Photo by James Katsipis
DAN'S PAPERS, May 16, 2008 Page 29 www.danshamptons.com
Jason Hewitt surfing legally in Montauk, May 10.
Surfin’ U.S.A. Surfers Win the Right to Ride Waves at Montauk Point By Janine Cheviot Last summer, a Brooklyn woman named Nancy Opitz was issued a ticket for surfing with an “artificial swimming aid” at the north bar area at Montauk Point. East Hampton Town Justice Lisa R. Rana dismissed the ticket, saying that the officer had cited an incorrect statute of the law. But a few days later, New York State Parks Police issued more tickets to surfers at the north bar, citing the same statute that the judge said didn’t apply to surfboards. This group of ticketed surfers soon became known as the “Montauk 8.” With the surfing community rallied behind them, they headed to court last week.
T-shirts created to campaign for the Montauk 8 read, “Surfing is Not a Crime” — and East Hampton Town Justice Catherine A. Cahill agreed. The judge dismissed the case against the Montauk 8 last Thursday based on the fact that there is no mention of surfing in the statute cited on the tickets. Her decision stated, “The cited section of the statute herein, 377.1(h) of NYS 9 NYCRR regulates swimming, diving, bathing and wading. There is no mention of surfing. While it is possible to believe that the legislature might have meant to include surfing, it seems doubtful, when they specifically mention the activity of surfing in the very next section of the law.”
The statute incorrectly cited by the Parks Police refers to artificial swimming aids including tubes, floats, swim fins, aqua-lungs and skin diving equipment of any kind, or any other inflated or buoyant objects or mechanical aids for swimming or diving. The law goes on to specifically distinguish surfing from swimming several times, thus the basis of Justice Cahill’s decision. “It’s a big victory for us,” said Joe Giannini, a local activist and attorney who represented the Montauk 8 and has argued since the beginning that there is no legal restriction banning surfing at Montauk Point. “I kept (continued on the next page)
SH HOSPITAL INSURANCE IN CRITICAL STATE By Tiffany Razzano Negotiations between area hospitals and health insurance providers Empire Blue Cross Blue Shield and Oxford are still underway, as both parties hope to come to a resolution prior to the contracts termination in early June. If the contracts terminate, this would affect all Empire and Oxford patient members in the area. While those policyholders would be covered for emergency room visits, they would have to find other doctors, possibly at a hospital farther west on Long Island, for non-emergency matters, scheduled procedures and ongoing care (including visits to general prac-
titioners based at one of the hospitals). While negotiations continue, the contracts are in a 30-day extension period. Empire’s contract is set to expire June 1, while Oxford’s will terminate June 7. To strengthen their negotiating power, Southampton Hospital, Eastern Long Island Hospital in Greenport and Riverhead’s Peconic Bay Medical Center have consolidated their efforts, calling themselves the Peconic Health Corporation. The hospitals have negotiated under that moniker in the past, disbanding the group in 2007 and bringing it back this year.
Paul Connor III, president of ELIH and spokesperson for Peconic Health, said the biggest issue for the hospitals is the reimbursement rate, the amount insurance companies pay hospitals for each policyholder they provide care for. Because of medical fees charged, hospitals sometimes lose money on patients because the reimbursement rate is so low. Connor said the hospitals hope to receive rates on par with what the bigger hospitals on Long Island receive. “Wouldn’t you expect the amount [insurance companies] reimburse a (continued on the next page)