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Companies should be sued for preventing access to beaches – Sam Henry

Commentator Julio Sam Henry has encouraged persons who have experienced or are experiencing difficulty in accessing beaches at Biras Creek or Oil Nut Bay to document their encounters with management as supporting evidence to proceed with legal action against the entities if necessary. Photo: sybarites
Henry said many companies do not like to be associated with anything negative or have their name called in racist or discrimination cases and would therefore do whatever it takes to ensure that they remain within the boundaries of the law. Photo: VINO/File
Henry said many companies do not like to be associated with anything negative or have their name called in racist or discrimination cases and would therefore do whatever it takes to ensure that they remain within the boundaries of the law. Photo: VINO/File
ROAD TOWN, Tortola, VI – Commentator Julio Sam Henry has encouraged persons who have experienced or are experiencing difficulty in accessing beaches at Biras Creek or Oil Nut Bay to document their encounters with management as supporting evidence to proceed with legal action against the entities if necessary.

On the Speak Your Mind show aired on September 7, 2013 the host cited a recent case where a judgment was returned against the Minister responsible for Labour indicating that more evidence was required to support a decision to deny a work permit extension for an employee of a company.

Similarly, he suggested, documented evidence should be produced for persons who felt they were being discriminated against in issues related to places such as Biras Creek and Oil Nut Bay.

“It’s coming to that point, whether you want to do it or not. If you feel you’re being treated badly, you’re being discriminated against, you’re being blocked from going into the beach… you’ve got cameras on your phone. Start documenting these things, stay within the law and document these things. When you’re done sue the crap out of these people,” Henry recommended.

Henry said many companies do not like to be associated with anything negative or have their name called in racist or discrimination cases and would therefore do whatever it takes to ensure that they remain within the boundaries of the law.

According to Henry, the laws which are relevant to the situation and were revamped in 2004 clearly outline that even with private development, there must be either landward or seaward access to any beach, “even if you ship in the 500,000 tonnes of sand to create that beach, it now becomes a public access beach,” he stated.

“If there is a problem getting to any place and you’re experiencing that problem, document the problem, put it on tape, have a good conversation. Stay within the law, don’t break the law, don’t get foolish, don’t get angry…” Henry said.

“If you’re the person who is the victim, have your co-worker put on their camera on their phone and tape the conversation, tape the situation. Get two or three of that and then go see your lawyer,” he advised, “don’t sit an keep complaining and complaining.”

He also advised that persons who felt they were being discriminated against at work should first ensure that they were themselves within the law and observing company rules and requirements in various instances. “When you document your situation you have a clear cut case,” he added.

“All of us feel a sense of discrimination and bias and we all have to react but we should react with our brains, not with our mouths and our hands and our guns and things like that,” Henry said.

14 Responses to “Companies should be sued for preventing access to beaches – Sam Henry”

  • bbc (09/09/2013, 08:14) Like (22) Dislike (0) Reply
    this madness of denying our rights must stop
  • rattie (09/09/2013, 08:21) Like (25) Dislike (0) Reply
    I agree 100% with Sam
  • yellow (09/09/2013, 09:32) Like (0) Dislike (0) Reply
    I won't say a word; not one single word!!!
  • son of the soil (09/09/2013, 09:46) Like (4) Dislike (2) Reply
    We should deport them instead.
  • Manifest Illegality (09/09/2013, 11:17) Like (6) Dislike (7) Reply
    Why we cannot drive the length of Trellis Bay like we used to? We sit back and let these people do what they want then fuss after the fact. Dont' we realize that the white community in the Virgin Islands segregate themselves from us brown people. Imaginr they come in a predominantly brown country and don't want to be amongst them Rabbit down.
    • Hmm (09/09/2013, 11:49) Like (0) Dislike (0) Reply
      what r u talking about (Why we cannot drive the length of Trellis Bay like we used to)
    • HowDareYou? (09/09/2013, 22:01) Like (5) Dislike (1) Reply
      What are you talking about 'the white community' all so and so.
      It's nothing to do with race, fool. It's to do with how people act, regardless of their skin.
      Don't start blaming whole sections of people and trying to start a race thing. Most whites here don't have power over who goes where, white or black. It's some hotel owners, some government ministers, some greedy local people – all just humans with red blood and in this case, bad attitudes towards the public.
      Damn race haters going to ruin this island with your false generalizations.
  • school children (09/09/2013, 11:27) Like (3) Dislike (0) Reply
    With NDP in some of these people thing that they could do as they please and discriminate again the locals
  • Village Girl (09/09/2013, 11:57) Like (1) Dislike (0) Reply
    out of order....lawless country the BVI ha become
  • dog (09/09/2013, 12:39) Like (5) Dislike (0) Reply
    their influence in getting a larger airport for their customers will only make things worse. the tail is wagging the dog.
    • pete (11/09/2013, 14:07) Like (1) Dislike (0) Reply
      I still believe that the airport has everything to do with making it easier for ONB residents to fly their private jets in. It is also helped by legislation that allows both registration of aircraft and their mortgages in BVI. Along with ship registration, BVI also has Mortgaging of Aircraft and Aircraft Engines Act and Regulations. It is public record. it's public record.
  • john public (09/09/2013, 13:44) Like (3) Dislike (0) Reply
    Sorry to bring forward this shockingly bad news, but a lot of these behaviors are done because when the people go to this government nothing will happen not a dam thing!!!
  • VG (13/09/2013, 11:16) Like (0) Dislike (0) Reply
    When a white Oil Nut Bay employee tells a white Virgin Gorda resident she can't use the bay, it's not racial discrimination, it's their attempt at total EXCLUSIVITY. They're trying to give themselves a private beach and so far getting away with it. Now if they want to build a private airport so that we don't have to pay for a runway for their private jets, that's fine with me.


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