Federal judge dismisses complaint against Quantico access policy

A federal judge has dismissed a Montclair woman’s complaint against the Department of the Navy regarding restrictions of access to the town of Quantico.

The plaintiff, Jennifer Nikolaisen, says she's likely to appeal the decision.

In 2022, Nikolaisen claimed the Navy Marine Corps Installation Commander's Interim Access Control Policy violated her First and Fifth Amendment rights by restricting access to the use of Fuller Road, which is the primary point of access to and from the town of Quantico, where Nikolaisen owns private property. 

Nikolaisen purchased two units on a lot in town in August 2021. She designated one of the units as a personal telework location and the other as a short-term rental property. 

Nikolaisen said she struggled to bring contractors and guests to her property due to the access policy. She claims they were told they needed to gain access through the Visitor Center during operating hours, where contract vehicles need to undergo inspections and anyone without a valid Department of Defense-issued ID card looking to gain access must fill out a form and show ID.

The plaintiff claimed the Interim Access Control Policy violated the Administrative Procedures Act due to the failure to publish it as proposed rulemaking activity in the Federal Register. She sought relief for loss-of-use damages totaling $5,528.39 for three specific instances where she says she was denied access to her property.

In late March, the Department of Navy Department filed a motion to dismiss the claim. The Department of the Navy stated that Nikolaisen’s complaint for a civil case should be dismissed for two reasons -- the first being that the court does not have subject matter jurisdiction over Nikolaisen’s claim. The claim, the Navy stated, falls subject to the Federal Tort Claims Act’s discretionary function exception for the Marine Commander of the Marine Corps Base Quantico to provide access to an installation for individuals traveling to the town of Quantico.

The second claim for dismissal argued Nikolaisen had not stated a plausible claim for relief under Virginia law and had not established that she experienced a peculiar injury separate and apart from the rest of the community.

Judge Leonie Brinkema dismissed Nikolaisen's claim on April 26. Nikolaisen has 60 days to appeal the decision, which she told InsideNoVa she plans to do.

"The Marine Corps Base Commander had the authority to create the Interim Access Policy, set the terms by which escorted, unescorted and trusted traveler access would be granted to travelers to the town of Quantico, Virginia, and is not required to admit each non-resident traveling to Quantico, Virginia," a filing from the defendant stated.

It continued, "Plaintiff's argument that travelers do not 'access' the installation when they travel on Fuller Road is factually incorrect ... While such a traveler's access to the installation may not necessarily permit access to other portions of Base Quantico, there is no doubt that the traveler enters, and thereby accesses, the military installation. This is consistent with the understanding of an easement, which conveys the right to use but not to the right to own the underlying land."

Quantico Mayor Kevin Brown has been an advocate for the creation of more than one way in and out of the town. On Feb. 10, the town of Quantico’s Facebook page posted a photo of a train stopped on the tracks blocking Potomac Avenue and thus the entrance to the town.

In late March, Potomac Local News reported that Brown requested Quantico Marine Corps Base officials open a gate on Broadway Street in order to allow emergency personnel to better access the town. His request was denied.

Nikolaisen has documented the process of filing the claims on a Facebook page dedicated to the cause called “Right to Access Town of Quantico."

"I think that this has at least opened some people's eyes," Nikolaisen said. "From what I'm told by a business owner that I spoke with, there's a lot of people in the town that are actually scared to say anything. So, they might not be happy with the procedures, but they don't say anything because they don't know what repercussions would come if they were to speak up or if they were to take action."