POINT PLEASANT BEACH — The owners of Jenkinson’s Boardwalk, the Storino family, have filed a legal challenge to new rules adopted by the borough, governing behavior at the beach, their attorney said Aug. 28.
An ordinance approved by the borough council on Aug. 4 set new size restrictions on the size of coolers, as well as an age restriction for cooler checkers. The changes followed complaints by borough officials about alcohol consumption and rowdy behavior by visitors to the beach.
According to Jenkinson’s attorney Ron Gasiorowski, the complaint, filed in Ocean County Court on Friday, contends that the borough’s action violates the private property rights of Jenkinson’s and is unconstitutional. It seeks a preliminary injunction against enforcement of the new ordinance.
On Monday, Point Pleasant Beach filed a Notice of Removal to the Federal District Court of New Jersey as well as a Notice of Dismissal of the claims against the borough.
The borough claims the challenge by Jenkinson’s fails to allege a civil rights violation under State or Federal law. The borough also says the changes are not pre-empted, is not ultra vires, and is not arbitrary, capricious and unreasonable, like Jenkinson’s says.
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