An Edgartown mooring holder has filed a lawsuit against the town, alleging a town official retaliated against him by barring access to the town’s only water taxi service.
An Edgartown mooring holder has filed a lawsuit against the town, alleging a town official retaliated against him by barring access to the town’s only water taxi service.
Paul Mellen, a 25-year mooring holder in town, filed the suit in U.S. District Court in Boston in November seeking nearly $10 million in damages. He alleges that water taxi general manager Ryan Bottary enforced a retaliatory ban on the service while also in his role as the town’s deputy harbor master.
The issue began in 2022, when Mr. Mellen said he was pushed into the harbor by launch captain Kris Edwards and a year later was banned from using Oldport Marine Services, the company contracted with the town to bring people to and from their boats.
Mr. Edwards was put on pretrial probation and given a court-ordered stay away order from Mr. Mellen until April 2024, according to court records.
The lawsuit said Mr. Bottary rehired Mr. Edwards at the water taxi in July 2023. Mr. Mellen said when he protested the action, Oldport banned him from their services the following day.
In an interview with the Gazette, Mr. Mellen said the ban caused him to have severe anxiety and the enforcement by a town official was an egregious conflict of interest.
Mr. Mellen, 68, said Oldport’s water taxi is the only way for mooring holders to get to town without using a dinghy, which can be difficult for someone his age. Mr. Mellen is known around town for driving a yacht with a pink inflatable flamingo strapped to the roof.
Mr. Mellen said he and his family were forced to purchase and use dinghies moving forward and it created anxiety especially when the weather was rough. He added that the dock where people park their dinghies is overcrowded during the summer and a hazard for someone his age needing to step over them.
“That creates a safety issue for someone like myself who is older…” Mr. Mellen said. “That’s why I had the launch service.”
The town has an ordinance that prohibits people leaving their dinghies on the dock for more than 24 hours. Mr. Mellen said the ordinance created an issue when he would park his dinghy in the harbor so he could go to the mainland for overnight visits. To comply with the ordinance, Mr. Mellen said he used Oldport’s taxi services.
“I thought, three years have passed, I’m just going to take it,” he said.
Mr. Edwards also died the prior year and Mr. Mellen said he didn’t think there would be an issue.
On August 1, Mr. Mellen planned to go home in Duxbury for a week-long visit and hailed the launch service but it never showed. Mr. Mellen said he notified by launch captain Michael Hathaway that said he couldn’t take him to shore because the ban was still in effect.
Mr. Mellen told the Gazette he responded asking why the ban was still in effect and did not get a response. Mr. Mellen said Mr. Hathaway told him later that Mr. Bottary, while on duty as deputy harbor master, instructed him to ignore Mr. Mellen’s hails and deny him service.
“This action, orchestrated by a municipal law enforcement official, is a deliberate misuse of public office to enforce a private entity’s retaliatory ban causing [Mr. Mellen] severe distress, humiliation and anxiety, and nearly causing him to miss his ferry,” the suit said.
Edgartown town administrator James Hagerty declined to comment on the suit but said the town hired Clifford & Kenny LLP for outside counsel. The suit is ongoing and an initial hearing hasn’t been set.
Mr. Mellen also filed a separate suit against Oldport Marine Services, Inc. in August over the alleged retaliation.
Mr. Mellen said he’s been visiting the Island for 35 years and it has been his sanctuary. He said he didn’t want to sue the town for that reason, and asked the town for a settlement before taking the issue to court. Mr. Mellen said his request was denied by town counsel.
“I never wanted to follow the lawsuit, but I wanted justice,” he said. “It could’ve been done if the town wanted to follow-up with me but it did not.”
Editor's note: this article was updated information about the town's dinghy ordinance and the amount that Mr. Mellen is claiming in damages.
Comments
So if I understand this
Ted WTSo if I understand this correctly, the deputy harbormaster of Edgartown is also the general manager of a private company which has a monopoly in Edgartown Harbor. Further, the town is issuing an ordnance that makes using the monopoly launch service even more necessary by not allowing for dinghy storage.
Before we even get to Mr Mellon’s lawsuit, that is a massive conflict of interest.
The idea that a town official, on duty or not, is banning a resident from using the only allowed launch service is outrageous.
I’m still sorting out how I
Murray HarveyI’m still sorting out how I feel about this, and I suspect a lot of Island readers are too. It’s one of those situations where the details matter more than first impressions.
This is one of those stories where it’s easy to react emotionally, but it really deserves a closer look at the facts. What matters here isn’t personalities or dockside history, but whether public authority was used in a way it shouldn’t have been in a town harbor. The key issue is whether a town official was acting privately or in an official role when instructions were allegedly given to deny launch service. On the Vineyard, where contractors and town roles often overlap, that distinction matters.
The court will be looking for actual evidence — radio logs, texts, emails, or testimony — showing whether launch captains were told to ignore a mooring holder’s hails. Timing also matters. When a ban follows closely on the heels of a complaint, it naturally raises questions. So does whether the ban was part of a general policy or something applied to one person.
Context matters here too. If a single launch service is effectively the only realistic way for many mooring holders, especially older residents, to get ashore safely, denial of service isn’t just an inconvenience. During the height of summer, it can be a real safety issue.
Hiring outside counsel doesn’t mean the town did anything wrong. In federal cases like this, it’s a standard step to keep things independent and avoid conflicts. In the end, the best outcome for everyone is a clear, transparent process that shows where private business decisions end and public authority begins.
Disgraceful conduct.
MikeD WTDisgraceful conduct.
The islanders think they can treat their golden goose anyway they want.
I hope he wins his suit against all named.
How about a little respect for the folks that support the island.
Shameful.
Unless Mr. Mellen violated
Of Merit EdgUnless Mr. Mellen violated Maritime statute with regards to old Port service it’s highly suspect that a private water taxi has the right to decide who they choose to serve as a contractor to the town of Edgartown and further under the jurisdiction of the Edgartown harbor master. This lawsuit would go away if old port would just give the guy a ride lol
This entire situations is the
One Week a Year at Oak Bluffs MarinaThis entire situations is the epitome of "1St world problems" for all involved.
The town doesn't need to
Shane West TisburyThe town doesn't need to provide a launch service, many harbors do not. Therefore he has not right to the service. The world is not your playground.
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