New N.J. Laws Crack Down on Boardwalk Brawling; Seaside Heights Plans Strict Enforcement

Altercations posted to social media during the 2023 Memorial Day weekend in Seaside Heights, N.J. (Source: Instagram/TikTok)

After initially vetoing an anti-brawling bill due to concerns over the prohibition of masks, Gov. Phil Murphy has signed a revised version into law. A separate, local ordinance that subjects the parents of juveniles participating in public disturbances to financial penalties has also been put into place in Seaside Heights, modeled after a state-authorized ordinance enacted by Margate, Atlantic County, last year.

Inciting or promoting a brawl is now a fourth-degree crime, carrying a potential penalty of up to 18 months in prison and a $10,000 fine. Masks are still prohibited if they are used by a person involved in a public brawl to “instill fear, hinder prosecution, or avoid apprehension,” though exceptions have been added to the law since its initial passage that provides relief to those who are wearing a mask for a legitimate health or safety concern.

Notably, those who “organize, provoke, or encourage large scale fights, whether in person or through digital platforms” will be subject to prosecution. Seaside Heights officials have said many of the mob-style fracases seen over Memorial Day weekend were promoted on social media platforms. Some were fraudulent, having been posted by accounts simply to generate likes and engagement, while others were the product of amateur DJs and party promoters from urban areas seeking to make a profit from unpermitted events.

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The borough, on several occasions, has obtained injunctions against social media account holders to stop them from promoting such events.

“What we saw over Memorial Day weekend was dangerous, disruptive, and unacceptable,” said Assembly Dan Hutchison (D-Atlantic, Camden, Gloucester). “This law makes it clear that if you incite a public brawl, you will be held accountable. We need to give law enforcement the tools to stop this kind of chaos before someone gets seriously hurt, or worse.”

“Right now, we have the tool to apprehend and imprison [violators],” Vaz said.

The local ordinance holds parents responsible for juveniles who participate in disorderly gatherings. Enforcement of the borough code for juveniles will, going forward, involve their parents, who will be issued summonses carrying fines of $1,000 for nuisance-type behavior and disturbances they cause. It also prohibits those under 18 from being unaccompanied by an adult on public streets, beaches or boardwalks between 10 p.m. and 5 a.m., with a number of exceptions for employment and constitutionally-protected activities.

“We will enforce it,” Vaz said. “Parents have to have consequences for their children’s behavior.”

If both a juvenile and the juvenile’s parent or guardian violate the provisions of the local ordinance, they will both be required to perform up to 90 days of community service together.