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Belmar Police Chief Tina Scott released the 6-minute video of Liam Mahoney's arrest captured on Officer Braswell's body-worn camera on Tuesday, Aug. 20.
Scott said police had received multiple complaints regarding surfers illegally entering the beach across the dunes throughout the week.
The gate attendants requested these surfers to show their beach badge, however, their requests went ignored, the chief said.
When officers conducted a routine beach badge check of Mahoney, he said, “I do not need one," Scott said. Braswell informed Mahoney of the specific state and local laws that require him to have a badge, noting he was not exempt.
Braswell then asked Mahoney for his identification to issue him a summons, but Mahoney again refused to give his information and began to walk away.
Mahoney was then told that he was not free to leave, and he continued to walk away, Scott said.
Braswell then told Mahoney that he would be placed under arrest if he did not cooperate. Mahoney continued to leave while Braswell followed. Once Braswell was able to catch up with Mahoney, he was asked multiple times to drop his surfboard, which he refused.
Braswell removed the surfboard from Mahoney to arrest him.
Mahoney was told approximately nine to 10 times to place his hands behind his back, but he continued to resist preventing, Braswell from handcuffing him. Braswell continued to speak with Mahoney to try to de-escalate the situation and avoid additional physical contact, Scott said, but Mahoney continued to not cooperate with Braswell, who then took him to the ground to arrest him.
"To be clear, Mr. Mahoney was not arrested for not having a beach badge," Scott said. "He was arrested because he obstructed the officer’s investigation by refusing to give his identification or pedigree information. Mr. Mahoney was also advised he was not free to leave and continued to walk away during this encounter.
"The Borough is aware of some misconceptions of the law that have been circulating prior to the subject incident but seem to have gained additional traction since."
Scott explained that pursuant to N.J.S.A. 40:61-22.20, all municipalities bordering the Atlantic Ocean have the right to charge reasonable fees for the purpose of maintaining the beach and bathing areas and for providing facilities and safeguards for people using such areas.
"This is so notwithstanding the right to access afforded by the Public Trust Doctrine and the requirement to pay a fee applies to all persons not otherwise subject to the exceptions of the Statute," Scott said. "Surfers are not the subject of the exceptions."
The incident remains under investigation in accordance with New Jersey Office of the Attorney General (OAG) guidelines.
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