A Nassau County Supreme Court judge will decide in the next day or two whether to hear a case filed Friday by an attorney who wants the City of Long Beach to re-open its 2.2-mile boardwalk, which was closed March 26 to help stop the spread of the coronavirus.
Scott Cohen, who filed the case on behalf of Francis McQuade, an unsuccessful candidate for Nassau County District Attorney last year, said Long Beach acted improperly in closing the boardwalk because it did not have the permission of the New York State Department of Health to do so.
"I have a problem with the boardwalk being closed," Cohen said Monday. "It wasn't done in the right way."
McQuade called the city's decision "arbitrary."
Long Beach officials said the city does not comment on pending litigation. But city officials had noted that the Nassau County Department of Health had not overturned Long Beach's decision to close the boardwalk.
The suit was filed against the five elected city council members, interim City Manager Donna Gayden and her assistant John McNally.
Cohen said the closing left Long Beach residents with only two ways to enter the beach, at Pacific Boulevard and New York Avenue. He said this created a hardship for people who want to walk on the beach, as well as for residents of those two streets. An excess of cars could be parked on those streets, Cohen said.
"I'd like the decision to be overturned," Cohen said. He said the boardwalk was closed at a time when fewer people were aware of the dangers of the coronavirus. "People are now more aware" of social distancing and other measures, he said.
The board was closed, city officials had said, because large crowds had been gathering there and few were observing social distancing. The boardwalk is an iconic part of Long Beach, attracting thousands during summer holiday weekends. It is also a favorite spot for joggers and bike-riders. The boardwalk has bathroom facilities and a large food stand.
As of April 7, Long Beach City Council president John Bendo said the number of confirmed cases in the city stands at 285, a large jump from a week ago, when there were about 200 cases.
"We've been informed that some of this increase is attributed to increased testing and ramped up processions of tests," Bendo said on the City's website. "But officials are also projecting that this and next week will see Nassau County reaching its peak epidemic. While this may be welcome news of sorts, please know that now is the time to double down on our social distancing efforts, not to relax them."
Bendo also said that Long Beach police are following up on complaints by some residents that some restaurants and bars are not adhering to social distancing and have stepped up patrols to enforce the guidelines.
The city has also temporarily suspended recycling.
The boardwalk close had the support of Nassau County Executive Laura Curran and State Sen. Todd Kaminsky. a Long Beach Democrat, as well as by some civic organizations.
Sam Pinto, president of the Eastholm Civic Association, said, "Right now, under the current pandemic situation, having the boardwalk closed will help flatten the curve. Closing it is a benefit."
The case is to be heard via Skype.