It’s about the Right
to Fully Enjoy Our Shoreline.
By Regina DeAngelo
A version of this
article appeared as a letter
to the Westerly Sun.
If the House Special
Commission on shoreline rights doesn’t change its wording, Rhode Islanders will
soon say goodbye to their rights to the shoreline. In the news and in current commission
proposals, our rights to the shoreline are being mistakenly represented as “passage along the shoreline,” or “where you're allowed to walk on the beach.”
Rhode Islanders are not
asking permission to walk on the beach. What we are asking — demanding — is
that our constitutional rights to “all the rights of fishery and privileges of
the shore, to which we have been heretofore entitled, under the charter and
usages of the state,” be upheld. Those are the words of the Rhode
Island Constitution (Article 1, Section 17).
Those are our rights. Not
merely “passage,” but enjoying, sitting, sunbathing, playing ball, relaxing —
all “the privileges of the shore.” At issue is where, not how, and not whether.
That’s why the commission was formed — to clarify the boundary between public
and private property at the shoreline.
Currently, the boundary is
defined by an average of high-water heights measured across an 18.6-year cycle,
as set forth in the Ibbison
case of 1982. Agreeing that this attempt at definition clears up
nothing, the commission is hearing testimony from all parties.
But it has been
led off course, it seems, by crafty attorneys hired by beachfront-property
owners. In its current proposals of a
wrack-line boundary, the commission keeps wrongly using the word “passage”
along the shore.
The shoreline-rights
commission must not have only the words “passage” or “walking along the
shoreline” in its language; they must instead use the words that already define
our rights: all the “privileges of the shore, to which we have been heretofore
entitled, under the charter and usages of the state… Liberally construed.”
These rights and privileges, according our Article 1,
Section 17 of the state constitution, “include,
but are not limited to” fishing from the shore, the gathering
of seaweed, leaving the shore to swim in the sea, and passage along the shore. Importantly,
according to the Section preceding that, these rights “shall be liberally
construed.” Up until recently, they were.
Then private-property owners got greedy, deciding that
their property rights somehow extend into the sea, hiring security guards to
patrol their imagined boundaries. Now,
as they infiltrate our lawmaking process, private-interest attorneys are
attempting to wiggle-word our rights out of existence.
And with their
current choice of words, Rhode Island commission comes dangerously close to
letting this happen. Beware: any proposal putting forth the word “passage,”
without explicit reiteration of “all the rights and privileges” of the shore, liberally
construed, would be unconstitutional.