R.I. beachfront property owner arrested after shoreline access dispute

Crime

Police say the alleged victim was legally allowed on that part of the beach due to a new law.

A new Rhode Island law that allows public shoreline access regardless of property ownership has already led to a number of disputes. But this time, a beachfront property owner was arrested.

North Kingstown police charged resident Andrew McClatchy, 61, with vandalism and disorderly conduct Sunday after he allegedly heckled and damaged the property of a man who was using a beach near his property.

McClatchy reportedly believed the alleged victim, 63-year-old North Kingston resident Christopher Brady, was on his property and tried to get him to leave.

But police say Brady was within 10 feet of the high tide line, and under the state’s new law, the public is entitled to use that space as a public beach.

The incident

The incident happened a little before 3:30 p.m. near McClatchy’s property on Cold Spring Lane, according to the police report about the incident. His property borders the town beach.

Brady was visiting the beach with his wife and 10-year-old daughter when McClatchy, his wife, and his adult daughter came over to confront them, the report said.

The report describes McClatchy taking a video of Brady with his phone while allegedly “verbally antagonizing” him, asking him for identifying information, and asking him to move. Brady reportedly refused and told McClatchy to “call the cops” before arguing with him about shoreline access rights.

McClatchy’s wife tried to diffuse the situation by standing between the two men, but McClatchy allegedly began trying to goad Brady into a physical fight and swore at him, the report said. Eventually, McClatchy got past his wife and allegedly broke Brady’s beach umbrella before walking away from the situation.

Police interviewed Brady and multiple witnesses and reviewed video and photos of the scene, the report said. They ultimately determined that he and his family were within the 10-foot shore access zone.

Police also spoke to McClatchy, who called Brady a “Marxist antagonizer,” the report said. Still, McClatchy reportedly admitted that he “got out of control” and broke the umbrella because he was upset about people using the beach near his property.

Police arrested McClatchy without incident, the report said. He was quickly arraigned and released on $1,000 personal recognizance bail. He is due back in court on Sept. 1.

Controversy surrounding the new law

The Sunday incident is far from the first to occur since the controversial shoreline access bill was signed into law in late June.

Beachfront property owners have tried to physically block off their property, while others have simply tried to dissuade people from coming onto their property with aggressive signage.

In a July incident that went viral on TikTok, a man was charged with trespassing after he repeatedly went onto a Middletown man’s property while trying to get to the beach.

Soon after the law’s passage, a group of Rhode Island shoreline property owners filed a lawsuit against state officials over the new law. They argue that the new law effectively allowed the state to claim ownership of their property without compensation.

But shoreline access versus private property rights is a long-standing battle in Rhode Island. As far back as 1982, the state’s highest court affirmed a right in the state constitution for the public to use all of the state’s shore, though not as far up as the new law allows.

McClatchy’s history with shoreline access disputes

A public Facebook post on a Rhode Island shoreline access advocates group indicates that McClatchy isn’t new to this fight either.

In October 2022, a group member claimed that McClatchy joined the group and lashed out at group members before quickly leaving the group.

“I was unnerved and even frightened by Andrew’s words, since I understand he has been retaliatory against others in the past who have broached this particular subject matter,” the member wrote.

The Facebook group may have been where McClatchy got the idea that Brady was a Marxist. McClatchy mentioned a Facebook group to police, the report said, and the group’s cover photo shows Karl Marx lounging on the beach.

But Brady told The Boston Globe he wasn’t trying to make a statement on Sunday.

“I’m a dad, and I have a day off, my one day off a week. I don’t have time to protest,” he told the newspaper. “I love my family, I’m trying to spend time with my family.”

The Globe reported that Brady likened McClatchy’s actions to road rage, calling it “beach rage.”

You can read the police report on the incident here:

Police Report on 8/20/23 North Kingston Beach Incident by Susannah Sudborough on Scribd