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Middlebury officials cite liability as barrier to open-water swimming from MRA beach
Summary
Board members told residents the town's insurer will not cover open-water swimming launched from the town-owned Middlebury Recreation Area beach; the town attorney said waivers and flotation devices are not acceptable fixes. Selectmen asked Parks & Recreation to consult DEEP and First Selectwoman Mahr will investigate insurance options.
First Selectwoman Jennifer A. Mahr told residents at the July 6 Board of Selectmen meeting that the town’s insurance would not cover open-water swimming launched from the Middlebury Recreation Area (MRA) beach, a position Town Attorney Barbara M. Schellenberg confirmed.
The topic drew a string of public comments during the board’s newly moved public-comment period. In an email read into the record, resident Jill Walsh wrote, “There has to be a way to allow open water swimming while still protecting the town from liability.” Dozens of residents and recreational users then described the MRA’s long history of supervised activity and urged the board to find a way to allow beach-launched open swim.
Mahr said research so far indicates a “real liability issue” tied to the fact the MRA beach is town‑owned. Schellenberg told the board that the town’s insurer has declined coverage for open swim from the beach and that waivers and flotation devices “are not acceptable resolutions.” Selectman J. Paul Vance and Selectman Brian Shaban requested that Parks & Recreation and its commission consult the state DEEP (Department of Energy and Environmental Protection) for guidance; Mahr said she would investigate whether a specific open‑swim insurance product exists and what it would require.
Residents suggested alternatives including designated swim zones, separation of swimmer and boater areas, and the use of visible strobe-equipped flotation buoys. Joe Bernardi (Department of Public Works) noted that improved visibility technology exists for swimmers. Tony Battaglia, speaking as a boater, said he feared swimmers could be hard to see and asked whether the town could be liable if a collision occurred.
No formal policy change or vote occurred; the board moved to executive session later in the meeting on an unrelated legal matter. The board is scheduled to meet again July 20, 2026, when Mahr said she will report back on the town’s research into liability and insurance options.
