The Independent — Judge tosses policy limiting voters in Bonnet Shores FD

Feb 5, 2022

By Ryan Blessing — NARRAGANSETT — A Superior Court judge this week ruled against a Bonnet Shores Fire District policy that prevents residents who own less than $400 of property in the district from voting in its elections.

The 48-page ruling Jan. 27 by Judge Sarah Taft-Carter is a victory for seven district residents who sued in March 2020, alleging the district charter’s provision limiting voting rights to residents who own property is unconstitutional.

That same policy allows thousands of non-resident beach cabana owners — including commercial businesses — to exercise the right.

Year-round resident Melissa Jenkins, who is not listed on the deed of the home where she lives, has argued she is disenfranchised. Six additional plaintiffs who own property in the district argued their votes are diluted because the charter allows non-resident property owners to vote.

Taft-Carter rejected the district’s argument that it exercised only “narrow” powers for a beach community.

She cited the district’s various taxing powers, provision of sanitation services, and enactment of ordinances governing activities such as parking, loitering and public drinking that included fines. The district, however, doesn’t provide firefighting services.

“The Court cannot conceive of any circumstances in which the BSFD could permissibly use the property ownership requirement to prevent otherwise qualified residents from voting in BSFD elections,” Taft-Carter wrote.

Such elections determine who will fill more than a dozen positions in the Bonnet Shores government, including a seven-member district council, a moderator and a clerk. As a non-owner resident, Jenkins could only observe last June’s election of officers. Out-of-state cabana owners, however, could cast a vote through proxy.

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