FAQs: What is Trump on The Ocean?

Jones BeachTrump on the Ocean will be a 70,000-square-foot luxurious high end catering hall and restaurant that will serve as a beautiful addition to the shoreline on Jones Beach creating new jobs and spur economic progress on Long Island. Trump on the Ocean will be a catalyst for more investment in our state parks and be representative of how we can revitalize the land and facilities we cherish through public-private partnerships… The project is a chance to provide Long Island a symbol it can be proud of.  Trump on the Ocean stands to serve as both a memento of the past and a symbol of our future.  Drawing it’s inspiration from the Boardwalk Café, torn down in 2004, which was designed by Robert Moses, Trump on the Ocean is going to show New York and the rest of the world that Long Island is still a world-class destination point.

Trump on the Ocean will serve the average beach attendee with reasonably priced snacks and also boast the catering capability for beautiful weddings on the ocean and other major events. It could expect to gross $1.5 billion over the course of the 40-year lease. The beach currently lacks any upscale dining options that would not only revitalize Jones Beach but also serve the influx of people that frequent Nikon at Jones Beach Theater. Additionally, 85% of revenue is expected to come from the catering hall. As it will be the only structure of its kind along the shore, Trump on the Ocean would attract widespread interest for weddings and special events. When completed, Trump on the Ocean will be crucial in cultivating the growth of Long Island both economically and socially. The restaurant will benefit Long Islanders from all walks of life.  It will provide tax revenue to the state, economic incentive to the developers, and a much-needed beautiful restaurant for the people who visit Long Island.

Who is involved in the project?

  • State Parks
  • Trump on the Ocean
  • New York State Department of State

Why can’t it be done?

Jones Beach Boardwalk RestaurantFollowing the destruction of the Boardwalk Café, State Park launched what they thought would be a fight to obtain a desired piece of land. State Parks received a single bid on the land due to the unattractive nature and potential risks of the deal. Trump on the Ocean bid on the property even though it was only a forty-year lease and they would have to make a profit of $600,000 per year to just recoup the investment of $25 million dollars and break even on the deal. After investing millions of dollars in architectural plans, dozens of edits of the plans based on the requirements of State Parks, all sides agreed to the building plans for Trump on the Ocean and the lease was signed. Five years and millions of dollars later, Trump on the Ocean is nothing more than a hole in the ground because as Judge Warshawsky states in his opinion ruling in favor of Trump, “ Parks must have had a change of heart” as to going forward with the deal.

Trump on the Ocean has yet to be constructed due to persisting opposition, manipulation, and unnecessary delay by State Parks resulting in the inability for Trump on the Ocean to receive the necessary building permits. After finally agreeing and signing the lease, State Parks had a change of heart and decided they didn’t want the project to go forward. This launched State Park’s relentless efforts to place never-ending barriers in the way of Trump on the Ocean from being built. State Parks clearly has an agenda against this private development, which is showcased through their continuing opposition through the unwarranted claims against Trump on the Ocean. State Parks unjustly allowed Trump on the Ocean and private developers to invest and put in millions of dollars into this project that they were never going to let happen.

State Parks alleged reason for the denial of the building permit by State Parks is because of the attack on the 26,710 ft. basement for failure to comply with ASCE 24 because the project is in a flood management zone. They only brought up this objection after the lease was signed and the plans were approved. This is just another tactic State Parks is using to prevent construction of Trump on the Ocean for they had already approved and signed the building plans. State Parks has been harassing the private developers involved in Trump on the Ocean finding illegitimate technicalities to stall the project and which spurred all of the litigation. ASCE 24 is a standard adopted by the Federal Emergency Management Agency (FEMA) which was intended to protect residential homeowners as Judge Warshawsky stated in his opinion and not meant to govern such a project. State Parks has used ASCE 24 as an excuse to prevent the project from going forward and to not approve the building permit. State Parks is making it impossible to construct the building by insisting on this inapplicable standard, even though the basement was contained and approved in the original building plan and even apart of the original 1936 structure.

State Parks is taking every opportunity to assure that the Jones Beach project does not commence; yet they have the unmitigated gall to ask for back rent from the time the lease was signed. Of course Trump had to sue and win to stop State parks from collecting rent on a project that they have willfully prevented from moving forward. State Parks has prevented the creation of a $24,000,000 capital improvement on State Parks land, at no cost to the taxpayers, and in effect is denying the coffers of the State the share of the gross proceeds of the facility to which the lease entitles them. This is the clearest example of government and politics at its worst and we can’t sit back and watch it happen. The actions of State Parks is as bad as it gets and they must be prevented from continuing on at the expense of the 300 construction jobs and 500 permanent jobs Trump on the Ocean will create and $660 million dollar impact it will have on the local community.

