hey everybody it's James Freeman and today's video shows a man being arrested by the belmare New Jersey police department now there's been strong debate on both sides of this and that's what I really want to get into what's going on here is this man is trying to access the Atlantic Ocean in New Jersey to Surf and he's told that he's not allowed to access the ocean without a permit the city claims that this permit pays for things such as lifeguards showers and the general upkeep of the beach so essentially what the city is saying is look you have to pay tax to access the beach we know you pay income tax you pay sales tax you pay property tax you pay a tax every time you fill your car with gas you pay a tax to register your vehicle you pay a tax to park your vehicle and you thought that all of these taxes upon taxes upon taxes were paying for public services but it's just never enough the crazy thing about this video is that this guy did actually pay the tax it's just that he initially refused to show the officers his proof of payment but now the officers are so mad at him that even after he shows his proof of payment of the tax the officers still tackle him and arrest him and a huge portion of the population agree with the officer's actions after all they asked for his ID and he didn't give it when an officer asks you to do something you're just supposed to obey in a public statement put out by the chief of police she says to be clear Mr Mahoney the man in the video was not arrested for not having a beach badge he was arrested because he obstructed the officer's investigation by refusing to give his identification or pedigree information Mr Mahoney was also advised he was not free to leave and continued to walk away during the encounter so in other words uh the chief of police says he wasn't arrested for not having a beach badge he was arrested essentially for failure to ID she says I'm not going to ask you too many more times you're not free you're not free to leave am I being detained you are and you take another step you'll be arrested I promise you I promise you cuz I'm surfing yeah just come here no you want you can talk to Harry Hearts about this talk to whoever you want about it talking to me right now I'm not doing anything wrong I H okay we to a beach banch though so we need your information because I'm not on the beach you're allowed to access the water to surf or to fish you yes yeah and you don't need a beach badge for that need a beach bad you go up to this beach this AE this is a free this is a free beach I'm not going to argue with you going to provide your name information no I'll I'll after this transaction is done I'll email you the free access law and I'll also email you title 40 which regulates the municipalities to charge fore Beach okay great for the time being we need your information no okay 726 to 52 you're now free to go all right [Music] 726 one of yourest for 19 drop drop drop the surboard drop the surb you're illegally drop theard drop theard it's going to be another charge put your hands behind your back put your hands your hands put your hands behind your back put your hands behind your back what did I do wrong what did I do wrong this is ridiculous what did I do wrong this is R bro hands what did I do wrong bro that's my [ __ ] badge I walked up to the shower dude him shut up get the [ __ ] out of my face dude back no why are you guys arresting this right I will call Harry contact Harry pleas dude I didn't do I have my badge right there badge is right here so resisting why didn't he have his please let go of me areiter you are not allowed to do this bad right you not allowed to do this stop okay stop [ __ ] back don't [ __ ] tou stop put your hand behind your back put him behind your back stop resisting put your hand behind your back what the [ __ ] what the [ __ ] is wrong with you guys radio he hey call Harry harson please I have a [ __ ] badge why would you [ __ ] joking cuz he doesn't have a badge it's right here your no I have badge I'm not letting you arrest me bro hey stop get [ __ ] [ __ ] this gu a [ __ ] your career is done we got it too I have a [ __ ] [ __ ] freaking all of us out we all [ __ ] live here look can you please stop you got these things so tight on me man you're hurting can you please [ __ ] loosen it just a hair dude come on you're being ridiculous I was walking to the [ __ ] shower is all this I want to know where the the of the police department is can you please [ __ ] get off me dude why you guys fuing yo can you loosen it a little bit bro you're cutting my wrist we're getting up walking straight off sir can youle clear stair a little bit clear the stairs can you please clear the stairs you're an idiot oh my godo can you please give me dude my hands are [ __ ] cutting off the circulation should thought of that for your fores I was going to the shower I had a beach badge you're being ridiculous bro are you [ __ ] serious you're under arrest for obstruction all right dude can you can one of you please loosen the bat my right wrist I have you have anything on you no sir I do not you have nothing on you at all I have nothing I have a bar of wax in my wet suit can you can you please spread your leg can you please [ __ ] loosen it a little bit sir what's that it's a barrow wax I just told you hey I see can you pleas sir I'm I'm begging you at this point there you go there okay good yeah man okay uh resum your zones going there okay please officer