New Jersey surfer Liam Mahoney was thrown to the ground and arrested after failing to show a beach badge. Photo: Belmar Police Department//Facebook
The police department of Belmar, New Jersey has released body-cam footage of an arrest in which a surfer was placed in a chokehold and thrown to the ground. The incident occurred Tuesday, when Liam Mahoney was stopped for not displaying a beach badge, a $12 pass required by the New Jersey beach to access the sand. In an accompanying press release, the Belmar police chief defended the actions of the arresting officers.
“I would like to provide the community with some additional context regarding the arrest made on the Belmar Beach on Tuesday, August 20,” wrote Belmar police chief Tina Scott in a press release posted to Facebook. “I have viewed the officer’s body worn camera footage that shows the interaction between Officer Braswell and Mr. Mahoney and the events that led to his arrest. 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 video begins after Mahoney had already been stopped by police and the audio is turned on 15 seconds in. Mahoney shrugs his shoulders and attempts to walk away, after which the officer tells him he is not free to leave. Mahoney asks if he is being detained, which the officer confirms and tells him he will be arrested if he continues. Mahoney replies that he is not doing anything wrong, as he is accessing the water to surf. In response, the officer tells him to provide his name and information for a citation, which Mahoney refuses. When Mahoney continues to walk away towards the beach exit, multiple officers give chase and confront him once again. During this second confrontation, the officer wearing the body cam tells Mahoney to drop his surfboard, then smacks the board out of Mahoney’s hands.
It is at this point that the part of the arrest seen in the original video begins. The officers tell Mahoney to place his hands behind his back to be arrested and forcibly grab him when he does not do so. Meanwhile, a woman, who an onlooker told NBC 4 was Mahoney’s sister, arrives and confronts the police, saying Mahoney does, in fact, have a badge. Still, the officers throw Mahoney to the ground, cuff him and arrest him.
“Mr. Mahoney was told approximately nine to 10 times to place his hands behind his back, but he continued to resist, preventing Officer Braswell from handcuffing him,” continued Scott in the press release. “Officer Braswell continued to speak with Mr. Mahoney to try to deescalate 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.”
However, Scott also defended the reason for the initial stop. While it is commonly believed that surfers are allowed to cross through the beach to access the water, due to the concept of Public Trust Doctrine, which protect’s the public’s rights to access tidal waters and their shorelines, Scott called this a misconception. She claimed that surfers are still subject to N.J.S.A. 40:61-22.20, the statute that allows New Jersey beaches to charge fees for beach access. “The requirement to pay a fee applies to all persons not otherwise subject to the exceptions of the Statute,” she wrote. “Surfers are not the subject of the exceptions.”
The release concluded by saying that “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.”
