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RI judge sides with beachfront homeowner in court fight. What does it mean for public beach access?

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RI judge sides with beachfront homeowner in court fight. What does it mean for public beach access?


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A Superior Court judge has issued an initial decision siding with a beachfront homeowner who argued that Rhode Island’s 2023 shoreline access law amounted to an unconstitutional taking of private property.

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On Friday, Superior Court Judge Sarah Taft-Carter denied the state’s motion to dismiss the lawsuit filed on behalf of Stilts, LLC, which is owned by David Welch of South Kingstown. A final opinion is expected in the coming weeks, according to the Pacific Legal Foundation, which is representing Welch in court.

More: Rhode Island’s beaches are public. Here’s a quick guide to what you can and can’t do.

What the decision says

In 2023, the Rhode Island General Assembly passed a law establishing that the public has the right to use the shoreline up to 10 feet landward of the recognizable high tide line, also known as the “wrack line.”

Welch sued the state in October, noting that the four parcels of land on Charlestown Beach that belong to Stilts, LLC have varying deeds indicating that he owns out to the “high water mark,” “Atlantic Ocean,” “high water line,” and “mean high water mark.”

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The Rhode Island Attorney General’s office filed a motion to dismiss Stilts, LLC’s lawsuit, which was converted into a motion for summary judgment.

After hearing arguments on both sides, Taft-Carter issued a decision on Friday saying that the 2023 law was “clearly” a taking of private property.

Taft-Carter noted that a controversial Rhode Island Supreme Court case, State v. Ibbison, defined the boundary between public and private at the mean high tide line, which is scientifically calculated and invisible to the eye.

The 2023 law “reset” the division between public and private, and “extended the point of public access over the plaintiff’s private property,” she wrote.

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Breaking down the ruling

Taft-Carter agreed to dismiss one count of Stilts, LLC’s lawsuit, which argued that the shoreline access law translated to an unreasonable seizure of private property and violated the Fourth Amendment of the U.S. Constitution

But she rejected the state’s attempt to dismiss the other two counts, which alleged that the law was an unconstitutional taking that violates the Fifth Amendment, and that it amounted to inverse condemnation.

The decision does not spell out how Stilts, LLC, should be compensated, or what happens next.

“Our clients are gratified that the court agreed with what they have said from the start—the beach access law violates their rights,” Pacific Legal Foundation Senior Attorney J. David Breemer said in a statement. “As the court recognized, the beach access law infringed on our client’s property rights by moving the existing public beach boundary line ten feet landward, effectively confiscating our client’s property, which is an unconstitutional taking.” 

The foundation described the decision as “a major victory for those who own coastal property.”

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The Attorney General’s Office did not immediately respond to a request for comment.

Coastal property owners previously filed a lawsuit challenging the shoreline access law in federal court, but that suit was dismissed in September.



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R.I. leading multi-state lawsuit against Trump administration housing policy – The Boston Globe

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R.I. leading multi-state lawsuit against Trump administration housing policy – The Boston Globe


Rhode Island and other states had recently won a ruling against HUD’s attempt to overhaul a federal homelessness grant program in fiscal year 2025.

US District Court Judge Mary S. McElroy found that HUD acted arbitrarily and capriciously in imposing illegal conditions on billions of dollars in funding for the Continuum of Care program, through which HUD distributes billions of dollars to state, local, and nonprofit agencies to support housing and services for people facing homelessness.

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For more than two decades, HUD had followed a “Housing First” model, which prioritizes rapid placement in permanent housing without requiring people to first meet conditions such as sobriety or a minimum income threshold.

However, on June 1, the Trump administration moved forward with new rules for fiscal year 2026 that seek to re-implement a cap on permanent housing. The new Notices of Funding Opportunity will set aside $1.3 billion for transitional housing and supportive service-only grants — which the coalition of states say will have the effect of capping permanent housing projects at about 68 percent of the funds.

