![]() ![]() “Dirty diapers, dog feces, needles, you name it, that was all left on the beach. ![]() He maintained that it is a privilege and not a right to set up a blanket and sit on the beach as a beach association nonmember. of the Halloran Sage law firm, representing the Miami Beach Association members, argued that they own their beach and that the 1953 decision only allows the public the right to use the beach to get from “Point A to Point B,” meaning from the top of Miami Beach, which they said is known as Long Island Avenue, to the mean hightide mark. She considers the fence to be “an injustice and immoral,” as well as “unwelcoming.”Īttorney Kenneth R. “I don’t come to the beach to have experiences like that,” Tracy said. Though all beaches are open to the public below the mean high-tide mark, Tracy also testified that a Miami Beach Association security guard “accosted” her while she was straddling Sound View and Miami Beach at the “watermark” and told her to leave. It’s so unbeach like,” said Kathleen Tracy, the plaintiff suing the Miami Beach Association.ĭuring her testimony the retired middle school principal, who has a seasonal home on Hartford Avenue, noted that fences had been erected by Miami Beach four times since 1953 and that “every generation has to be taught” that no fence is allowed. “This big, black, chain-link fence is so unfriendly. McCoy argued on their behalf that the association’s Clean Beach Pass Program goes against developer Henry Hilliard’s intention when he deeded the beach to "the unorganized general public" in the 1880s and against a 1953 court injunction prohibiting fences and making the entire length of Sound View and Miami beaches open to the public. ![]() Superior Court Judge Kimberly Knox soon will decide whether the beach association’s Clean Beach Pass Program is legal.Īt trial Wednesday in New London Superior Court, Knox heard testimony from neighboring Sound View Beach residents who contend that a black, chain link fence and a guard shack erected at the end of the 2016 summer season between the public Sound View Beach and Miami Beach, as well as a fee program implemented in 2017, are not legal.Īttorney William E. Members of the Miami Beach Association in Old Lyme have gone through effort and expense to ensure that the “unorganized general public” stops disrespecting and littering on “their” 800-foot-long beach. Beach-goers at Sound View Beach in Old Lyme on June 29, 2017, are greeted with a fence and admission booth separating Sound View and Miami beaches. ![]()
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