Jenkinson's Locks Gates In Point Pleasant Beach, Bars Access

POINT PLEASANT BEACH, NJ — People wanting to walk on the beach in Point Pleasant Beach this week have found themselves locked out at all of the access points on Jenkinson's boardwalk, much to the dismay of beachgoers and borough officials.

Mayor Paul Kanitra, in a message posted to his Facebook page, said the company closed its beaches " as an apparent result of a drowning in the off-season, and a subsequent lawsuit."

"Please understand that Jenkinson's is a private company that owns the majority of beaches and beach access points in Point Pleasant Beach," Kanitra wrote. "I want to make it very clear that this decision is not the Borough of Point Pleasant Beach’s and that the only beach that the town owns, Maryland Avenue, is open for guests in accordance with our local beach ordinances."

Jenkinson's officials did not respond to a request for comment. Its beaches are the only ones in Ocean County completely closed.

The lawsuit Kanitra referenced was filed in May 2021 by the family of Anthony Timpanaro, who died Sept. 23, 2020, after getting caught in rough surf. Timpanaro's family alleges Jenkinson's failed to provide enough warnings of the dangerous surf conditions and says the company should have shut down all beach access.

The closure comes as beach communities up and down the Jersey Shore have grappled with dozens of water rescues and four deaths of swimmers who have found themselves in distress because of rough surf and rip currents over Labor Day weekend.

Hurricanes passing well off the East Coast have whipped up the surf and created dangerous rip currents, and Jenkinson's closed all but the Arnold Avenue access the day after Labor Day, with its staff telling anyone who approached that the beaches were closed.

First responders and good Samaritans have made repeated rescues over the last 10 days in spite of multiple warnings for people to stay out of the water where there are no lifeguards present.

On Tuesday, a 40-year-old man had to be rescued after getting caught in a rip current at New York Avenue, and Point Pleasant Beach police said it was the second rescue in 10 days in town. Farther south, an 81-year-old Bergen County man who was swimming more than 100 yards offshore was pulled from water semi-conscious in Seaside Park after getting into trouble.

The issue has sparked multiple conversations about how to convince people to take the danger seriously and to stay out of the water where there are no lifeguards, and with Hurricane Lee expected to continue to make conditions dangerous this weekend.

Kanitra said people who have questions about Jenkinson's beach access closure should contact the company.

"In the absence of an acceptable response from Jenkinson's, please note that the New Jersey Department of Environmental Protection has the primary responsibility for ensuring your access to the beach," Kanitra said.

The state Department of Environmental Protection is responsible for enforcing the Public Trust Doctrine, the "public rights to tidal waterways and their shores in the state are held by the state in trust for the benefit of all of the people."

The Public Trust Doctrine dates back to the Roman empire, but in New Jersey it has been the underpinning of efforts to not only protect navigation rights, but also to protect the ability of people to access the beaches.

Beach access has been litigated repeatedly going back to the 1980s and 1990s, when some beach towns raised beach fees significantly to deter people from using their beaches.

"As the Public Trust Doctrine has evolved over the years, courts have ruled that the dry sand areas landward of the MHW (mean high water) line are also subject to certain public rights under the Pubic Trust Doctrine, as needed for enjoyment of the tidal waterways and lands below the MHW line," the NJDEP webpage on public access says.

NJDEP officials acknowledged a request for comment Wednesday but have not commented on the matter.