Long Beach boardwalk to stay closed with state’s blessing

A lawsuit demanding that Long Beach follow the proper steps to close its 2.2-mile-long boardwalk was withdrawn Wednesday after it was successfully resolved by the plaintiff.

Scott Cohen, the lawyer for plaintiff Frank McQuade, who ran unsuccessfully for Nassau County District Attorney last year, said that McQuade decided to withdraw the suit after being informed by the New York State Department of Health that it had given Long Beach the approval to close the boardwalk. Earlier this week, McQuade wrote in a letter to the Herald that it was never his intention to have the boardwalk reopened, but rather to see that the closing was done properly.

McQuade’s suit was filed last Friday. Cohen said the state Health Department’s letter detailing its action was dated Sunday. Cohen said he believed the department’s decision to approve the closing was a response to McQuade’s suit.

“I believe it is a 100 percent victory,” Cohen said,

The City of Long Beach said in a statement, “We are pleased the plaintiff has dropped the suit. We will continue to do everything possible to protect the health and safety of our residents.”

“The Long Beach City Council took the steps required by due process and law to legally close the Boardwalk,” McQuade wrote in his letter. “I commend them for acting reasonably and responsibly, as I fully knew they would do. The case was amicably settled with minor tweaking of the legal requirements to properly close the Boardwalk, which took mere days to resolve after the suit was filed. Reopening the Boardwalk was never even the prime goal of the suit, much less the only goal.”

He added, “The suit was a correct legal request to conform to law, to which the City agreed, which actually will make the Boardwalk closure even more protected from legal claims in the future that could compel its forced reopening. No money damages were ever considered much less requested. The principle was due process of law, the resolution simple and without expense, and the result is a proper Boardwalk closure. Honest people can disagree on important matters such as civil liberty, due process of law and public safety. Civility is the catalyst of listening and learning and sculpting strong and legally-consistent policy for the future.”

The boardwalk was closed in late March after city officials said it was crowded with people who were not following social distancing guidelines. The structure is an iconic feature of the city, attracting thousands of people on summer weekends. It is also used year-round by walkers, joggers and bicyclists.

There are now only two ways to access the beach near the boardwalk, one entrance at New York Avenue and another at Pacific Boulevard.