The story of the arrested surfer has more to offer

BELMAR – In an effort to provide the police perspective on the events that led to the arrest of a surfer earlier this week for not wearing a beach badge, Police Chief Tina M. Scott has released footage of the incident from the arresting officer's body camera.

“To be clear, Mr. Mahoney was not arrested for not having a beach tag,” Scott said. “He was arrested for hindering the officer's investigation by refusing to provide his identification or ancestry information. Mr. Mahoney was also advised that he was not allowed to leave, and he continued to walk away during this encounter.”

In the footage, Liam Mahoney, 28, of Junction City, California, is seen questioning Class Two Special Officer Ryan Braswell's authority to deny him access to 19th Avenue Beach to surf the ocean. Both men are standing in front of a manned lifeguard station not far from the shore.

Earlier:Belmar surfer attacked and arrested for beach markings on video

“You can enter the water to surf or fish,” Mahoney tells Braswell. “You don't need a beach pass for that.”

“You need a beach pass to get to this beach,” Braswell replies. “This is not a free beach. … I'm not going to argue with you. Will you give me your name and information? After this transaction is complete, I'll email you the free access law and also Title 40, which requires municipalities to charge fees for the beach. OK?”

Mahoney refuses to give the officer his name and personal information. The officer radios for help and Mahoney makes his way back to the boardwalk.

“You are not allowed to go,” the officer instructs him.

Mahoney ignores the officer and continues walking toward the boardwalk while Braswell and a lower-ranking Class 1 Special Constable follow Mahoney. When Mahoney reaches a blue roll-up mat leading to an exit, Braswell sprints toward Mahoney and tries to use force to prevent the surfer from leaving.

Braswell tells him to drop his surfboard (a command he repeats several times), while Mahoney accuses the officer of “harassing” him.

At this point, a woman in a bathing suit who knows Mahoney appears and demands to know why Braswell is arresting him.

“What did I do wrong?” asks Mahoney. “What did I do wrong?”

“This is ridiculous,” the unidentified woman replies.

Braswell tells Mahoney to put his hands behind his back.

A short time later, both Mahoney and the woman tell the officer that they have a beach badge for Mahoney and attempt to give it to Braswell.

Both Mahoney and the woman repeatedly urge Braswell in the video to call Chief Lifeguard Harry M. Harsin, also a retired Belmar police officer and a fixture on the county's beach patrol for 45 years.

Mahoney insists that Braswell has no right to detain him, and Braswell warns him that he is resisting arrest.

A scuffle ensues, and the footage consists mostly of blurry close-ups of clothing and sand as the two begin to grapple. Braswell can be heard yelling, “Stop fighting!”

“Stop choking him!” the woman screams.

The six-minute, 20-second video ends with Mahoney being subdued by several police officers and led to a waiting police vehicle on Ocean Avenue.

Throughout the week, Belmar police officers received several complaints about surfers illegally entering the beach over the dunes, Scott said in the statement. When gatekeepers asked surfers to show them their beach badges, their requests were ignored. On Tuesday, officers stationed at the beach were assigned to look for daily and seasonal badges, she said.

When officers approached him and asked for his badge, Mahoney replied, “I don't need one,” Scott said.

Mahoney was ordered to show the officer identification so he could receive a summons. He refused, Scott said.

He was given another opportunity to provide his identification or personal information, but he refused, she said.

Mahoney tried to leave, but was told he was not allowed to leave and that he would be arrested if he did not cooperate. He left anyway, the police chief said.

“When Officer Braswell caught up with Mr. Mahoney, he was asked several times to drop his surfboard, but he refused,” Scott stated. “Officer Braswell then took the surfboard from Mr. Mahoney so he could be arrested.”

Mahoney was asked at least nine times to put his hands behind his back, but he refused to comply, she said.

“Officer Braswell continued to speak with Mr. Mahoney in an effort to de-escalate the situation and avoid further physical contact,” the police chief explained. “Mr. Mahoney continued to not cooperate with Officer Braswell, who then took him to the ground to gain control of his arms and place him under arrest.”

Scott said there is a misunderstanding among the public about what the law means with regard to beach access. She cited NJSA 40:61-22.20: “All municipalities bordering the Atlantic Ocean have the right to charge reasonable fees for the maintenance of beaches and bathing areas and for the provision of facilities and safety for the users of those areas. This is notwithstanding the right of access under the Public Trust Doctrine, and the requirement to pay a fee applies to all persons not otherwise subject to the exceptions to the law. Surfers are not included in the exceptions.”

Mahoney was charged with disturbing the peace, resisting arrest and obstruction of justice, and was also ticketed for violating a municipal ordinance for not having a beach pass.

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