For many years now, a small group of Higgins Beach property owners have been gradually tightening the noose around the neck of public access to the beach. The latest assault aimed at discouraging public access takes the form of two proposed ordinance changes that were recently pushed through the Scarborough Ordinance Committee.

One of the ordinances eliminates the first hour of parking, from 6-7 a.m., in the 13 parking spaces along Bayview Avenue at the beach. The other prohibits “dressing, undressing or changing of clothes” at any Scarborough beach.

Both of these proposed changes are based on false premises and are duplicative of ordinances already on the books. In addition, the so-called changing proposal is unenforceable and crying out for legal challenge.

The first proposed change – elimination of the first hour of parking on Bayview Avenue – was described in one media report as “slight.” If you’re not affected by the change, of course, it may seem slight. But if you happen to be one of the folks who currently visits the beach between 6 a.m. and 7 a.m., the impact is significant. For many who have jobs, that hour may be the only opportunity during the day that they have to walk their dog, surf, fish or just enjoy the beauty of the beach and ocean.

What is the justification for this proposed parking reduction? According to the property owners behind the proposed change, early morning noise is one of the main issues associated with the 13 parking spaces. Police records clearly disprove this charge. During all of 2014 there was not a single noise complaint filed from Higgins Beach between the hours of 6-7 a.m.

The town already has an ordinance that prohibits “loud, boisterous, unnecessary or unusual noises.” And on most summer days there is a steady stream of local residents and renters hauling their beach paraphernalia to the beach between 6 a.m. and 7 a.m. to stake out that perfect spot for the day’s activities. Alleged noise from the parking spaces is just a thin pretext. The real aim of the property owners appears to be the gradual reduction of public access to Higgins.

The second change proposed by the small group of Higgins property owners is the addition of an ordinance that prohibits “dressing, undressing or changing of clothes” at or near the beaches. What appears to offend the property owners is the time-honored maneuver whereby a surfer uses a towel wrapped around himself or herself while changing into or out of a wetsuit. This is a common beach practice; it involves neither lewdness nor the exposure of any naughty bits. (Exposure of the naughty bits, by the way, is already prohibited by an existing town ordinance.)

In addition to trying to criminalize something that is normal beach behavior, the proposed ordinance raises serious questions of interpretation and enforceability. For instance, if someone wears a T-shirt and shorts over a bathing suit to the beach and then removes them once at the beach, is the person undressing? A reasonable interpretation of the proposed ordinance could indeed be that the person was undressing and is therefore in violation of the ordinance – certainly a nonsensical result.

Besides the interpretation issues, there’s the related problem of enforceability. The chief of police has called the proposed changing ordinance unenforceable. And frankly, we believe the police department has more important duties than monitoring the appropriateness of beachwear.

There is nothing new about the early morning activity or the changing habits of beachgoers at Higgins Beach. It has been going on for years. Certainly as long as most, if not all, of the complaining property owners have had the good fortune to live near the beach. Perhaps over time they have lost sight of the realities of living in a densely populated community on a beautiful beach with public access. Let’s hope that the Scarborough Town Council will protect public access to Higgins Beach for all and soundly defeat both the proposals of those who wish to reimagine Higgins as their own private sanctuary.

Steve Hanly lives in Scarborough.