Tuesday’s arrest of a surfer in Belmar has refired a debate in New Jersey – should guests have to pay to get on the beach?

Belmar police officials say surfer Liam Mahoney’s arrest happened not because he wasn’t wearing a badge, but because of his conduct with Officer Ryan Braswell. But could the initial confrontation have been prevented if all beaches were on the same page when it comes to recreational access?

“The first summer I was 14 and needed a badge, I ran on the beach as a young kid not remembering what the rules were, and there was an incident when we were prevented from enjoying the rest of the day,” said Dr. Brian O’Mullan, now a chiropractor in Belmar.

He says this incident happened back in the ‘90s in Spring Lake.

“Police don’t make the laws, they’re just enforcing them,” he said.

“Courts have found that the beach fee statute, charging for beach access, is consistent with the public trust doctrine,” said attorney Andrew Chambarry.

Since 2015, Chambarry has fought for beach access in towns like Deal, which attempted to restrict parking. He wants the gray areas of the complicated laws changed, streamlined and unified. The public trust doctrine gives the rights to citizens to access the high tide water line and points beyond.

“Surfers don’t want lifeguards, surfers don’t need lifeguards, and surfers don’t generally use the beach in the same way a tourist does,” said Chambarry.

“We have an opportunity here to make lemonade out of lemons and set the precedent for other beach towns to follow and start allowing your title use, recreational use access with a badge,” added O’Mullan.

Eliminating fees would mean every town that charges for access would have to find new funding to pay for cleanup, maintenance and lifeguards. Chambarry says to avoid situations like what happened on Tuesday, lawmakers need to start looking at alternative measures.

“It’s a sad state of affairs and I can assure you the rest of the country is laughing at New Jersey when they see the video from Belmar on Tuesday,” he said.