Ocean Beach village residents have been closely watching what has become a competitive mayoral and trustee election. However, a surprise came out of left field when the Village Court Justice race heated up in recent weeks, bringing both candidates into a Riverhead courtroom and reopening a perennial question about election law and residents’ legitimacy in the history of this incorporated village on Fire Island.
William D. Wexler worked his way up the ranks of the Ocean Beach Village Justice Court system since his days as an assistant district attorney in the 1980s. He was elected to the position of Village Court Justice over 20 years ago.
Anyone who has spent time in his courtroom knows he loves his job. He counsels young offenders on the transgressions that brought them before his bench—be it littering, nighttime riding a bicycle without a light, or bad behavior resulting from intoxication after patronizing one of the many bars downtown. He seems genuine in his hopes that the incident can be a teachable moment, so they might own their mistakes and do better.
Ali Marin-Mitchell is also a seasoned attorney. She is a fourth-generation Fire Islander who maintains the Ocean Beach home bequeathed to her, as many legacy families are disappearing from Ocean Beach amid the village’s development in the name of progress. She and her husband also have a home in Atlanta, Georgia, where they spend most of the year.
In Wexler v. Mitchell, Judge Wexler sought to disqualify Mitchell as a candidate, arguing that she was not a resident under Election Law § 5-104(22).
“Wexler contends that Mitchell is not a resident of Ocean Beach and therefore cannot serve as Village Justice. He asks the Court to rule that to be a residence for Election Law purposes and to qualify for the office of Village Justice, Mitchell’s Ocean Beach residence must also be her sole ‘domicile,’” reads an excerpt of the May 14 ruling written by New York State Supreme Court Justice James. F. Matthews. “In particular, Wexler highlights the fact that Mitchell’s dwelling/residence in Georgia receives a Homestead tax exemption, which is only available to persons who claim the dwelling as their principal residence and domicile.”
The court document reflects that Mitchell did not deny that her Georgia property has been receiving this homestead tax exemption.
Nevertheless, Matthews ruled to dismiss the case.
“The evidence relied upon by the petitioner relates to what may have been the case in the past. However, the question before the Court is whether respondent Mitchell currently maintains a valid residence at her Ocean Beach address for election law purposes …Mitchell established that she is a resident of Ocean Beach for Election Law purposes, and is eligible to vote and assume the position of Village Justice.”
“I’m more upset about what I think was a faulty judicial decision,” said Wexler in a telephone interview with FIN. “If I have to run, fine, we’ll run, let the voters decide. That’s our democracy.”
Wexler raises some compelling points:
“I do this job 12 months a year. I get called all winter to come over for arraignments to sign arrest warrants, search warrants. How do you live in Georgia and do the job?” he asked.
Wexler further added that “Georgia’s law is more stringent” than similar tax laws in New York’s related residency exemptions. One has to swear and acknowledge that it is one’s permanent residence and domicile in order to qualify for the homestead exemption.
“I am grateful that the Suffolk County Supreme Court dismissed the petition challenging my residency and allowed my name to remain on the ballot,” Mitchell wrote in a text message. “I believed from the beginning that the facts and the law clearly supported my eligibility to run for office in Ocean Beach.”
In a follow-up telephone conversation, Mitchell confirmed that she was prepared to forgo the Georgia homestead tax exemption in order to affirm her Ocean Beach residency—and that she was fully prepared to go to hold court in person year-round.
“Everyone should show up in court,” Mitchell said affirmatively.
“Have you asked [Wexler] about the fact that he doesn’t own a home on Fire Island?” she then added after a brief pause.
A different question about residency.
The precedent of elected village officials renting or having other lodging arrangements for which they reside in Ocean Beach exists.
Mitchell then mentioned that he is being considered for ballot placement as a New York Supreme Court Justice in the November mid-term election. Should Wexler be elevated to that high judicial role, then his stepping away from the Ocean Beach Village Justice Court would be inevitable.
On an interesting footnote, 28 years ago, Mitchell’s father, the late Jon Marin, filed a suit challenging the registrations of over 100 voters on the Ocean Beach voting rolls, which questioned the legitimacy of their declared place of residence. That case, too, was heard by the New York State Supreme Court, but it did not prevail. However, that ruling may have helped aid the outcome in Mitchell’s favor last week.
On June 5, the decision will ultimately rest with the voters of Ocean Beach.
