Parks commissioner Amy Billings said private classes have begun to worry the parks department because they allow businesses to profit off the space.
Jeana Shepard

Oak Bluffs Gets Worked Up About For-Profit Workouts

Yoga in the park. Boot camp by the bandstand. At a select board meeting, Oak Bluffs park commissioner Amy Billings described an overabundance of businesses in public parks.

Yoga in the park. Boot camp by the bandstand. Concerts on the harbor.

“The parks commission is at our wits end about what to do about all the boot camps, yoga classes, exercise classes,” said park commissioner Amy Billings at a lengthy meeting of the select board Tuesday.

Ms. Billings described an overabundance of private businesses that have begun hosting paid classes in public parks and on town property, including Ocean Park, Waban Park, Niantic Park and downtown beaches.

The classes have become more frequent and increasingly more disruptive, she said, beginning as early as 5 or 6 a.m. and often including music, as well as other exercise equipment.

Ms. Billings said the private classes have begun to worry the parks department because they allow businesses to profit off the space as well as limiting general public uses. She asked the select board to consider steps to minimize and even prohibit the classes.

“They’re basically private trainers who are profiting off the parks, and the beaches and the town property. As far as we know, there’s no business licenses that I know of for any of them,” Ms. Billings said.

A verdant seaside town with a long history of public parks encircling gingerbread cottages in its own emerald necklace, Oak Bluffs has bylaws that preserve the uses of its public space, and specifically public parks.

Town officials said the issue of private classes in the public parks has increased this past year due to the pandemic.
Tm Johnson
Town officials said the issue of private classes in the public parks has increased this past year due to the pandemic.
Tm Johnson

Section C in Chapter 28 of the town’s general bylaws stipulates “no commercial activity including, without limitation, signs, notices, advertisement, concessions, or soliciting/selling of goods, services, or articles.”

A subsequent subsection of the bylaw does stipulate that special use permits for events may allow certain prohibited park uses, including soliciting and selling goods or services. But Ms. Billings said an overwhelming number of event applications have begun to inundate the parks department.

“We are trying to control the permitted events that are happening every year . . . I don’t want to get bombarded with applications now to have businesses run on the parks,” she said.

Although private classes and parties have previously been held in the parks, Ms. Billings said the issue has gotten worse this year partly because of the pandemic and social media advertising.

Select board members echoed the concerns. Board member Gail Barmakian said the classes were beginning to be disruptive. “You allow one or you allow two, and it’s open season,” she said. “It does prevent the general public from using what is supposed to be open to them.”

Jason Balboni urged a plan for enforcement.

Board members agreed to work with the parks department and police to begin issuing warnings to business owners and limit the classes. Police chief Erik Blake urged a friendly approach.

“Let’s approach them beforehand, I don’t think a police officer showing up at seven o’clock in the morning, kicking 30 people off the beach is the right approach for the police department,” the chief said.

Later in the meeting, a series of request for smaller events on town property triggered lengthy discussion.

A request from the Urban Farming Foundation to play amplified music at their third annual barbecue in Waban Alley Park in August saw support, while a request for a one-day beer and wine license for a private catered event on Inkwell Beach was tabled.

“I think we’re going down a slippery slope here, and I’m not against having a party, but . . . we’re just opening up a can of worms, and we can’t, I don’t think be allowing this type of private party on a public beach,” said Ms. Barmakian.

The most extended discussion centered on a request for a series of 11 mini-concerts on Wednesday nights on the Oak Bluffs harbor. The concerts would be limited to 100 people and held from late June through early September in the parking lot of the Island Queen ferry.

The sponsors are Henry Wallace, Kathleen Cowley and Sofie Green. Noise, crowd control and underaged drinking were all concerns.

In the end the board settled on preliminary approval for a one-time concert on June 30, pending a more detailed plan from the applicant. The board will meet again Monday for possible final approval.

Comments

Submitted by Anonymous (not verified) on Fri, 06/25/2021 - 02:08

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John Aldeborgh Edgartown

Whoever said it’s a slippery slope hit the nail on the head. The park department doesn’t want to be inundated with requests but is complaining that too many people are using the park for Yoga. These types of activities are a big reason people come to the island and there’s apparently a demand for Yoga classes the town isn’t funding or fulfilling so the private sector fills the void…..as usual. All the participants are tax payers and members of the public, why can’t they pay an instructor to help them do something with like minded people that they enjoy and improves their health and well-being? So who gets to sit in judgment as to if Yoga in a public park is acceptable? These small businesses are just people, they all file tax returns and are simply trying to survive while providing a service people obviously want. Given most of us are both overweight and not very fit it would seem the town should be encouraging people to participate rather than worrying about if it should be allowed or regulated. Honestly, focus on how to enable this kind of activity rather than how to limit it.

