Rhode Island
GoLocalProv | News | Homeowner Group’s Effort to Block Shoreline Access Law Is Denied by Federal Court
Thursday, September 21, 2023
PHOTO: CRMC
U.S. District Court Judge William Smith ruled that the Rhode Island Association of Coastal Taxpayers (RIACT) “lacked the proper standing to sue” over the recently passed law that protects access to Rhode Island’s coast.
The decision is a victory for advocacy groups who have been fighting for years to protect the public’s access to the coast.
RIACT, a group of anonymous beachfront property owners, filed the federal lawsuit this past summer. The group claimed in announcing the suit in July, “Many of RIACT members own title, in fee simple, to beachfront property in Rhode Island. Under their titles and the common law of the state, the shorelands lying seaward of the mean high water (MHW) line are public, but the lands located inland of the MHW line are held in private ownership.”
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“The state recently enacted a law, H. 5174 (“Act”), which abrogates the traditional MHW line boundary separating public and private beach areas and sets a new boundary at a more inland location, thereby expanding the public beach area inland at the expense of private property,” it stated.
Federal Court Judge William Smith PHOTO: DOJ
Smith’s Decision
Smith states in his decision, “RIACT fears prosecution or citation if its members attempt to eject or dissuade people from encroaching on their property. Pre-enforcement injunctions against prosecutorial agencies are a rare bird; to succeed RIACT must show its members ‘intend to violate or are violating an existing law,” and “the threat of prosecution is sufficiently real to provide standing.’”
“Defendants [Rhode Island DEM, CRMC and Attorney General] say no such threat exists, and no evidence suggests RIACT’s members plan to take any unlawful actions that would result in citation or prosecution,” wrote Smith. “Thus, RIACT has failed to trace the injury claimed (the taking) to the Defendants sued Dressing up the claim as a ‘fear of prosecution’ is like putting lipstick on a pig. Standing cannot rest solely on speculation and the Court cannot grant RIACT’s members a license to exclude would-be trespassers.”
Further, Smith questions if the homeowner group’s lawsuit is properly before federal court. “Because RIACT cannot tie the named Defendants to the constitutional harm allegedly inflicted by the Act or its cure, the case is not properly in federal court,” wrote Smith.
Rhode Island State House PHOTO: GoLocal
Purpose of the Law
The Rhode Island General Assembly said after the passage of the bill in June, “The law is intended to finally provide a clear, easily identifiable border between private property and the area of the shore that the public is constitutionally entitled to use and enjoy.”
“The right of Rhode Islanders to access the shoreline was written into the state constitution when it was adopted in 1843, and further delineated after the 1986 constitutional convention. Yet exactly where public area ends remained a debated issue that has intensified with development of the shoreline over the last century,” said the General Assembly press release.
“A 1982 state Supreme Court case, State vs. Ibbison, established the boundary of the public’s shore access at the mean high tide line, defined as the average of high tides over an 18.6-year cycle, which continually changes with the shifting sands of the coast and rising sea levels. The Supreme Court’s decision has led to much conflict because it is impossible for anyone walking along the shore to know where that shifting line is,” said the release.
“Public shoreline rights have long been cherished by Rhode Islanders, which is why they were guaranteed in our state constitution in the first place. But it’s impossible to protect that right when no one can tell where the public shoreline ends. The lack of a clear definition has caused problems in our state for decades. Our commission put a great deal of care into exploring this issue, working with experts, advocates and property owners to develop a reasonable definition of the public shoreline’s edge that will protect Rhode Islander’s constitutional right without taking private property,” said Representative Terri Cortvriend (D-Dist. 72, Portsmouth, Middletown).
“I believe this legislation is a very fair way to finally settle this question, which really should be clear in a place known as the Ocean State, where beaches and shores are so critical to our identity and economy,” added Cortvriend.
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North Kingstown, R.I. – A Rhode Island man is facing a disturbing charge.
