahoney was not arrested for not having a beach badge. He was arrested because he obstructed the officer’s investigation by refusing to give his identification or pedigree information. Mr. Mahoney was also advised he was not free to leave and continued to walk away during this encounter.
The Borough is aware of some misconceptions of the law that have been circulating prior to the subject incident but seem to have gained additional traction since. Pursuant to
N.J.S.A. 40:61-22.20 all municipalities bordering on the Atlantic Ocean have the right to charge reasonable fees for the purpose of maintaining the beach and bathing areas and for providing facilities and safeguards for people using such areas. This is so notwithstanding the right to access afforded by the Public Trust Doctrine and the requirement to pay a fee applies to all persons not otherwise subject to the exceptions of the Statute. Surfers are not the subject of the exceptions.
A thorough review of the circumstances of the arrest is being conducted in accordance with applicable New Jersey Office of the Attorney General (OAG) guidelines.
Attached; Belmar Police Body Worn Camera footage from Officer Braswell.
Chief Tina Scott
And this comment beneath the post:
"
Jim Sharrock
As a resident of Belmar and a retired Police Officer who served for over 40 years AND a member and Vice Chairman, of the New State Police Training Commission for over 30 years which oversees all Training and now Licensing of every Police Officer in the State. I believe the actions of Officer Braswell were absolutely correct. I stand by Officer Braswell 100% and so should you !"
--------
And the surfers are dicks for accessing the beach by climbing over the dunes. Surfers are supposed to respect the ocean the beach. The dunes are there for a reason, not to be trampled over by disrespectful water rats.
