WELLS, Maine — In communities along Maine's coast, there is debate over where the public can access the beach versus what are considered private areas. Moody Beach is one spot where property owners and beachgoers seem to disagree.
"This has become a hostile environment where people are confronted and yelled at. The cops are called and people are told they have to move," Jeannie Connerney, a local homeowner and member of Free Moody Beach, said.
The majority of Moody Beach is private due to a 1989 Maine Supreme Court decision that privatized many areas along the mile-long beach. The ruling determined the beach is only for public use for fishing, fowling, or navigating.
Connerney's family has owned a home near Moody Beach for decades, and she said the law is not fair to those who bought properties in backlots or across the street.
"People bought nearby the beach to use the beach, and to be told you can't use the beach except for a tiny sliver is completely unfair," she said.
Currently, Moody Beach has three public areas where beachgoers can set up and enjoy the view. The three public access ways are about 50 feet wide. Connerney said on the weekends, people are "packed like sardines" trying to enjoy the view, while there are wide-open spots outside the designated area.
Homeowners along Moody Beach declined to comment on camera about the ongoing conflict. However, some said they pay for their property and have the right to want a clean beach area. Some also noted having a public beach would garner a lot of trash, which was one of the arguments in the 1989 decision to privatize portions of the beach.
The battle over beach access is a problem along Maine's entire coastline, according to Ben Ford, an attorney with Archipelago Law.
Ford is the lead attorney on a lawsuit heading to the Maine Supreme Court regarding the ownership of intertidal space along Maine's coast.
He's representing 24 parties, like two backlot owners at Moody Beach, seaweed harvesters, and fishermen, who don't have access to intertidal zones along Maine's beaches.
"Our case really is focusing on, not just overturning the Moody Beach decision, but saying these inner tidal cases affect everything. Not just a day at the beach but also the entire economy of the state," Ford said.
He said the inner tidal land is not taxed for homeowners in Wells. Beachfront property owners pay taxes from the seawall up to the road, he said.
"The property owners that are yelling at kids for playing soccer on a beach that they claim to own are not paying a dime in taxes on that land. Not one single cent," Ford said.
Ford is filing his written arguments on Friday and expects arguments will begin this fall.
"A lot of people in this case have said, 'Well we never call the police or we never harass people on our beach.' But that’s not the point. The point is that the law is unclear, and until the law is made clear, nobody really knows what can be done on the beach, and so you have huge amount of conflicts like here in the town of Wells," he said.
Last month, the town of Wells publicly supported the public use rights for Moody Beach.
On Monday, the select board held another meeting discussing the conflict with locals. The board heard comments from beachfront property owners and locals wanting more public use. The town may form a community group of beachfront owners and backlot owners to discuss ways to resolve some conflict.