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Middlebury leaders say town insurance won’t cover open-water swimming from MRA; board to seek DEEP guidance
Summary
After several residents urged the Board of Selectmen to allow open-water swimming from the Middlebury Recreational Area, town leaders said the municipality’s insurer will not cover launches from the MRA beach. The board asked Parks & Recreation to consult DEEP and will investigate insurance options.
First Selectwoman Jennifer A. Mahr told the Board of Selectmen on July 6 that the town’s insurance carrier has said it cannot insure open-water swimming launched from the Middlebury Recreational Area (MRA). The statement followed a series of public comments urging the board to allow shore-based open-water swims on Lake Quassy.
Mahr said the town’s preliminary research shows a “real liability issue” for swims launched from the town-owned beach and that floatation devices and liability waivers are not acceptable workarounds, a point Town Attorney Barbara M. Schellenberg confirmed to the board: the insurer would not extend coverage and waivers would not resolve the town’s exposure.
Residents who spoke during public comment said open-water swimming is a long-standing safety-minded practice for many who use the MRA. “The MRA has always been run well; safety was never an issue,” a resident told the board, and several speakers noted that swimmers typically use buddy systems and safety buoys. Others said the beach and staff at the MRA are part of why they choose Middlebury as a home.
Other public commenters, including local boaters, flagged safety concerns about interactions between swimmers and craft. Tony Battaglia, who identified himself as a boater, said it is difficult for boat operators to see swimmers from a distance even when swimmers use flotation devices and asked whether the town could be liable if a boater struck a swimmer.
Board of Finance Chairman Vincent Cipriano suggested designating specific areas for open-water swimming set apart from boating lanes. Selectman J. Paul Vance asked Parks & Recreation and the Parks & Recreation Commission to contact the Connecticut Department of Energy and Environmental Protection (DEEP) for guidance; Selectman Brian Shaban agreed that DEEP should be consulted.
Mahr said she will investigate whether an open-swim insurance product exists and will look at how private clubs manage similar activity, but emphasized that private-club practice does not change municipal exposure. No formal policy change or vote was recorded at the meeting; the board’s next step is to consult DEEP and return with options.
The board entered executive session at 5:42 p.m. later in the meeting for an unrelated legal update and adjourned at 5:55 p.m.
