Sussex County adopts insurance requirement for Newton Green after public objections

The Sussex County Board of Commissioners on June 11 adopted a package of resolutions (A through W) that includes a new use agreement for Newton Green requiring event organizers to carry commercial liability insurance, commonly described in the meeting as $1 million to $2 million coverage. The board approved the package by roll call vote (Director Carney, Commissioner DeGroot, Commissioner Hayden, Commissioner Henderson and Deputy Director Space all voted yes).

Residents who spoke during the public comment period urged the board to reconsider, saying the insurance requirements and associated administrative steps would make it harder for small groups and community organizations to use the county’s historic square. "The free speech of Sussex County residents will be chilled," said Cori Loyola of Branchville, adding that many community groups could not afford "$1 to $2,000,000 insurance policies." Pamela Drei of Stillwater said the green has "always been a symbol of unity" and asked the board to include waivers so small groups without financial resources could continue to assemble.

County counsel, speaking during the commissioners’ discussion, said the county modeled the use agreement and insurance language on similar requirements used by municipalities and other counties. Counsel described the draft as "narrowly tailored" and "content neutral," saying it requires users to comply with laws, leave the site in the condition it was found and provide liability insurance. Counsel told the board that $1 million–$2 million limits are routine in nearby counties and that a certificate or endorsement usually costs about $200. Counsel also said some counties (for example, Hunterdon) require additional riders for events with children but omitted that here because of cost concerns.

Commissioner Henderson said the requirement is meant to "protect 150,000 taxpayers in this county from a potential lawsuit" and to limit county liability if incidents occur on the green. Several other commenters warned the board that the requirement could effectively bar low-budget or grassroots demonstrations and that restricting access would raise constitutional concerns. One commenter, Cathy Brennan of Hampton Township, said she feared longstanding community events would no longer be affordable on the green.

The commissioners moved to adopt resolutions A through W as a block; the motion was seconded and carried on a unanimous roll call. Director Carney, Commissioner DeGroot, Commissioner Hayden, Commissioner Henderson and Deputy Director Space each recorded "Yes." The record does not show a separate roll call solely for Resolution W; the use agreement was included in the omnibus adoption.

The board also tabled approval of the minutes for the regular meetings of May 14 and May 28 after some commissioners said they had only just received the draft minutes and wanted more time to review them.

What the resolution requires and next steps: the adopted use agreement sets insurance limits the board described at the meeting as $1 million to $2 million and requires users to certify compliance with local, state and federal laws and to restore grounds after use. County counsel said the requirement is consistent with legal standards that permit content-neutral time, place and manner regulations when they are narrowly tailored. The resolution takes effect as part of the adopted package; the transcript does not specify an effective date or administrative steps for enforcement or for the process to request waivers. The board did not adopt an explicit waiver formula during the meeting.

The public discussion and the board’s comments make clear that implementation and any exemptions or administrative fees will be matters to watch in future meetings, as residents pressed the commissioners for clearer guidance on how small volunteer groups could meet the requirement without prohibitive cost.