Speakman officer Speakman hey uh I have seen recently that your department has been catching some Flack over just doing your jobs and just wanted to call and tell you thank you for your service sir I appreciate that sir thank you did you see the incident of the uh the guy on the beach being a a real buttthe head let's say I cannot comment on anything about the incident sir cool well well I appreciate what you all are doing um I'm also looking for numbers on how many people have uh been killed or seriously injured as a result of not having a beach pass uh do would you off the top of your head know how many people have been killed or seriously injured as a result of not having a beach pass in the last year sir do you need a any police assistance well yeah I was trying to have a conversation with you as a police officer and put some information out there for the public to help them understand why you guys do what you do and God bless you for it you know if it weren't for police who would beat the [ __ ] out of people for not having a beach pass him all right and that's important that's an important role in our society in a press release statement about the incident Chief Tina Scott said I would like to provide the community with some additional contacts regarding the arrest made on the belmer beach on Tuesday August 20th I have viewed the officer's bodyw warn camera footage that shows the interaction between officer brazwell and Mr Mahoney and the events that led to his arrest during the week officers received multiple complaints regarding Surfers illegally entering the beach across the dunes the gate attendant requested that these Surfers to show their Beach badge however their request went ignored on this date the officers who were assigned to the beach front conducted a check for daily and seasonal badges the burough is aware of some misconceptions of the law that have been circulating prior to the subject incident but seem to have gained additional traction since pursuant to ngsa 461-2222 maintaining the beach and bathing areas and for providing facilities and safeguards for people using such areas this is so not withstanding the right to access afforded by the public trust Doctrine and the requirement to pay a fee applied to all persons not otherwise subject to the exceptions of the statute Surfers are not the subject of these exceptions the public trust Doctrine is a legal doctrine that states that the public owns certain resources and the government is responsible for protecting and maintaining them for public use the doctrine is often used in the context of water bodies such as Lakes streams and navigable Waters but can also apply to other resources like wildlife and land uh the doctrine originated in 1215 as part of the Magna Carta which sought to limit the power of the king and and essentially the problem was that the king kept saying ah you know it's the king's Forest it's the king's deer it's the king's uh River it's the king's ocean everything is the Kings and you don't get to use any of the king property without paying the king and and so essentially that was what it was meant to to stop was was the king basically telling everybody look everything is mine everything is mine and and uh essentially it's uh this goes on to say that it's since been shaped by courts which have found that the public uses of sovereign lands can be flexible enough to accommodate changing public needs or in other words the king can indeed once again tell you that you can't use the king's land and that if you're going to use the king land you got to pay the troll toll these are the types of excuses that are that are consistently used by government no we're not restricting your access to your land we're protecting your land from you uh we're not restricting your access to your land we're just telling you that even though you already pay taxes that are supposed to pay for the upkeep of these things you have to pay yet another tax which we're going to call a beach pass um it just doesn't seem to ever end taxes upon taxes upon ta taxes upon taxes and if you should happen to use the king's property without paying the king's tax Mr Mahoney got to find out what happens when you try that the funny thing is Mr Mahoney actually did pay the tax oh but you know what he disrespected the King's Men I guess the question becomes for everyone where is your line is it a tax on the tea is it a tax on access to the Atlantic Ocean where is your line and I suppose that the question for those in law enforcement is also where is your line Once Upon a Time being a tax collector uh enforcing the king's arbitrary rules was a very very dangerous job and while police like to pretend that their job is very dangerous today it's not most of us are very docile and compliant their job is not very dangerous yet and so I think that if you are in La enforcement I think you ought to start asking yourself how far do you think you're going to be allowed to push the people and I'm talking the average everyday majority of society middle class workingclass citizens how far do you think you're going to be able to push them I don't know I I really don't know the answer to that question you may be able to push them to the point of loading them up on trail uh train cars and putting them in a gas shower they may submit to it but there's always that chance that at some point someone somewhere or even a group of people might end up having the courage to stand up to you