02/28/08 - News Reports From Greenwich Time

Class action status denied in beach lawsuit
By Martin B. Cassidy
Staff Writer

With a trial approaching, a federal judge has granted the town a partial victory by rejecting a Stamford bicyclist's request to add a discrimination claim to his pending lawsuit that Greenwich's beach access fees for out-of-towners are unconstitutional.

In her six-page ruling last week, U.S. District Court Judge Janet C. Hall upheld the town's argument that Paul Kempner, 77, a Stamford shoreline resident, could not pursue a discrimination claim himself because a town policy change giving free access to town beaches to Kempner and others over the age of 65, made his claim moot....

... Last year Hall ruled Kempner could sue the town on his claim the town violated his individual free speech rights, and a trial is expected to begin on that issue on April 15....

... Last week was the third time Hall threw out Kempner's claim that the town beach policy's of charging out-of-towners more than residents was discriminatory, because it unfairly restricted access to town beaches to non-residents.

Kempner declined comment on the ruling yesterday, saying he was unaware the issue had been decided, and calls to his attorneys were not returned.

Michael P. Shea, a Hartford-based attorney for Day-Pitney LLP, who is representing the town in the case declined comment.
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