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Video: Belmar Police Confront Surfer Without Beach Badge
A surfer is shown in a widely shared video on social media being put in a chokehold and thrown into the sand by Belmar Police officers because, the surfer is said to have refused to reveal his beach badge when questioned.
The person who uploaded the video to Facebook claims that this occurred on Tuesday afternoon.
The video, which has strong language and graphic content, can be seen here.
At the beginning of the footage, a man in a wetsuit is flanked by two Belmar Police officers. The officers are repeatedly told by a bikini-clad woman, "His badge is right here," as she holds up something, possibly indicating the beach badge.
According to Belmar Police, the surfer was acting erratically and resisted arrest.
Belmar Police released a Facebook post about the incident on Wednesday night. "The Belmar Police Department has been made aware of a video circulating on social media depicting a person being arrested on the beach in Belmar on Tuesday, August 20," the posting read.
Belmar Police has recently made available the body camera footage worn by police, which demonstrates how the contentious exchange between a surfer and a police officer began on Tuesday afternoon. The surfer's refusal to provide a beach badge when requested by the police was the cause of the altercation.
According to the Chief-of-Police, during the week, officers received multiple complaints regarding surfers illegally entering the beach across the dunes. The gate attendants requested these surfers to show their beach badge, however, their requests went ignored. On this date, the officers who were assigned to the beachfront conducted a check for daily and seasonal badges.
The body worn camera recording shows that during this check, the subject later identified as Liam Mahoney, was approached by officers and when asked for his badge, he replied “I do not need one”. Officer Braswell then advised the specific state and local laws that require Mr. Mahoney to have a badge, and he is not exempt. Officer Braswell then asked Mr. Mahoney for his identification in order to issue him a summons. Mr. Mahoney again refused to give his information and began to walk away.
At this point, Mr. Mahoney was told that he was not free to leave, and he continued to walk away. Officer Braswell then advised him that he would be placed under arrest if he did not cooperate. Mr. Mahoney continued to leave while Officer Braswell followed him. Once Officer Braswell was able to catch up with Mr. Mahoney, he was asked multiple times to drop his surfboard, which he refused. Officer Braswell then removed the surfboard from Mr. Mahoney so that he can be placed under arrest.
Mr. Mahoney was told approximately nine to ten times to place his hands behind his back, but he continued to resist preventing, Officer Braswell from handcuffing him. Officer Braswell continued to speak with Mr. Mahoney to try to de-escalate the situation and avoid additional physical contact. Mr. Mahoney continued to not cooperate with Officer Braswell who then took him to the ground to gain control of his arms in order to place him under arrest.
To be clear, Mr. Mahoney was not arrested for not having a beach badge. 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.
Pursuant to N.J.S.A. 40:61-22.20 all municipalities bordering on 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. Surfers are not the subject of the exceptions.
A thorough review of the circumstances of the arrest is being conducted in accordance with applicable New Jersey Office of the Attorney General (OAG) guidelines.
