Judge asked to decide if Ocean Grove can close beach access Sunday mornings

NEPTUNE - Access to the beach from the boardwalk in Ocean Grove is closed on Sunday mornings in the summer. According to the state, that's not supposed to happen. So now, the Ocean Grove Camp Meeting Association, the private group that owns the land in Ocean Grove, wants a judge to decide.

In August, the state Department of Environmental Protection issued a warning to the association stating it cannot limit access to its beaches on Sunday mornings, which the group said the closure does as a "quality-of-life-benefit" to the community. A chain blocks access to the stairs leading to the beach from the boardwalk on Sunday mornings from Memorial Day weekend through Labor Day weekend.

The state Department of Environmental Protection’s Bureau of Coastal and Land Use Compliance and Enforcement sent a warning letter to the association informing it that the Sunday morning closures of the beach violate state regulations regarding beach access to sand and surf.

But the association continued to do so, prompting a group of residents opposed to the closure to show up anyway, beach chairs in hand. Subsequently, a counter-protest in support of the association began.

That has led to this request for a judge to step in. You can read the full complaint at the end of this story.

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The local nonprofit activist group Neptune United stated they were not protesting, but merely showing up to enjoy the beach with their friends and family as they are allowed to do under the law.

Michael Badger, president of the association, told the Asbury Park Press after reviewing the state laws, "we recognize as a private landowner of a publicly accessible beach we are allowed to have reasonable restrictions, and the three hours is de minimis" compared with closures in municipal, state, federal and other private beaches.

Ocean Grove is not alone in such disputes about beach access. In Point Pleasant Beach, Jenkinson's Pavilion recently reopened three gates for access to its beachfront.

The reopening came nearly three weeks after the DEP issued a notice to Jenkinson’s owner Frank Storino, telling him to “voluntarily take corrective actions and to engage in discussions with the DEP” to reopen access.

Badger added the association's decision is "non-exclusionary," because "when it's closed, it is closed to everybody. When it is open, it is open to everybody." The beach itself is not closed; just access from the Ocean Grove boardwalk. You can still walk on it if you're coming from Bradley Beach to the south or Asbury Park to the north.

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The association founded and owns the unincorporated community, located within Neptune Township. Ocean Grove was created in 1869 by Methodist clergymen and is noted for its Victorian-style homes and the Great Auditorium, which frequently attracts religious gatherings. It is commonly known by the nickname "God's Square Mile."

All the land in Ocean Grove is owned by the association except for the streets. Many (but not all) homeowners actually lease the land on which their homes sit. In the past, the association had police powers like any other municipality, even forbidding vehicular traffic on Sundays, but a 1979 state Supreme Court decision changed that.

"For 154 years the Ocean Grove Camp Meeting Association (CMA) has closed its beach entrances on Sunday. In the 1980s the closures were shortened to 9 a.m. to noon during the summer, which is 0.5% of the year," Badger said. "A group of protesters defiantly trespassed from Memorial Day to Labor Day in 2023 to challenge the practice. Protesters wore T-shirts emblazoned with Occupy Beaches or Sunday Morning Swim Club. They handed out anti-CMA letters, disregarded CMA step guards, and debated with Neptune police.

Badger said the protestors wrote to the DEP, which then issued a Notice of Violation regarding the beach access. He said the association disagreed with the DEP's stance would meet with them within three weeks.

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The association needs closure on the issue, Badger said.

"The CMA seeks to keep its property rights, protect its staff, maintain its mission, preserve its uniquely quiet beach, and obtain law enforcement support," Badger said. "The CMA and protesters are at an impasse because of differing interpretations about the law. Having exhausted attempts to discuss the matter, the CMA is pursuing the most civilized manner of settling this dispute, which is to ask the court to decide."

So on Oct. 2, the association filed a complaint in state Superior Court in Monmouth County for declaratory judgment and permanent injunctive relief, Badger said. The complaint names Shane Martins, founder of Neptune United, and Pamela Remler, along with unnamed Joe Does, asking the judge to bar them from entering the beachfront during the times the association closes access.

Martins said he could not comment because of the ongoing litigation.

"If the court decides in favor of the CMA, then law enforcement can use the court decision to carry out the Sunday closures next summer. The court would clarify the property rights and access concerns being discussed between the NJDEP and CMA," Badger said.

OGCMA complaint by Dennis Carmody on Scribd

Charles Daye is the metro reporter for Asbury Park and Neptune, with a focus on diversity, equity and inclusion. @CharlesDayeAPP Contact him: CDaye@gannettnj.com

This article originally appeared on Asbury Park Press: Ocean Grove closes beach access Sunday mornings; judge asked to rule