Citations stir unrest in Rehoboth Beach

The first big test of a new noise ordinance in Rehoboth Beach over the Memorial Day holiday weekend had some unexpected blowback for city officials.

A flurry of emails – most of them with similar content and sent by about three dozen people – went out to city officials and the media alleging that enforcement of the new ordinance targeted the city's gay community.

There also were concerns about citations for open containers and other minor violations handed out at the beach area at the south end of the boardwalk – the area most popular with gay residents and visitors.

In all, over the three-day weekend, there was one noise citation at a rental home in the ocean block of New Castle Street and about eight citations for various civil disturbances linked to public urination and open containers near the most popular gay beach.

It is all "being taken very seriously," said City Commissioner Kathy McGuiness. "We do need to address this."

Rehoboth's police chief stressed that he and his force have no animosity against the beach town's gay community and had not targeted them over the weekend.

Steve Elkins, with Camp Rehoboth, a group that formed more than two decades ago to improve relations between city officials and its gay community, said the problem with the noise ordinance may not be so much a gay-straight issue but one where some residents have forgotten that people come on vacation to have fun.

"It's amazing," he said, "how many people, gay and straight, forget" that people are on vacation.

In an email sent to city officials and The News Journal, Sean Holihan wrote of his concern "that Rehoboth Beach is no longer the gay-friendly vacation destination that it once was. There have been several incidents this Memorial Day weekend of overly aggressive policing, arbitrary noise complaints, and what appears to be selective law enforcement on the beach unfairly targeted toward the gay community. We have been vacationing in Rehoboth for many years and have never experienced this kind of harassment before."

Holihan wrote: "We have peacefully co-existed with Rehoboth residents and vacationing families. We support local businesses and are responsible members of the community. We love Rehoboth and have always felt at home here."

He went on to suggest that some neighboring property owners complained about noise, and over the holiday weekend, he alleged police "swarmed" the gay beach.

"We were left with the impression that our community was selectively targeted," he wrote.

The blitz of other emails raised similar concerns.

Rehoboth Beach Police Chief Keith Banks said no one was targeted in the weekend enforcement actions. City police, he said, were so busy over the weekend that there was no proactive enforcement of the noise complaint or open container rules. Police simply reacted to complaints that came in to the police department, he said.

"I take pride in the police department and the city for everyone getting along," Banks said. "We're not targeting anyone."

Banks said his officers responded to several noise complaints but issued just one noise citation over the holiday weekend to a renter on New Castle Street.

Banks gave this account of events: The first of three noise complaints at the New Castle Street address came Saturday at 9:38 p.m. when officers went to the house after a neighbor complained about the noise. People were in a backyard pool and were asked to lower the volume.

The second complaint at the same address came Sunday at 3:56 p.m. A neighbor complained about noise in the backyard. The officer asked them to lower the volume, and the group went indoors. The final complaint came Monday at 2:48 a.m.

Banks said the officer arrived at the property and could hear the noise from the front of the house. He went to the backyard and found seven people in a hot tub. The lease holder was given a civil citation that carries a fine of $100, Banks said.

Elkins said initially he was more concerned about the enforcement at "Poodle Beach," the area most popular with gay residents and visitors.

Elkins said he's been told there were complaints of people urinating in public after a long line formed at a portable toilet at a nearby construction site.

Banks said that the single officer patrolling the area on Saturday did find long lines of people waiting to use a construction site portable toilet in the area. He issued two civil citations after he witnessed two people urinating in public.

While he was there, someone told the officer people were violating the city's open-container law. The officer issued six open-container citations on Saturday.

Elkins and McGuiness said the issue of inadequate restroom facilities does need to be addressed. The closest public restroom is several blocks away.

Banks said the force patrols not only the Queen Street beach but all town beaches, and are always on the lookout for open containers of alcohol or glass containers of any beverage, both of which are against town law.

In April, city officials revised their noise ordinance. Rather than using sound-monitoring tools in residential areas, police officers now determine if the noise is "plainly audible" when off the property.

The ordinance sets a quiet time of 11 p.m. to 8 a.m.

Banks said that under the ordinance, the police have to respond to every complaint and that could become a burden on extremely busy holiday weekends.

McGuiness said commissioners will be waiting for a full report from Banks and City Manager Sharon Lynn.

She said it was a perfect holiday weekend and the city was very crowded.

"It was a beautiful beach weekend," she said. "And it's been a long, cold winter. It was clearly noisy and more crowded."

Senior reporter Cris Barrish contributed to this story.

Reach Molly Murray at (302) 463-3334 or mmurray@delawareonline.com. Follow her on Twitter @MollyMurraytnj.