CAPE MAY - While many towns are building skateboard parks, the Cape May City Council plans to ban the mere possession of the boards in public areas under city control.

The council recently introduced an ordinance that makes it illegal to "possess, park or stand, carry or transport," any skateboard at public places within the city. This includes the Promenade, which is Cape May's asphalt version of a boardwalk, along with the Washington * Street Mall, public parks, parking lots and any other public places within the city council's jurisdiction over.

Interestingly, the ordinance does not address public streets because the city was already forced to lift a skateboard ban in these areas in 1998 *. The city had banned skateboarding in all public areas, including streets, in the 1980s, but the state statute allowed them to return to the streets as long as traffic regulations are followed and those under 14 wear helmets.

The state statue also allowed inline skaters back on city streets, but they also must follow traffic laws, including such things as stop signs and moving with the flow of traffic. The state statute took effect Aug. 1, 1998, and was not welcomed by city officials at that time. The city has had several well-publicized battles with skateboarders over the years.

Other towns in the area reacted by building skateboard parks to give the teenagers a safe place to go, but reportedly success has been limited at the parks because of all the equipment the children must wear due to safety and, predictably, because of liability concerns. Apparently some of the parks sit empty while skateboarders practice their sport in the very places they are not wanted. (Let us guess... the parks suck? -editor) Middle Township banned skateboarding in public places in 2001 * because it became a nuisance in front of the Cape May Library building in Cape May Court House.

It is reported that the new ordinance was requested by the Cape May Police Department, partly to close a loophole of sorts. Skateboarders would skate in illegal areas until they saw a police car. Then they would pick up the skateboard and be perfectly legal. Making possession illegal closes this loophole.

"They would just set it down. This makes it a little clearer and cuts back on some of the problems they cause," Police Lt. Robert Sheehan Jr. is quoted as having said.

But it does give pause to think: is the act of merely carrying a skateboard where skateboarding is not welcome really a crime?

Sheehan said the city addressed a similar problem with bicycles on The Promenade. There is no bike riding on The Promenade after 10 a.m., but some interpreted that to mean they could still walk with their bike on The Promenade as long as they were not riding it. Having a bike on The Promenade, of course, could give some an opportunity to ride it if nobody was looking. Sheehan said the city had to ban bikes even being on the asphalt walkway after 10 a.m.

"If they are not up there, then there is no debate on whether they will be using them," Lt. Sheehan reportedly said.

Violations of the skateboard ordinance could result in fines or confiscation of the skateboard. The ordinance also allows council to designate "approved skateboard areas," but wonder of wonders, the town that hates skateboarders doesn't appear to intend to actually approve the act of skateboarding, anywhere: City Administrator Luciano Corea said there is no plan to do this. Additionally, the city has reportedly never discussed building a skateboard park.

The council voted 5-0 to introduce the ordinance but did not take comment from residents. A public hearing on the ordinance is set for 7:00 p.m. at City Hall, 643 Washington St., on Tuesday, Dec. 16. The council will vote on the measure after the public hearing.

EDITOR'S NOTE, November 21, 2003 *: Since we began running this story on November 19th, the topic has been picked up by the Associated Press and appeared on New York * Newsday, NBC10.com, the Newark Star Ledger, and other news organizations.

Perhaps realizing that's its a little unreasonable to actually outlaw and enforce the criminalization of skateboard possession, the Cape May leaders seem to have lessened their verbal assault on skateboarders and skateboarding and now claim, contradicting original statements, that "It's not intended that anyone we see carrying a skateboard will be stopped or have it confiscated, it's for when we see someone skateboarding in a prohibited place." (This according to Cape May City Administrator Luciano V. Corea Jr.)

The laws in Cape May already outlaw skateboard riding in places under city jurisdiction. There's no need to pass laws that aren't intended to be enforced, and in fact to do so seems like a waste of taxpayer's funds and the city council's time, not to mention an abuse of the city adminstration's power.

We at SkateboardDirectory.com believe that it's time that overly restrictive legislation be seen as just that.

[See related articles Local Reaction to Outlawing Skateboard Possession and Skateboard Ban "Will Not Be Passed" in Cape May, New Jersey * ]

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