Rockport neighbors sue town over scuba diving ‘nuisance’

ROCKPORT, Mass. — The underwater attraction that draws scuba divers to scenic Back Beach in Rockport is making waves with some neighbors who live along the waterfront location.

A lawsuit filed in U.S. District Court by the Back Beach Neighbors Committee against the town is asking a federal judge to get involved.

The complaint describes scuba diving as an on-going nuisance that is affecting residents’ quality of life.

It includes allegations of scuba divers, “Undressing in the street, blocking driveways and streets, clanging air tanks, making noise outside of civilized hours, intruding upon the neighbors’ property and privacy.”

According to the complaint, “The town has opted to encourage diving at this location unlike any other beach in the town.”

“It was blown up, in my opinion, where we’re the enemy,” said scuba instructor Mike Merriman with Mass Diving. “I think there is exaggeration going on. The beaches are used by paddleboarders, kayaks, scuba divers and swimmers. Seemingly divers are being singled out.”

Mike Merriman has been a scuba instructor for 20 years and teaches classes at a number of locations, including Back Beach.

He said claims in the suit that neighbors have seen divers “engaging in actual public nudity” are hard to believe.

“There’s loose definitions of what dressing and undressing is. I’ve never heard a report of anyone exposing themselves at the beach other than being in a bathing suit,” said Merriman.

Rockport neighbors sue town over scuba diving 'nuisance' The underwater attraction that draws scuba divers to scenic Back Beach in Rockport is making waves with some neighbors who live along the waterfront location.

Merriman said he always follows the rules including getting a permit for classes, which is required in Rockport.

“I and every instructor I know are very careful in training new divers to be cognizant of the fact that people live here and you want to respectful,” said Merriman.

Neighbors who filed the complaint claim the town is staffed with people who want to make money from the diving schools and are trying to increase diver access to the beach.

“The town is solicitous of divers as a whole. Two of the members of the town’s harbor advisory committee are divers,” the complaint alleges.

“The Board of Selectmen and the police have gotten involved and tried to play Solomon to split the baby, to get the two sides to work together,” said Robert Visnick, who serves as the town moderator. “I think it’s in everyone’s best interest to get this resolved.”

A town spokesperson said the town of Rockport has not yet been formally served with the suit and declined to offer an official comment.

Cox Media Group