A state appeals court has revived a legal challenge to a Seaside Heights ordinance that banned adults under 21 from renting hotel and motel rooms during prom and graduation season.
The three-court panel on Monday ruled that the trial judge who dismissed the challenge should take another look at whether the ordinance violates the state constitution’s promise of equal protection and due process. The ordinance presents “constitutionally significant burdens on the rights of would-be motel guests,” the ruling says.
Ezra Rosenberg, director of appellate advocacy for the American Civil Liberties Union of New Jersey, called the ruling a win for young adults, saying the Seaside Heights ordinance “explicitly discriminates” against them for more than 10 weeks each year.
“We’re pleased that the Appellate Division agreed with our argument that the trial court should consider whether the ordinance violates the state constitution’s equal protection guarantees. Now, it’s up to the borough to demonstrate that it can justify such harsh restrictions. Instead of discriminating based on age, the better solution is to enforce existing laws specifically designed to deal with those committing unlawful acts,” he said in a statement.
Seaside Heights, a popular post-prom spot for high school seniors, passed the ordinance in August 2023, with borough officials saying unsupervised minors have for decades flooded the town for parties, causing vandalism, underage drinking, and disorderly conduct. The ordinance bars anyone under 21 from renting a room in the borough between April 15 and June 30, unless they’re staying with a family member or guardian who is 21 or older.
A group of motels, including Sun Property Management, which operates the Sunrise Motel, sued the town shortly after its passage, arguing the ordinance violates the state’s Civil Rights Act and the Law Against Discrimination and is impermissibly vague.
The trial court judge sided with the town’s motion to dismiss on all counts. Monday’s decision agreed in large part with the lower-court decision but said more facts are needed to determine the validity of the equal protection and due process claims.
“On remand, the trial court should allow reasonable discovery — in its discretion — into the effect of the Ordinance on the innocent conduct of would-be motel customers and the public need for the restriction with respect to preventing rowdy or nuisance-like behavior,” the ruling says.
The judges pointed to prior cases striking down local restrictions on Jersey Shore rentals, noting that a municipality “should not overburden innocent persons based on the potential disorderly or nuisance-like behavior of others.”