HUD Secretary Scott Turner announced the new terms on June 1, saying the old model didn’t work.

“The ‘housing first’ experiment failed Americans by warehousing the vulnerable without results. This ideology promised to end homelessness. Instead, billions of taxpayer dollars were spent while homelessness increased to record levels,” Turner said in a statement. “Housing alone will not solve a crisis driven by addiction and mental illness. Under President Trump’s leadership, HUD is making necessary reforms to put recovery first.”

HUD said that the new Notice of Funding Opportunity for $4.04 billion through the Continuum of Care homelessness assistance program would support organizations that facilitate treatment and recovery and “prohibit funding the widespread use of illicit drugs and distribution of paraphernalia.”

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The lawsuit alleges that the new conditions will mean a large number of permanent housing projects funded by the Continuum of Care program will lose funding, which will lead to people being evicted, placing further strain on state and local governments.

“Instead of investing in programs that help people stay safe and housed, the Trump Administration has embraced policies that risk trapping people in poverty and punishing them for being poor,” the 44-page lawsuit alleges.

The shift threatens housing for at least 97,000 residents of CoC-funded permanent housing across the country according to the National Alliance to End Homelessness.

The states argue that HUD’s actions violate the Administrative Procedure Act for failing to proceed with notice-and-comment rulemaking, and for being arbitrary and capricious. They ask the court to declare that the challenged conditions are illegal and to block HUD from implementing them.

Along with Neronha, attorneys general from all New England states except for New Hampshire have joined the lawsuit. The coalition also includes attorneys general from Arizona, California, Colorado, Delaware, Illinois, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Virginia, Washington, Wisconsin, and the District of Columbia, as well as the governors of Kentucky and Pennsylvania.

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Amanda Milkovits can be reached at amanda.milkovits@globe.com. Follow her @AmandaMilkovits.





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Throwback: USS Rhode Island commissioned in Newport

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Throwback: USS Rhode Island commissioned in Newport


Thirty-two years ago was the commissioning of a Navy submarine named after the Ocean State.

Maria Stephanos was on board the USS Rhode Island on July 9, 1994.

Rhode Island was the Navy’s 15th Trident class ballistic submarine.

It was commissioned in Newport and was the first to be christened in its namesake state.

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Handshake Initiative instills confidence, motivation in students

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Handshake Initiative instills confidence, motivation in students


They come from all walks of life, including many professionals in the community, taking time out of their busy days to welcome students to school with enthusiasm and handshakes.

“We learn a lot of new handshakes, too,” Kobi Dennis said. “High-fives. Pounds with an explosion. We get a little bit of everything.”

It’s the Handshake Initiative, the brainchild of now Central Falls Police Chief Anthony Roberson.

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Everybody can use some encouragement, and students in Rhode Island get that the minute they head toward the school building.

Initially, the students and parents didn’t know what to think.

“I was confused because I thought it was going to be a normal day,” said one student.

“Their parents were getting out of their cars trying to see what’s going on,” Reservoir Avenue School Principal Cynthia Torres said.

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But now, they crave it.

“It makes me feel motivated,” another student said.

Dennis adds in an etiquette component.

“Teaching the kids how to shake hands, look one another in the eyes with a firm grip — girl or guy — firm grip and say ‘hello’ and introduce yourself, that’s part of the initiative as well,” Dennis said.

Providence school superintendent Dr. Javier Montañez said it sends a strong message.

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“We hear you, we see you, and we’re here for you,” Montañez said.

Torres strategically uses them on standardized test days.

“They say, ‘I’m going to do really good today,’” she said.

“It makes me feel encouraged to do better in school,” a student said.

They’ve connected with thousands of students across Rhode Island.

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“It’s about shaking hands and building relationships, but it’s also about letting young people know that there are professionals in the community cheering for them every single day,” Dennis said.

Do you know of a nonprofit organization or volunteers doing great work in your community? Fill out a short nomination form for “Community Treasures.”



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