(Posted 12/3/2003)
(By Josh Rabinowitz for SkateboardDirectory.com)
Cape May, New Jersey *-- The city ordinance forwarded without public comment which would levy a $100 fine and possible skateboard confiscation against anyone who would "possess, park, stand, carry, or transport" a skateboard "will not be passed".
This is according to the mayor of Cape May, Jerome E. Inderwies, who added "I was a kid once, like everybody else", and reportedly also said that the ordinance will no longer be considered, and is not expected to resurface any time soon. But he left himself a little room to change his opinion later: “I’m not in favor of it at this point in time until we get some better information and do some more research,” Inderwies was also quoted as saying.
Said Councilman Jerry Gaffney, "Somebody could buy a skateboard on the mall and walk out of the store and be in violation. I don't think we should proceed with this ordinance." He continued: "It borders on constitutional rights".
According to the Cape May County Herald, press reports indicate that if the ordinance banning skateboard possession had passed, it would have been the first of its kind in the nation.
The December 16th hearing that had been scheduled on the topic was cancelled because of questions about its enforceability and constitutionality, and because of a large uprising of public opinon against the ban.
Apparently many skateboarders and their supporters had sent in letters on the subject to their newspapers and representatives, and were planning to attend the recently-cancelled December 16th public hearing on the issue.
According to Richard Degener of the Cape May County News, "Skateboard teenagers have been swamping the media with letters protesting the ordinance, some coming from other states including Ohio * and North Carolina *".
In spite of Councilmember's concerts, the Mayor's statement that the ordinance would not be passed, and questions about constitutionality, some feel that the ban should still be considered. City Solicitor Tony Munzo reportedly suggested there be a version of the ordinance that would make the ban effective only on parts of the city's Promenade from 7pm to midnight, May through September.
But Councilman Niels Favre feels that instead of working on new legislation, the city should concentrate on existing ordinances that already don't allow anyone to "use, operate or ride" a skateboard in public areas such as The Promenade and the Washington * Street Mall. As Inderwies says, “We have an ordinance on the books that meets all the legalities of the do’s and do not’s."
According the Cape May County Herald, coverage of this story has been distributed by the Associated Press and carried in publications including the New York Times *, New York Newsday, the Newark Star Ledger, and the Philadelphia * Enquirer, as well as being discussed on major television and radio stations in New York City * and Philadelphia.
This article is based on information from Jack Fitcher's article "Cape May Does 360 on 'Board Prohibition", published in the December 3rd issue of the Cape May County Herald, and originally found at http://www.capemaycountyherald.com/index.cfm?
CID=news_list&Section_ID=1
and from Richard Degener's article "Cape May does 180 degrees on skateboard ban", published in the December 3rd edition of the Cape May County News, originally found at
http://www.pressofatlanticcity.com/news/
cape/120303CMSKATED2.html
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