Hello. I got an inquiry about limiting beach access to residents only given the capacity issues with COVID-19. I would like your thoughts on my reply to the inquiry. Here is the relevant part: One of the two co-authors of our 1989 book The Taking Issue just wrote this: https://legal-planet.org/2020/05/01/coastal-beaches-public-access-the-pandemic/ Governor Murphy has his opinion: https://whyy .org/articles/n-j-beach-towns-cant-restrict-access-to-residents-only-murphy -says/ I don't see how regulating for social distancing and minimizing contagion overrides the First Amendment, where we have precedent that beaches are a traditional public forum. You can control density and use limits, however, without excluding nonresidents. As a practical solution, I would have a planner determine the maximum number of people for any specific beach area. Make sure the beach area is properly marked. Have an on-line lottery daily to be closed at midnight the day before and by 8 AM select the winners. No resale of passes. One application per person, family or group. Some limitation on the size of the group. This "by person" system avoids the problem of people parking away from the beach and walking on. The impact on free speech is no more that DEEP closing the parking lots and state parks when they reach capacity. People, residents or not (and maybe non-residents can be charged more as maybe they could pre-pandemic), can apply for up to X number of beach passes for the day. Winners can download their day passes. Police can randomly check (as they do for the Minneapolis light rail) to make sure everyone has a day pass. Anyone without a day pass in Minneapolis pays $180 fine. For our beaches, maybe $100 fine, warnings posted everywhere! Just a made-up idea! There are lotteries for oversand vehicles and camping. -D PS re honor systems FYI https://www.oceancitytoday .com/news/access-denied-ocean-city-mayor-and-city-council-close-off/article_694e242a-6c65-11ea-9986-3bcc4672a233.html different parking rate: https://www.norwalkct.org/Facilities/Facility/Details/3 camping: https://www.seacoastonline.com/news/20190703/hampton-beach-part-of-nhs-campsite-lottery dwightmerriam@gmail.com www.dwightmerriam.com https://www.facebook.com/dwightmerriamesq/ https://dwightmerriam.wordpress.com/ https://www.linkedin.com/in/dwightmerriam/ https://twitter.com/DwightMerriam 80 Latimer Lane Weatogue, CT 06089 860-651-7077 landline 860-463-7233 cellphone *This transmittal is intended for a particular addressee(s). It may constitute a confidential attorney-client communication. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, copying or distribution or dissemination is strictly prohibited. If you suspect that you have received this transmittal in error, please notify Attorney Dwight Merriam at 860-463-7233, or by email reply to the sender, and delete the transmittal and any attachments. Documents attached to this message are not encrypted.* > > > > > >