SOUTH KINGSTOWN, R.I. (WPRI) — Nearly a year and a half after Rhode Island’s shoreline access law went into effect, a judge has sided with the property owners challenging it.

On July 12, Superior Court Judge Sarah Taft-Carter issued an order denying the state’s request for summary judgment, agreeing that the recently instated beach access law is unconstitutional and violates property owners’ rights.

In response to Taft-Carter’s ruling, R.I. Attorney General Peter Neronha told 12 News his office is working to decide on its next steps, but believes the wrong decision was made.

“We believe that the law passed by the General Assembly is, in fact, constitutional, and we’re going to work very, very hard to make sure in the long run, that that turns out to be the case,” Neronha said.

Gov. Dan McKee signed the bill into law on June 26, 2023, stating the public’s rights and privileges to access the shoreline 10 feet from the high tide or seaweed line.

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Weeks later, a group of property owners, known as the Rhode Island Association of General Taxpayers, filed a complaint against state leaders questioning the law’s constitutionality. The plaintiffs claimed it contradicted the 1982 RI Supreme Court ruling that set a different boundary for public shoreline access.

However, a federal judge dismissed the lawsuit, saying the plaintiffs did not have the standing to sue because they detailed accounts of trespassers in the claim, rather than addressing the state’s missteps.

Now, the Pacific Legal Foundation represents the group of taxpayers who claim the law “illegally converts private beachfront property into public property.”

While Taft-Carter’s ruling is not final at this time, an opinion on the case is expected in the coming weeks.

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