In Nikiski, life's finally a beach

In a court ruling this week, public access to a Cook Inlet beach via Nikishka Beach Road was ordered to be restored. It's been a long time in coming, but we hope that the decision is so thorough as to leave little room for any further denial of the public's rights of access.

We applaud the court's decision, and we'd encourage Offshore Systems Kenai to forego any further attempts through the court system to block public access to a public resource.

The dispute over access goes back to 2007, when OSK erected a gate and security checkpoint on Nikishka Beach Road to comply with provisions of the Marine Transportation Security Act of 2002. People wishing to access the beach were required to show identification and have "a good reason to be there."

However, many at the time believed that OSK was assuming authority it did not have, as public rights of way all the way to the beach are well documented and, in fact, have been in use for generations.

Judge Anna Moran's ruling reaffirms the public's right to access the beach, and reminds OSK that it knew of the rights of way when it purchased the land from the borough.

Indeed, it seems the process worked backward in this case. OSK, or any private entity, for that matter, should have to hold public hearings, and file suit if necessary, to block traditional public rights of way. Instead, the public, in this case the state of Alaska, was forced to file suit to protect the rights of the people.

OSK officials have claimed that the company was simply following mandates of the federal government.

Judge Moran's ruling serves as a strong reminder that the rights of the people must be considered -- and not trampled upon -- before any restrictions are enforced.