Who is paying for it?

  • The project is estimated to cost around $26 million dollars at no expense to the taxpayers. Construction of Trump on the Ocean is funded completely by the private sector and will only serve to promote economic growth within our communities.

Will this create jobs and for who?

  • The project will create 300 construction jobs and 500 permanent jobs over two years as well as provide $60 million in impact to our local economy during the construction phase and over $600 million over the life of the lease.

What needs to be done so the project can start?

  • The Commissioner of NYS Department of Parks must immediately issue the building permits and construction must start immediately.

What is the date of the rally?

  • August 31 @ 11:00 am

What is the purpose of this rally?

  • Press Conference will be used to raise awareness of the economic growth that is needed on Long Island. Concerned Nassau County Residents, civic organizations, and elected officials from all jurisdictions and political parties will band together to advocate for the immediate construction of the long-stalled Trump on the Ocean at Jones Beach. The rally will educate the public on how the state is actually causing itself financial harm by holding up the project and as a result, there has been no revenue or taxes collected for almost 6 years. Factor that revenue in with the hundreds of jobs it will create, the $200,000 a year in rent, and anticipated sales tax revenues; the question really becomes how much longer we can afford to not build this restaurant.

Will Donald Trump attend the rally?

  • Donald Trump is schedule to speak and meet supporters of the construction of Trump on the Ocean at the rally.

Unfounded Assertions

  • The failure of State Parks to approve the application for Trump on the Ocean is not an issue of whether a restaurant should exist; rather it is an unfounded generalized opposition to the project. All The Trump Organization is looking to do is build a restaurant where one had already existed and was permitted in 1936.
  • This is not Trump Tower on the beach; rather it is a beautiful tasteful design in keeping with the Robert Moses vision of Jones Beach

Analysis of Court Decision:

Trump on the Ocean entered into a contract with State Parks for the lease of property at Jones Beach for the construction of a new restaurant and catering facility. The facility would replace the original 1936, structure and its 1964 replacement. The lease was approved and a contract was executed for a 40-year term. Even though the contract stated that construction was to be completed not later than 36 months after the inception of the lease, June 14, 2010, compliance of such terms have been made impossible.

In order to receive the necessary building permit, Trump on the Ocean was required to show that the basement, which was part of the original 1936 structure, complied with ASCE 24. ASCE 24 is a standard adopted by the Federal Emergency Management Agency (FEMA) aimed at residential frame construction in flood hazard areas, thus requiring an application for a variance to place a kitchen at that level. Even though State Parks had the capacity to issue a variance on its own, they deferred the matter to New York State Department of State. The Board exhibited a general opposition to the project and denied the variance application demanding the removal of the basement from the plans. Trump on the Ocean challenged the legitimacy of this determination and the Court concluded by an order dated October 21, 2008 that it was without a rational basis and “contrary to the uncontradicted evidence on the record.” Since this time, the construction of Trump on the Ocean has been unduly stalled, as they have still not been approved for a variance or a building permit.

Due to the hold placed on Trump on the Ocean, they have invoked a portion of the lease excusing them from performance on the lease, specifically the payment of rent, maintaining performance bonds, and the 36-month requirement of completion of the project. In response to this, State Parks has demanded payment and seeks to declare a breach of the lease. The Court concluded, in their decision given August 14, 2009, that State Park has taken every opportunity to run out the clock until June 14, 2010, when they will declare Trump on the Ocean in default and cancel the contract. The Court ruled that the foregoing events is “without fault and beyond reasonable control” of Trump on the Ocean and therefore the payment of rent was and is permanently excused during any period of delay resulting from State Park. Further, the Court decided that Trump on the Ocean does not have to maintain performance bonds until a building permit is issued to complete the project and that State Parks is denied from declaring a breach of the lease.

The Next Stall Tactic

State Parks now is stating that Trump is four years into the lease and now in essence the lease period would be 36 years as opposed to a full 40 years from the time the permits are granted. The pressure that would put on a private developer would make it impossible to go forward.


For more information, please contact David Schwartz at Gotham Government Relations and Communications at 516-880-8170 and


Thanks for visiting! Why not connect with us?

There are many ways to connect with us and receive updates on this important issue concerning Long Island's future. We'll be publishing to all these places, so keep you're eye out for new developments and if you have any questions at all, please drop us an email. Thanks, Long Island! Have our feed sent to your email:

No comments yet.

Leave a Reply