According to police, on Friday at approximately 4:00 p.m., the North Kingstown Police Department responded to a 911 call reporting an incident of indecent exposure. The caller, a 17-year-old, reported that a male subject drove up her on Prospect Avenue, asking for directions to the North Kingstown High School while completely naked. The suspect was driving a silver Subaru, registered in New Hampshire. The vehicle was last seen traveling towards Fairway Drive.
Officers immediately responded to the area from different directions to contain the vehicle and investigate the report. The vehicle was located and stopped on Lantern Lane. The driver/sole occupant was identified as David C. Palmer of East Providence. After further investigation, Palmer was taken into custody and charged with Disorderly Conduct – Indecent Exposure.
Palmer was later arraigned at the station before a Justice of the Peace and released on a $1,000 personal recognizance bail. He is scheduled for formal arraignment at the 3rd Division District Court on December 6th.
Rhode Island
Rhode Island FC falls 3-0 to Colorado Springs Switchbacks FC in USL Championship final – What's Up Newp
Rhode Island FC’s historic inaugural season came to an end in the USL Championship Final on Saturday when it fell 3-0 to Colorado Springs Switchbacks FC at Weidner Field. Becoming the first Eastern Conference team in league history to advance to the final match in its first season, the Ocean State club will return to Rhode Island proud after making the farthest run by an expansion side in eight years.
Colorado Springs Switchbacks FC had a golden chance to take the lead less than a minute into the match when Yosuke Hanya was on the receiving end of a central pass as he cut behind the Rhode Island FC defense. Sprinting into a one-on-one opportunity with Koke Vegas, the midfielder dragged his shot just wide of the right post.
Holding just 30 percent of possession throughout the first 15 minutes, RIFC got its first real chance of the match when it won a dangerous free kick at the corner of the 18-yard-box in the 14th minute. JJ Williams stepped up to take the free kick, and curled it narrowly over the bar as the match stayed scoreless.
Colorado Springs eventually broke the deadlock in the 22nd minute when Hanya broke free on the right wing, sending a cross into the six-yard box for Juan Tejada. Making a run into the open space, Tejada side-footed the ball into the back of the net from close range to give the hosts a 1-0 lead.
In the 42nd minute, Colorado Springs doubled its lead with a powerful strike from the top of the box. It happened when Jairo Henriquez tore down the left flank, cut inside and took a shot that was blocked by RIFC. Unfortunately for the Ocean State club, the rebound fell kindly to Haneriquez, who made no mistake on his second effort and picked out the top-left corner to make it 2-0.
The Switchbacks nearly took complete control with a third goal in first-half stoppage time when Quenzi Huerman unleashed yet another shot from distance, but Vegas punched the effort over the bar and took care of the resulting corner to keep the match 2-0 at the break.
Nine minutes into the second half, RIFC nearly cut the deficit in half when Clay Holstad connected on a corner kick from the top of the box. Instead, Colorado Springs blocked the shot and quickly broke out on the counter-attack, where Roaldo Damus finished with a low, one-on-one effort to make it 3-0.
RIFC came within inches of getting one back in the 64th minute when Frank Nodarse headed a corner towards the bottom-right corner, but Colorado Springs goalkeeper Christian Herrera produced a sharp diving save to deny the Ocean State club. Minutes later, Jack Panayotou forced another save out of Herrera, and Morris Duggan couldn’t keep the close-range rebound on frame.
The opportunities were as close as RIFC could get to finding the back of the net in the match as the USL Championship Final ended 3-0.
After the match, the visitors walked over to thank the over 400 Rhode Island FC faithful who made the trip out west. The fanbase’s incredible support during the record-breaking inaugural season fueled the team to a memorable finish. The Ocean club will now look forward to its launch of season two from The Stadium at Tidewater Landing in downtown Pawtucket.
