Dan's Papers - November 23, 2007

When it comes to the waters surrounding Montauk Point, surfers and surfcasters have debated for many years unceasingly over who is ultimately entitled to access. This turf war made some headway in 2004 when the state granted surfers the right to surf at Camp Hero, the former World War II military base that boasts a coastline of popular surf breaks, after a trial period proved it was safe for both surfers and surfcasters to co-exist. The surfcasters were unhappy, of course, but many local surfers and surfcasters alike will tell you that they haven't heard of a reported incident since. Although the territorial conflict remains, and probably always will to some extent, recently the contention has shifted a bit. The battle now appears to be between the surfers and the New York State Parks Police, and it seems that the surfers just can't catch a break, even when the law is on their side.

It all started this past summer when a Brooklyn woman named Nancy Opitz was issued a ticket for surfing the north bar area of Montauk Point. Confused as to what law she broke, Ms. Opitz investigated the statute cited on the ticket, because as far as she knew surfing was legal in that area. There were no signs stating otherwise, and north bar is a well-known surf spot in Montauk that only breaks about ten times a year. But it has been made clear by surfcasters that they feel entitled to it 365 days a year. They've had the waters in Montauk to themselves for many years, and don't want to share. Fellow surfers rallied behind Ms. Opitz and the ticket was eventually thrown out of court by East Hampton Town Justice Lisa R. Rana, who agreed that the officer cited an incorrect statute of the law on the ticket. The statute cited by the officer prohibits artificial swimming aids including tubes, floats, swim fins, aqua-lungs and skin diving equipment of any kind, or any other inflated or buoyant objects or mechanical aids for swimming or diving. Justice Rana ruled that this law did not apply to surfing, and the charge against Ms. Opitz was dropped.

The surfing community felt a sense of victory after the ruling, but was shocked to learn that just days later, the New York State Parks Police issued twelve more tickets to surfers, citing the same exact ordinance that was previously ruled incorrect by the court. It seemed obvious that the New York State Parks Police were trying to make a point, but the basis of their agenda was unclear. Joseph Gianni, a local surfer and attorney who is representing the ticketed surfers, believes that the State Parks listen to the surfcasters because "the squeaky wheel gets the attention." He also explained that the statutes on the tickets have since been amended to cite a section that bans swimming, bathing and wading in certain areas. "We've always maintained that just because the State Parks say surfing is banned doesn't make it illegal. Our position is that surfing is legal in Montauk," he added. "I think there's a very good chance the tickets will be dismissed, but this isn't the end of it. There will be more tickets and the Parks people will find different statutes to cite."

One local group isn't taking this injustice sitting down. On Friday, November 30 at 8 p.m., the Surfrider Foundation Eastern Long Island Chapter will hold "Free the Montauk 8" at the Stephen Talkhouse in Amagansett, which will feature performances by Red Rock Return, Nancy Atlas and The Bastards of Boom. Admission is $15 and proceeds will be earmarked for the legal fees and possible fines of the surfers who were ticketed for surfing at the north bar at Montauk Point. The motion to have the tickets dismissed is November 28, but may be pushed back.

Surfrider Foundation Eastern Long Island Chapter Co-Chairman Mara Hogan Dias said, "The group is holding the benefit to both draw attention to the unjustness of State Park's management of Montauk Point by favoring one user group over another and banning surfing." She continued, "We believe surfcasters and surfers share a similar love for the seas, and through mutual respect and common sense, are able to co-exist successfully," also noting that the surfcasting lobby working to ban surfing access at Montauk Point consists of only a few, mostly out of town surfcasters, and does not represent the majority of fisherman on the East End.

The Surfrider Foundation is a non-profit environmental organization dedicated to the protection and enjoyment of the world's oceans, waves and beaches for all people through conservation, activism, research and education, while promoting the right of access and the freedom of the seas for all to use. The foundation is confident that through their perseverance, surfing will eventually be legal and encouraged at Montauk Point. Along with the support and advisement of the Surfrider Foundation's national litigator Angela Howe, Surfing Advisory Committee and local activists, Mr. Gianni is hopeful that in the end everyone including surfers, surfcasters and sunbathers can get along. "In this day and age, it's absurd that there's a ban on surfing in Montauk, or anywhere for that matter," he said. "We're not going away. Whenever a surfer gets a ticket at the north bar, we'll be there."

For more information about Free the Montauk 8, visit www.surfriderli.org or call (631)-848-9927.