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Regardless of whether or not people make noise or litter, the spot should remain open – just as our DEM access areas remain open.
It’s gotten to the point where access is being denied based upon unsupported claims of litter and noise, or simply so a developer can offer real estate as “exclusive.” By the time the word is out that a spot may be lost, we find that it is done deal.
I'm not a lawyer, but my interpretation is that our Constitution provides that our right to the shore remain without caveats. They did not declare that we have a right the shore “only if people are quiet,” or “only if a lot of people do not come.” We have a right to the shore, period.
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