POINT PLEASANT BEACH — A federal judge has dismissed a lawsuit filed by the owners of Jenkinson’s Boardwalk which challenged new beach regulations adopted by the borough last summer to curb rowdy behavior.
The ordinance set new size restrictions on coolers, an age restriction for cooler checkers to 18 and older, a ban on loud music for the entire beachfront, as well as prohibits the consumption of alcohol on the beach.
The Storino family, who owns Jenkinson’s, filed the suit last September claiming the new regulations violated the private property rights of the party and were unconstitutional. The party claimed a minimum age for employees violated the group’s Fourth Amendment rights. They also objected to police patrols by the borough, as stated in the ordinance, on their private beach.
Jenkinson’s also sought damages against Mayor Paul Kanitra, borough council members Caryn Byrnes, Arlene Testa and Doug Vitale, who all voted to approve the rules, along with borough attorney Kevin Riordan and the Point Pleasant Beach Police Department. This, too, was denied by the court.
“I am extraordinarily pleased that Judge Wolfson, who is the chief judge of the United States District Court, rejected Jenkinson’s claims for money damages against the individual council members simply because they did their job,” said Mr. Riordan. “It was wrong of Jenkinson’s to sue the members of the governing body individually.”
U.S. Chief District Judge Freda L. Wolfson said council members are legislatively immune since all they did was vote to pass a borough ordinance.
Judge Wolfson’s ruling also stated that police departments cannot be sued separately from a borough. It also said that since Point Beach Police had not conducted any search on Jenkinson’s property, their allegation was dismissed.
“The police department is not a proper party, they should have never been sued,” said Mr. Riordan.
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