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Man In Wheelchair Says Tobay Beach Turnstiles Inhibit Access To Restrooms

TOBAY BEACH, N.Y. (CBSNewYork) -- A disabled man on Long Island says he's upset that he's not able to get to the restrooms and concession stands like most people at Tobay Beach.

As CBS2's Jennifer McLogan reported, Tobay Beach is adjacent to a bucolic bicycle path along the ocean from Wantagh to the town of Oyster Bay Beach.

But race rider Peter Hawkins of Malverne is paralyzed from the waist down, WCBS 880's Sophia Hall reported. He said he sits in front of the turnstile at Tobay Beach and gets upset that he cannot get to the concession stands and restrooms without calling for help.

"It's just such a slap in the face, you know?" said Hawkins. "You go on this beautiful path – you know, eight and a half miles, and when you come, it looks like you're going into Rikers Island."

Man In Wheelchair Says Tobay Beach Turnstiles Inhibit Access To Restrooms

Tobay is a coveted spot east of Jones Beach and west of Gilgo Beach.

Recently, fencing went up to protect resident beachgoers parking their cars or walking near concession stands from moving bicycles. Cyclists are advised to leave their bicycles in racks, and walk through turnstiles to gain entrance.

But Hawkins has no use of his legs, paralyzed from the waist down.

He said he can't get in "for the bathroom, for the concession stand, to just go on the other side and just be like everybody else."

A sign on the fence instructs the disabled to call a phone number during business hours for access. But as Hawkins showed McLogan, on Friday, the number went a pre-recorded menu from to the Town of Oyster Bay Beach.

Regardless Hawkins argued he should not have to be made to call for help.

"It's not just because you're in a wheelchair. Anybody with any kind of assistive device has trouble getting through there," he said. "I've worked very hard to be 100 percent independent, and I've traveled all over the world. But I come to Tobay, and boom, you can't get through there."

Oyster Bay Town Parks Commissioner Frank Nocerino emphasized that the original issue was danger from the cyclists.

"When the bicycles were coming through, the safety of the people was in danger, and that was the reason why we had to put up the gate and the turnstiles and tried to cover everything," Nocerino said. "We're going to try and accommodate the ADA."

The Americans with Disabilities Act prohibits discrimination based on disability.

When asked what solution he'd like to see for the locked gate and turnstile, Hawkins said, "I would just like to see the whole thing gone."

Among solutions, according to the parks commissioner, are to replace the padlock with a combination lock and provide the code to disabled residents.

The town said the fence also keeps out non-residents who do not pay for beach rights.

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