Thu, 22 May 2025 14:34:09 -0700 marlon from private IP, post #19851275 /all drowning death spurs legal battle over beach revenue, city immunity https://www.mlive.com/news/kalamazoo/2025/05/lake-michigan-drowning-death-spurs-legal-battle-over-beach-revenue-city-immunity.html Lake Michigan drowning death spurs legal battle over beach revenue, city immunity By Brad Devereaux | bdeverea@mlive.com SOUTH HAVEN, MI — Attorneys argued about how South Haven spends revenue generated from its beaches, urging judges to side with them in a tragic drowning case on whether the government can be held liable. The case was heard at the Michigan Court of Appeals on Wednesday, May 14, as part of a lawsuit spurred by the 2020 drowning death of Brandon Chambers, 18. DOJ suing Hochul, NY state over immigration policyDOJ suing Hochul, NY state over immigration policy Chambers died while swimming in Lake Michigan at a municipal-owned beach in South Haven. The city of South Haven appealed a lower court’s March 2024 decision that denied the city immunity. Government immunity refers to a legal protection that prevents a municipality from being sued. “This case rises out of yet another drowning,” said Attorney Ronald Lee Marienfeld, II, speaking for Chambers’ estate in the case against the city. There have been eight such deaths over the past five summers, he said. Yellow flags, meant to signal caution, were flying when Chambers and some of the others died, he said. Red flags are designed to close the beach because of unsafe conditions. Attorneys argued about beach-related revenue and how it’s used — a key part of deciding if the government has immunity in the case. The two attorneys disagreed about money being used for playground equipment at the beach, for example, and whether that was considered a proper expenditure. Attorney Michael Berger spoke to the judges on behalf of South Haven, arguing expenditures such as a playground are proper. Berger argued the flag system is unrelated to the issue before the court. “I ask that you just ignore that,” Berger said. Parking fees were instituted in 1992 to cover the expenses of running a lifeguard program, Marienfeld said. In 2001, the city “wiped out” the lifeguards, but kept the fees, he said. The city has “fought tooth and nail” against bringing lifeguards back, he said. “They don’t want to pay for lifeguards,” he said, claiming the city leaves the flags yellow to keep the beaches open and keep money flowing to vendors and parking. The issue doesn’t affect locals, he said, because most of them understand the dangers of rip currents and swimming in Lake Michigan. People coming from out of town are drowning, he said. “Nobody should have been in the water,” he said. “The only reason it was open was to make money.” The hearing lasted about 20 minutes as the attorneys presented their arguments to a panel of judges at the Michigan Court of Appeals in Grand Rapids. The judges will take the case under advisement for a future decision. Chambers’ death was an accident, his grandmother said at the time. She wanted to see more beach safety measures to prevent future tragedies, she told MLive in 2020. Chambers isn’t the only drowning victim whose death led to litigation against South Haven. Marienfeld is also the attorney representing the estate of Emily MacDonald and Kory Ernster, a young couple who died while swimming in South Haven in 2022. Government immunity is also being argued in that case. MORE: Judge denies city’s ‘government immunity’ claim in deaths of Lake Michigan swimmers Flags go up after tragedy According to the Great Lakes Surf Rescue Project Executive Director David Benjamin, another lawsuit happened after the Aug. 1, 2009, beach of Martin Jordan, 45, of St. Charles, Illinois. He drowned off South Haven’s south pier after rescuing his son, nephew and three nieces from strong currents. In August 2013, the city and the Michigan Municipal Risk Management Association agreed to pay $400,000 to the Jordan family. The settlement required the implementation of the South Haven Beach Safety program, or the “The Marty Jordan Plan,” including the beach flag warning system. The flag system has been poorly managed, Benjamin said, and several drownings have happened since the flags were put out. Thu, 22 May 2025 16:57:32 -0700 whiteguyinchina from private IP Reply #12246505 I knew a kid who drowned there, lake Michigan is very dangerous for swimming Funny how the city fired lifeguards but kept the parking feesReplies require login.
JDUnderground
71 users registered
Sign in | Register | Post width: chars
71 users registered
Sign in | Register | Post width: chars
Preview on Preview off |
Recently active users: 2tierreality Andy TribalBarConnection whiteguyinchina zerosugar +49 guests
Recently active users: 2tierreality Andy TribalBarConnection whiteguyinchina zerosugar +49 guests