GOAL SCORING RUNDOWN
COS – Juan Tejada (Youke Hanya), 22nd minute: Tejada connects with Hanya’s right-wing cross from inside the six-yard box. COS 1, RI 0
COS – Jairo Henriquez, 42nd minute: Henriquez picks out the top-left corner with a powerful strike from the top of the 18-yard box. COS 2, RI 0
COS – Ronaldo Damus (Matt Real), 53rd minute: Damus finishes a one-on-one counter-attack with a low finish into the bottom corner. COS 3, RI 0
ADDITIONAL NOTES
- Saturday’s match was the first-ever USL Championship Final to air nationally on network television (CBS).
- The opening goal for Colorado Springs in the 22nd minute marked the first time RIFC trailed during the 2024 USL Championship Playoffs.
- The 2-0 halftime deficit marked the first time RIFC has trailed by multiple goals at halftime since April 26.
- RIFC will return to the Ocean State after making the furthest playoff run by any Eastern Conference expansion team in league history, and becoming the first expansion club in eight years to advance to the final.
MAN OF THE MATCH: Clay Holstad
Match stats and information available here.
Thank you, Joe Biden
Trump has learned that if he tells lies often enough and loudly enough, they will be believed. He keeps repeating that Joe Biden has been a terrible president.
In fact, President Biden has accomplished much. He tackled the COVID crisis by helping hospitals get supplies, getting COVID vaccines distributed, making free testing kits available, sending checks to all Americans, and helping people return to work and students return to school.
He revitalized the U.S. participation in NATO and supported Ukraine vs. Putin.
He recognized climate change and rejoined the rest of the world in battling its effects.
He appointed the first Black female Supreme Court justice.
He initiated projects to improve the nation’s crumbling infrastructure.
He oversaw the U.S. economy’s rebound from the pandemic.
The list goes on.
But, best of all, he stopped the daily flow of lies that had been streaming from the White House.
Cindy Kaplan, West Warwick
Better compensation for doctors
What is happening to the health-care system in America? The quality of care seems to be diminishing. One of the reasons is the abysmally poor salaries we pay to our medical residents and fellows, doctors who have already spent years in medical school and are now honing their skills in hospitals throughout the country.
The problem is especially acute in Rhode Island where these young doctors are paid an average of less than $70,000 per year at our hospitals (“Resident doctors make union bid,” News, Nov. 21).
How can these doctors’ patients and hospital management expect them to excel while trying to survive on such meager wages for four to seven years of residency and fellowship, especially with the high cost of housing in Rhode Island and with their average quarter-million-dollar student loan debts?
The only thing that keeps at bay the hounds who are constantly calling for the nationalization of our health-care system is that our country provides the best medical care in the world. Nationalization would destroy our system as it has done in the UK and Canada.
Poor pay and overly arduous working conditions foisted upon residents and fellows in the U.S. will lead to fewer quality doctors entering the profession. Nationalization will eventually follow.
I have opposed unions in the past, but when we pay our young doctors less than what we pay electrical and plumbing apprentices, something is terribly wrong.
If we want our citizens to continue receiving the world’s best medical care, we better start properly compensating residents and fellows and allowing them a bit of time off. Otherwise, they will enter other professions and the quality of medical care in America will deteriorate to that provided by nationalized health systems.
Lonnie Barham, Warwick
Saving RI’s forests
Many environmentalists are concerned about the upcoming administration being filled with individuals who do not take climate change seriously. While, unfortunately, these next four years will probably take us backwards in the fight against climate change, we can still protect the environment here in Rhode Island.
Currently, Rhode Island is the only state in New England with no protected forests on state-owned land. Rare and endangered species are threatened due to their habitats being destroyed by DEM and solar developers through forest clear-cutting.
By joining the Save Rhode Island’s Forests Campaign, you can help in the effort to get legislation passed to create laws to finally protect our state forests and endangered species. In Rhode Island, you can save the environment.
Nathan Cornell, Warwick
The writer is president of the Rhode Island Old Growth Tree Society.
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