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Boaters file lawsuit, asking for court to declare Irondequoit's new boating ordinance void - Greece, NY - Greece Post
Boaters file lawsuit, asking for court to declare Irondequoit's new boating ordinance void

Boaters file lawsuit, asking for court to declare Irondequoit's new boating ordinance void

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So-called "boat block parties" just off shore in the Sea Breeze area of Irondequoit on a hot summer's day resulted in a change, in May, to the town's boating ordinance — and now in a lawsuit challenging those changes.

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By Linda Quinlan, staff writer
Posted Jul 11, 2012 @ 03:39 PM
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Irondequoit's new boating ordinance is being challenged.

Boaters in an alliance called Restore Public Waters in Rochester, NY, Inc., have raised almost $5,000 for attorney's fees, hired attorney Alan J. Knauf of Knauf and Shaw LLP to represent them, and last Friday, July 6, officially filed a lawsuit in state Supreme Court.

The Notice of Petition asks that the court "vacate, annul, declare illegal, unconstitutional, invalid, null and/or void Irondequoit's (new) boating ordinance," and that it "temporarily and permanently enjoin and/or stay enforcement of the ordinance."

The lawsuit also asks for reimbursement of attorney fees and "further relief as the court deems just and proper."

In May, following complaints of noise, rowdiness and public nuisance from residents, the Irondequoit Town Board adopted amendments to the town's boating ordinance that state that boats must stay at least 300 off shore from a strip of homes in Sea Breeze, from about the Irondequoit Bay outlet to Lake Bluff Drive, and may not "raft," or tether together.

Boater Maria Vetri, of Rochester, is acting as spokeswoman for Restore Public Water Rights in Rochester, NY, Inc., and says the group already has about 1,500 members.

She says she got involved "because, as a boater, I believe in the constitution and our (boaters') right to free and public access to the water."

She said the group aims to raise $12,000 to fight the town's new ordinance, and also has a fundraiser coming up Aug. 2 at Bazil's restaurant on Empire Boulevard.

The 14-page lawsuit lists 74 specific causes for action, and states, in part, "much of the noise, litter and disturbances (in the area affected by the ordinance) arises from Marge's Lakeside Inn, a bar at 4909 Culver Road on Sea Breeze Beach."

"I don't think it's correct to say it (the problems) were all caused by boaters," Vetri said. "I want to know how they know reports of public intoxication were from boaters and not the bar ... was an analysis made?"

Irondequoit Town Councilwoman Stephanie Aldersley called the lawsuit "very unfortunate," but noted, "the issue is that if you're going to be rude and crude ... you can't go there and stay there."

She added that she isn't sure whether the town had been served with the lawuit yet. Generally, the town would then have 30 days to respond to the lawsuit.

Irondequoit's new boating ordinance is being challenged.

Boaters in an alliance called Restore Public Waters in Rochester, NY, Inc., have raised almost $5,000 for attorney's fees, hired attorney Alan J. Knauf of Knauf and Shaw LLP to represent them, and last Friday, July 6, officially filed a lawsuit in state Supreme Court.

The Notice of Petition asks that the court "vacate, annul, declare illegal, unconstitutional, invalid, null and/or void Irondequoit's (new) boating ordinance," and that it "temporarily and permanently enjoin and/or stay enforcement of the ordinance."

The lawsuit also asks for reimbursement of attorney fees and "further relief as the court deems just and proper."

In May, following complaints of noise, rowdiness and public nuisance from residents, the Irondequoit Town Board adopted amendments to the town's boating ordinance that state that boats must stay at least 300 off shore from a strip of homes in Sea Breeze, from about the Irondequoit Bay outlet to Lake Bluff Drive, and may not "raft," or tether together.

Boater Maria Vetri, of Rochester, is acting as spokeswoman for Restore Public Water Rights in Rochester, NY, Inc., and says the group already has about 1,500 members.

She says she got involved "because, as a boater, I believe in the constitution and our (boaters') right to free and public access to the water."

She said the group aims to raise $12,000 to fight the town's new ordinance, and also has a fundraiser coming up Aug. 2 at Bazil's restaurant on Empire Boulevard.

The 14-page lawsuit lists 74 specific causes for action, and states, in part, "much of the noise, litter and disturbances (in the area affected by the ordinance) arises from Marge's Lakeside Inn, a bar at 4909 Culver Road on Sea Breeze Beach."

"I don't think it's correct to say it (the problems) were all caused by boaters," Vetri said. "I want to know how they know reports of public intoxication were from boaters and not the bar ... was an analysis made?"

Irondequoit Town Councilwoman Stephanie Aldersley called the lawsuit "very unfortunate," but noted, "the issue is that if you're going to be rude and crude ... you can't go there and stay there."

She added that she isn't sure whether the town had been served with the lawuit yet. Generally, the town would then have 30 days to respond to the lawsuit.

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