Bob OB

The Parks Commission and the Select Board is supposed to "sit in judgement" of these types of issues. There are by-laws that govern the use of public spaces, and this is not a permitted usage. This has been ignored for a while now, but the question is out in the open and needs to be addressed. There are many fitness businesses on the island that provide these types of services, including several yoga studios. These businesses incur all of the usual overhead, including rent on the spaces they occupy and the costs of insurance coverage. I can understand why someone would want to simply set up shop on the beach for free, as they would certainly be enjoying a cost advantage when competing against other island businesses. But that's not what parks are for. Why should a business be granted exclusive use of a public space? Who is on the hook if someone is injured while attending one of these events? Does the operator have any insurance at all, and if it does is the town a named insured? What right would the public have to use a park if a commercial entity is charging others to use it? If the town allows this, would the business be allowed to chase you off the beach if you don't pay a fee? Even if they are not charging a fee, are they advertising it as an add-on service in order to attract business? There is a huge difference between the Polar Bears gathering informally to enjoy a public space and a business entity using the space for commercial purposes.

Down Islander

There is a difference between doing your own yoga thing and a person charging money for an activity that he or she organizes on public space.
Obvious question: What if other members of the public happen to want to use that public space?
Nothing stops people from doing yoga. The town is not obligated to provide every activity that a member of the public wants to engage in. The town provides the space. But private fitness businesses and classes using up public space? No. That quickly becomes a nuisance to the rest of the public.

Submitted by Anonymous (not verified) on Fri, 06/25/2021 - 07:04

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James Kozak Vineyard Haven

I have an idea! Let's prohibit the citizens from using THEIR parks for organized exercise and fitness, which has the benefit of lowering that other epidemic, obesity.
With haste, we must prohibit such beneficial activities.

Submitted by Anonymous (not verified) on Fri, 06/25/2021 - 11:53

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Rena Vine Oak Bluffs

I think some kind of guideline could be created - no music (headphones can be used), a group under 10, meeting for no more than an hour. That's akin to a group that might informally meet up for coffee and gather in a park to do so. I used to think that the group that did yoga on the paybeach was free since it was in a public area and thought it was neat - and then realized it's a class with a payment that's expected from those who participate. Alas, not quite as neat....

Carol formerly Chilmark

This is a sensible comment; reasonable restrictions like these (especially the headphones!!) are what's needed.

Submitted by Anonymous (not verified) on Fri, 06/25/2021 - 12:19

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Carl Oak Bluffs

There's a big difference between local residents doing yoga in the park, or enjoying a beach, and a commercial entity advertising, charging a fee, and blocking off a part of the park or beach for their event. The former is what these spaces are for - free enjoyment for all. The latter is not - an exclusive event.

There's nothing wrong with private enterprise, and these event sponsors are meeting a need in the community. But they should be doing it on either private property that they have arranged for, or gotten a permit and paid the town for the exclusive use of the public space.

The parks department has it right - these events should be few and far between. Let the parks be passive and open for all. Let these businesses conduct their operations on private property (and hopefully quietly at 5am).

The solution is not to send in the police, but to encourage all to share and enjoy.

Time for me to practice yoga on the public beach.

Submitted by Anonymous (not verified) on Fri, 06/25/2021 - 12:32

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Elizabeth Oak Bluffs

No one is saying don't exercise, what is being said is that the parks are being taken over by private, for profit businesses - which is not why they exist. I know a woman who comes from off Island every day and holds a large class, gets paid multiples of what she would get in Falmouth, where she could not do this. Parks are for everyone - they are not small business enterprise zones.

Submitted by Anonymous (not verified) on Sun, 06/27/2021 - 12:17

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Bob Ob

This is stupid,that’s why we pay taxes,THe park is the peoples park,wits end my back -side,do your job and grow up

Submitted by Anonymous (not verified) on Mon, 06/28/2021 - 11:21

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Dee Marshall Hamden

I do hope the Polar Bears will continue their early morning water aerobics because it’s free and there is plenty of space in the water ! Everyone is welcome and believe me it’s a diverse and international group everyday ! Caroline , makes sure everyone is welcomed with open arms on this historic section of the Public Town Beach -

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