Recent news confirms the people want the Frederiksted Pier open to recreation. The V.I. Port Authority says no. Why? The question has been pending for years without a sufficient explanation.
VIPA’s purported reasons include liability risks — the cancel button for fun everywhere. However, the Legislature has the power to neutralize the liability. I suggested this as fair trade for public access to the pier in a nostalgic love letter published here in 2024.
We have a statute limiting liability for private property owners who allow public use of their land, 32 V.I.C. 25a. Some minor repackaging of that section could limit the government’s and VIPA’s pier liability however the Legislature sees fit.
VIPA now cites another challenge, the code of federal regulations — specifically, 33 CFR 105. That part deals with port security, an important and demanding mission. But the regulations are flexible. Part 105 contains a waiver provision, which states:
“Any facility owner or operator may apply for a waiver of any requirement of this part that the facility owner or operator considers unnecessary in light of the nature or operating conditions of the facility.”
Part 105 also provides that a facility operator “may designate an area within the facility as a public access area” open to all people, not just ship passengers and crew.
The Frederiksted Pier is historically an open public space with relatively infrequent ship traffic. VIPA has failed to articulate a good reason why access must be restricted forever at the expense of residents and shore-based visitors. VIPA should consider a creative waiver application and a “public use area” designation, tied to the ship schedule, to conform with the will of the local people. We can have a port that is both secure and open to public use.
Perhaps VIPA has thoroughly reviewed these options. However, if VIPA did, that fact was not evident in recent news reports about a VIPA community meeting held Tuesday. In that meeting, which concerned Frederiksted improvement plans, attendees reportedly wanted to talk about public access to the pier, but not so much about enhancing the experience for cruise-ship passengers. VIPA officials’ statements did not reflect any effort to restore public use by regulatory exception or otherwise. Instead, VIPA authorities simply say the old days of pier strolling, fishing, and swimming are over.
VIPA’s outlook should not end the discussion. The regulations appear to leave open doors. If VIPA has found public access unworkable after a diligent review of all options, it owes the people a detailed report. If the review is incomplete in any respect, they should call me and I will give them some pro bono hours.
— Ryan Stutzman is an attorney on St. Croix.
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