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DAN'S PAPERS, June 11, 2010 Page 18 www.danshamptons.com

Beach Dogs

(continued from page 15)

diently. She ran by, not breaking her stride, then looked back over her shoulder. “You two all right?” she asked. The two walkers got up. “No,” one of them said. They were bleeding from their wounds. The woman waved again and strode along. Glad to hear everything was okay, seemed to be her message. The couple followed the woman as she ran up the beach to the parking lot at Atlantic Avenue Beach nearby and her dog jumped into the back seat. Then she drove off, but not before the couple got her license plate number. The court date is sometime this week. The male victim was a high-powered New York City lawyer named Sandor Frankel, according to Martin Ligornet, a friend who told me about this. The other victim was his wife Ruth Frankel. I put two telephone calls in to Mr. Frankel asking that he return them but so far he has not. I hope they are all right. And I hope Martin got this right. The second story involves an East Hampton painter named Carol Saxe. Carol has a little tiny dog who wouldn’t hurt a fly. She was walking him along the beach at a legal hour—there are legal hours to walk dogs and illegal hours when not to. There are many different activities down at the beach and they all have to be taking place so as to not interfere with one another. Ms. Saxe followed a path to the beach (a sign-indicated “path”) and then walked her dog right down near the surf line. The tide was way out. It was quite beautiful out there.

At a certain point, a local East Hampton Village traffic control officer on a threewheeled motorized vehicle approached and told her she was too close to an area staked off so piping plovers could nest, and he wrote her out a ticket for that. The fine for being too close to a marked-off piping plover nesting area is $150 at minimum. Since Ms. Saxe felt she was wrongly ticketed, she decided to fight the ordinance in court. Here is the account of her court appearance before Judge Catherine Cahill as she wrote it to me in an email. Dear Dan: I went to court with my well-researched and thought-out defense after having consulted friendly, free legal counsel. I was dressed in appropriate business attire and had a folder of beautifully printed 8 x 10 photographs of the scene of the alleged crime, taken within 20 minutes of the violation; time and date recorded from my camera. I eagerly looked forward to the mini trial of the century where I would dazzle the court and win my case for all dog lovers of East Hampton. However, I had been advised beforehand that the prosecutor would meet with me first and try to adjudicate the case without a trial. I hoped that he would be blown away and totally overwhelmed by my “evidence” and dismiss the case before trial. This is what transpired. He immediately dismissed some of my legal arguments. The town claims they have jurisdiction into the

ocean despite the New York state map showing the village boundary at the high tide mark. They also claim that the imaginary lines into the ocean and along the shore are enforceable. He was, however, very impressed by my photos which showed NO SIGN and showed a path along the water at low tide very far from any nesting area. He took these photos into a brief meeting with the teenage enforcer who had ticketed me, who confirmed my story. He agreed as to the path I had walked along the water line and confirmed that he had not seen me anywhere near the actual bird nesting site. The prosecutor then offered to show my photographic evidence to Judge Cahill and to suggest dismissal. I raised some of the legal issues and he said that I could take my chances with a trial. I said, no, thank you and let him do his thing. There was some whispering between the prosecutor and the Judge. I learned later that I should have been privy to the conversation and should have asked to be included. My hearing is not great, but I did hear some of it. Judge Cahill seemed very surprised by the photos…saying things like…“she was all the way over here…and the nests are way over there...this is really low tide…where is that fence…it really is FAR from the water…” She seemed to think a ticket was undeserved. Then she ruled. I was offered a 6-month “probation.” If I do not violate any dog ordinances on the beaches for six months, then the (continued on page 24)

Dan's Papers June 11, 2010  

Dan's Papers, the 51-year-old bible of the Hamptons, is owned by Manhattan Media, a multi-media publishing company based in New York City,...

Dan's Papers June 11, 2010  

Dan's Papers, the 51-year-old bible of the Hamptons, is owned by Manhattan Media, a multi-media publishing company based in New York City,...

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