Wayne Tweaks Fees For New Rec Center, After Resident Notes Possible Constitutional Issue

WAYNE, NJ — Wayne officials approved the price structure that will go into effect once the township takes over operations of the YMCA building, after a slight edit to address a possible legal issue.

When the membership fees were originally introduced, senior citizens fell into two different pricing categories — with discounted rates for those aged 62 and up, and a deeper discount for seniors 65 and up who have insurance that supplements Medicare.

But longtime Wayne resident Jim Freeswick, who is a retired attorney, pointed out that this separation in pricing could run afoul of the Equal Protection Clause under the 14th Amendment. He had emailed Mayor Chris Vergano twice before the last Township Council meeting to say this delineation could be unconstitutional.

Under the Equal Protection Clause, a government body cannot make pass laws or take official actions that gives different treatment to citizens who are in similar circumstances, unless there is a valid reason to do so. In other words, if challenged in court, Wayne Township would have to prove there is a legitimate governmental interest for separating seniors into two groups based on their insurance coverage.

"I think this is bad policy, and I also think it's unconstitutional," Freeswick told council members during the most recent meeting on Sept. 18. "I just don't see why seniors who don't have supplemental insurance should be charged 2.9 times higher amount for fees for a standard membership, and 3.27 times higher fees for a premium membership, than seniors who happen to have insurance."

After Freeswick's emails to officials, the township legal team looked into the issue and made changes to the proposed fees, so all residents 62 and over will have the same pricing structure for memberships and daily passes (which you can see below).

Council member Jonathan Ettman thanked Freeswick for "raising a very important constitutional issue" that has now been corrected.

When Will Fees Change, And What Will They Be?

The estimated date that the township will take over the building is Nov. 1. The new community hub, referred to as the Wayne Recreation Center in township documents, will be managed by the township’s Department of Parks and Recreation. In late August, the Township Council approved a bond measure that will fund the $12.2 million purchase.

The fee structure includes rates for residents and non-residents, and offers two membership tiers – with the proposed cost of standard memberships coming in lower than those that the Y currently offers.

Both monthly and annual memberships are available, and people who live outside the township may become members or buy daily passes at a higher cost than Wayne residents.

There will also be two membership levels, a Standard tier and a Premium tier. Both offer access to the fitness center, swimming pool and gymnasium (during public hours), squash courts, and locker rooms, and discounted rates on participating youth programs, adult programs, and camps.

A Premium Membership also includes access to most adult exercise classes and some youth exercise classes, at no additional cost – and free access to “certain programs and events at the Recreation Center.”

Here’s a list of some of the proposed fees at the Wayne Recreation Center:

Standard Memberships

Resident (monthly/annually)

• Youth (Ages 2-13): $10/$110
• Student: (Ages 14-17, added on last month): $25 monthly
• Adult (Ages 15-61): $39/$429
• Senior (Ages 62+): $29/$319
• Family: $79/$869

Non-resident (monthly/annually)

• Youth (Ages 2-14): $15/$165
• Adult (Ages 15-61): $59/$649
• Senior (Ages 62+):$44/$484
• Family: $109/$1,199

Premium Memberships

Resident (monthly/annually)

• Youth (Ages 2-14): $25/$275
• Adult (Ages 15-61): $59/$649
• Senior (Ages 62+): $49/$539
• Family: $99/$1,089

Non-resident (monthly/annually)

• Youth (Ages 2-14): $30/$330
• Adult (Ages 15-61): $79/$869
• Senior (Ages 62+): $64/$704
• Family: $129/$1,419

Daily Membership Pass (limited to 5 per person, per year)

• Resident: $15
• Non-resident: $20

Group Exercise Classes (non-aquatic adult exercise classes)

• Premium members: No charge
• Standard members: $8
• Non-members: $12

Swim Lessons (per class)

• Premium members: $8
• Standard members: $12
• Non-members: $16

Facility Rentals (per hour)

For Wayne Public Schools

• Pool Rental: 125
• Gymnasium Rental: No fee
• Exercise Studio Rental: No fee
• Classroom Rental: No fee
• Theater Rental: 250

For government, non-profit, and religious organizations

• Pool Rental: $225
• Gymnasium Rental: $100
• Exercise Studio Rental: $75
• Classroom Rental: $50
• Theater Rental: $300

For residents

• Pool Rental: $225
• Gymnasium Rental: $100
• Exercise Studio Rental: $75
• Classroom Rental: $50
• Theater Rental: $300

For non-residents and for-profit organizations

• Pool Rental: $325
• Gymnasium Rental: $150
• Exercise Studio Rental: $100
• Classroom Rental: $75
• Theater Rental: $400

Related article — See Proposed Fees At New Recreation Center, When Wayne Takes Over YMCA