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#46
11-17-2006, 12:07 PM
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__________________
"It's normal for these things to empty your wallet and break your heart in the process." 2012 SLK 350 1987 420 SEL 
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#47
11-17-2006, 01:09 PM
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The state and local govts have since put a stop to this. Monday, March 8, 1999 Increasing arrests raise concern about lewdness at Higbee Beach By RICHARD DEGENER Staff Writer LOWER TOWNSHIP -- Doug Ely walks right by the shotgun shell discarded on the forest floor as he winds his way along the briar-lined trail through the wilds of Higbee Beach. Ely, a conservation officer with the state Division of Fish, Game and Wildlife, is looking for evidence. The fact that he walked right by the shotgun shell should tell you something. Ely isn't looking for violations of state hunting or game laws. The evidence he seeks is not something taught to conservation officers. Finally, Ely arrives at a small clearing from a trail that seemingly went nowhere. These are the types of trails where he usually finds what he is looking for. "Two new prophylactics," Ely says. Condoms, a pair of men's underwear, soiled tissue paper and pictures of semi-nude men from a magazine for those practicing "an alternative lifestyle" is Ely's evidence. His job? Lately it's been arresting a growing number of men using this wildlife area for various lewd acts. Higbee Beach, long a summertime haven for nude sunbathers, is now becoming something else entirely. "It's out of control," Ely said. The division has made four arrests in the last few weeks and Ely said another man fled and eluded arrest. He said it takes him less than an hour of walking around to find men engaged in lewd activity. Having patrolled the area for 10 years, Ely said he has never seen it like this. "Sometimes when I'm chasing nude men through the dunes, it's hard to remember what I went to school for," Ely said. The Lower Township Municipal Court confirms an upswing in cases over the past several years. Court officials were surprised when cases started coming in this winter, although it has been unusually mild. There were no cases in 1995 and just one in 1996. In 1997 there were five arrests and in 1998 there were four. "This year we're already had four arrests, and one guy who fled, and most of it starts in the warmer weather," said Captain Ed Markowski, who heads enforcement for the division's southern region. The arrests may just be a fraction of what is occurring. On most days, due to budget constraints, there are no conservation officers overseeing activity at the refuge, which covers hundreds of acres. Ironically, Markowski said, the activity declines in the heat of summer, when large crowds may help discourage openly lewd behavior. Ely has been propositioned in both his street clothes and in a conservation officer uniform with a holstered gun by his side. He said he has just about seen it all. Two years ago he popped over a dune and saw five men in the open engaging in sexual activities. Lewd acts Another time, in the parking lot off New England Road, Ely witnessed a man performing a sex act in front of a crowd. Ely has also found evidence of male prostitution and once discovered a box of pictures featuring naked infants. Some of the offenders are leaders in their community. Ely has arrested teachers, firemen, police officers, probation officers, and even birdwatchers. A teacher at Cape Christian Academy, who Ely said had a prior conviction for lewdness, was arrested on January 15. The charge generally comes under a disorderly persons offense, unless someone 13 years or younger witnesses the act. Then, Ely said, it is a fourth-degree crime and jail time can result. The Cape Christian Academy teacher has pleaded not guilty and has a trial date of March 16. The man he was arrested with, a Villas resident, pleaded guilty and paid a $250 fine plus $157 in various court costs. Ely said many of the men are married. Some use their marriage to plead for mercy. Ely said a man he arrested on February 27 kept telling him, "My wife will kill me." Ely still arrested him. Quite often the criminals will accuse Ely of picking on homosexuals. Ely said he would arrest a male-female couple "just as quickly," but he's never had to. With the current controversy over alleged "racial profiling," the division is very sensitive to such charges. Markowski said there is no prejudice "against alternative lifestyles." Markowski said the only thing not being tolerated is lewd behavior in an area dedicated to wildlife. Higbee Beach, Markowski noted, is one of the top 10 sites in the world for migratory birds and is in the top five in North America. It is the only state wildlife management area, out of 260,000 acres statewide, managed strictly for endangered and nongame species. The impact on the environment from such activity can be significant. It has trampled vegetation in the dunes and led to numerous trails that don't go anywhere. Trash, often items that many members of the public would consider offensive, litters the area. Markowski said the real victims are wildlife enthusiasts who come here with their families. Happening upon such activity, or finding discarded items like condoms, is hard to explain to children. "The people who like to use Higbee are repulsed. They don't come back with their kids and wives," Markowski said. Higbee fisherman Mike Mercaldo of North Cape May agrees. "I have four daughters and can't take them for a walk here. I've been using it for years and years and it's gotten big-time worse. I've been fishing and guys have (propositioned) me," Mercaldo said. Those who use Higbee for lewd activity use a variety of signals to attract one another. Lewd gestures with the hands and certain lingo is part of the ritual. Ely has been accused of enticing the men he arrests but he says he has to do almost nothing to draw attention. A Feb. 12 report from Ely details an encounter with an elderly artist from the Villas. Ely said the man was looking at pages from a discarded pornographic magazine. Ely simply said to him, "That's a spicy one isn't it?" Ely then walked 15 feet away and turned around. The man had allegedly unzipped his pants and was doing something lewd enough to be arrested. He has pleaded not guilty and is set to appear in court on March 23. Enforcement The state's ability to control nudity and lewdness at Higbee has not gone unchallenged. A few years ago a man challenged the state, alleging New Jersey did not control all the beach between the high and low tide line. The New Jersey Tidelands Council ruled against the division. That is partly why the state is now negotiating to buy a 153-acre parcel at nearby Sunset Beach. It will then own the entire beach from Cape May Point to the Cape May Canal. The state has also closed parking lots to control access. Lower Township has tried various enforcement efforts but has found it can't enforce municipal ordinances on state land. "It's all deferred to the state. I'd like to see the nude section narrowed down somewhat," Mayor Larry Starner said. Markowski said a big problem is that the courts have found "nude is not lewd." This means the state can do little about nudity unless it is accompanied by lewdness. Markowski said they have won every case based on lewd issues, which typically involve mutual masturbation, oral sex, intercourse, or just being sexually aroused. The statute describes lewdness as: "A person performing a flagrantly lewd and offensive act knowingly or reasonably expecting that this act would be observed by a non-consenting person who would be affronted or alarmed." The Catch-22, according to Ely, is that nudity is allowed but it leads to the other activity. "If we required clothes, much of the sex problem would disappear. A lot of riff raff comes here to see the nudists," Ely said. Small details can tell Ely a lot. Cars that pull in the parking lot and then back into a spot so they can leave quickly are one sign. Standing in the lot in his uniform last week, several cars pulled in, saw him, and took off at a high rate of speed. The mere presence of conservation officers helps, but the division doesn't have enough manpower to be there every day. "We have fewer conservation officers than in the 1950s. Some days, I'm the only CO from Burlington City south," Ely said. The state hopes the recent arrests will send a message. The state is even interested in publishing names of those arrested. "If you're here for wildlife, it's OK. If you're here for the wild life, then move it along," Ely said. -------------------------------------------------------------------------------- Government Directory || South Jersey Online || Virtual Postcards || News || Lifestyle || Sports || Classifieds Obituaries || Crossword Puzzle || Birding Guide || Golf Guide At The Shore: Entertainment Guide || Special Reports || Search || Help || Links Gaming Industry Observer || Contact Us || Starr Report - Clinton Rebuttal - Testimony Copyright (©) 1999 South Jersey Publishing Co. You may not redistribute or republish any of this material -- in part, or whole -- in any form for commercial use. For further information please email us .
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