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A quiet Dawn Beach in front of The Westin St. Maarten Dawn Beach Resort and Spa.

DAWN BEACH--Two very specific complaints against The Westin St. Maarten Dawn Beach Resort and Spa concerning the alleged blocking of public access to Dawn Beach in front of and near the resort have been received by The Daily Herald within just three days recently.

The accounts have been backed up by multiple stakeholders who have heard of or experienced similar situations. Resort management could not be reached for comment on Monday or Tuesday.

Both accounts describe harassment by overly confrontational security guards who are confining beachgoers to a smaller area than before. One account by a resident couple also describes a security guard physically removing their umbrella from the sand. The other account by a long-time visitor to the island described a security guard forcing him out and then forcing other beachgoers to remove their towels which were spread near some of the beach chairs. The beachgoers are convinced they have rights and are questioning how the staff can take the authority to remove them from the area, especially in light of the Head of Security allegedly flashing documents that support this to one of them. For them and other stakeholders, the question has simply become, “What is allowed and what not?”  Other stakeholders include multiple Dawn Beach residents who confirm the security guards’ attitude, as well neighbouring hotel General Manager Emil Lee who, when asked by this newspaper, confirmed that some of his guests had complained about the situation.

Property removed In the case where the personal property reportedly was physically removed, the resident called the police, but eventually left after waiting for more than two hours for police to arrive. The officers reportedly had been held up with a car accident.

“When the confrontation became heated, the head of security came out and showed us a Department of Economic Affairs directive dated 2010 that they interpreted as giving them the right to prohibit the public from sitting on the beach above 14 metres from the high water line,” the resident said. “Since the directive allows them to offer chair and refreshment services to the hotel guests on the beach down to 14 metres from the water, they believe this gives them the right to limit the public to the lower 14 metres and no higher.”

The couple said they had been told at the police station later that “if hotel staff physically removes our umbrellas they can be arrested” and that they could use the umbrella as long as they were on white sand.The same resident said that for three years now, security guards had approached them for every visit to the beach and told them that they could not place their “own chairs and umbrella anywhere on the beach within the perimeters of their property, which leaves almost no beach at all to sit on. We always refuse to move and security continues to harass us, refusing to allow us to quietly enjoy the beach.”

‘Bizarre’ The second account by the long-time visitor to the island was submitted as a letter and featured in the Opinion section of this newspaper’s January 27 edition headlined “Dawn Beach continued abuse.” It described a situation of being “hassled for half an hour and finally moving to an ‘approved’ site.”

“We watched in amazement as two people with a UK accent were effectively ejected from the beach by two security guards. Their crime was leaving towels spread in front of some chairs, while dozens of chairs were spread along almost the entire beach, all empty. The UK visitors were 100 yards away from the nearest Westin guest. “Then one security person began shouting and dancing about as if some major crime was taking place. It was a bizarre scene. … In our experience it was an unprecedented event in St. Maarten or anywhere else.”

 Documents Various Governmental authorities have been unavailable for comment during the extensive National Budget Debate.

Questions have been submitted through the Council of Ministers Press Secretariat for Prime Minister/Spatial Planning and Environment Minister Marcel Gumbs regarding the in-the-works Beach Access Ordinance, and to Economic Affairs Minister Claret Connor regarding any relevant permits that may grant certain rights, but the Press Secretariat said answers realistically should be expected only after the debate ends.Other representatives of these ministries either could not be reached or did not have time to comment, also on account of the debate.