A Westerly property owner making a legal challenge against Rhode Island’s new shoreline access law has been charged with repeatedly vandalizing a beach right-of-way sign near his home.
Police say David M. Roth, who owns a $10.8 million property in Watch Hill with his wife but resides in West Hartford, Conn., spray-painted a beach access sign four times since May.
Chief Paul Gingerella said Roth, 76, was arrested Aug. 29 after an officer spotted him at night near the newly-replaced sign and witnessed Roth throw a can of Rust-Oleum spray paint into nearby bushes.
“We’re assuming he was going to get ready to do it again,” Gingerella said by phone.
Roth was transported to the station, processed and charged on four counts of misdemeanor vandalism, Gingerella said.
Gingerella said the department had replaced the sign after it was spray-painted on May 3, Aug. 9, Aug. 11, and Aug. 15 because of the extent of the damage. Eventually, the department had to elevate the sign and protect it with plexiglass. Roth’s police report values a single right-of-way sign at $200.
“How many times can we keep replacing the thing?” Gingerella said. “It cost us time to go do it – cost money, obviously, to replace the sign.”
The punishment for vandalism in Rhode Island is up to a $1,000 fine and/or imprisonment not to exceed one year. Anyone convicted of a first offense must perform up to 100 hours of community service. A second or subsequent conviction carries up to 200 hours of community service.
Court records show Roth was arraigned on Friday. He pleaded not guilty on all counts and was released on $4,000 personal recognizance. A pretrial conference has been scheduled for Sept. 27.
When reached by phone, Roth’s attorney, Peter DiBiase, did not provide comment beyond the information contained in the court record.
“Here’s the elaboration: he’s pled not guilty,” DiBiase said. “His position is that he’s not guilty.”
Last year, Roth and his wife filed a lawsuit against the state of Rhode Island, arguing the new shoreline access law allowing the public to be on the beach up to 10 feet beyond the seaweed line was an unconstitutional taking of private property and enacted in violation of the state’s separation of powers doctrine.
In July, a Superior Court judge denied the Rhode Island Attorney General’s motion to dismiss the case and said she agreed with the plaintiff’s argument. The judge, Sarah Taft-Carter, did not prevent the state from enforcing the law.
Roth’s beachfront property on Niantic Avenue borders a town-designated right-of-way at Everett Avenue, where the sign was vandalized. His attorney in the shoreline access case, Gerald Petros, did not respond to an email Monday asking if Roth contests the legitimacy of the designated right-of-way to the beach.
Roth previously came before the Westerly Town Council in 2017 to speak against the proposed addition of beach drop-off points in Watch Hill. Roth said the area already had a problem with drinking, traffic, trash and fighting dogs, and approving the proposal would make the situation worse.
“To be a little mean-spirited, I suppose: if you’re really concerned about access to the beach, maybe you should take the town of Westerly beach and not limit it to taxpayers of Westerly,” Roth told the town council. “Open it to everybody. What’s good for the goose is good for the gander.”
