NAC Update: CA - San Onofre State Beach

[DKirkpatrick]

************************************************** *********************
NATURIST ACTION COMMITTEE
UPDATE
************************************************** ********************
http://www.naturistaction.org
************************************************** *********************
Copyright 2008 by the Naturist Action Committee, which is responsible
for its content. Permission is granted for the posting, forwarding or
redistribution of this message, provided that it is reproduced in its
entirety and without alteration.

DATE : June 1, 2008
SUBJECT: California: San Onofre State Beach
TO : Naturists and other concerned citizens

Dear Naturist,

This is an Update from the Naturist Action Committee. NAC is making you aware of recent developments, favorable and unfavorable, that are part of a serious threat in the state of California.

A VERY BRIEF SUMMARY OF THE SITUATION

As detailed in the NAC Action Alert of May 21, 2008, Ruth Coleman, Director of California's Department of Parks and Recreation, has abruptly terminated the Department's application of the Cahill Policy to clothing-optional portions of San Onofre State Beach in San Diego County. The Cahill Policy has been used successfully for decades as a management tool for clothing-optional areas within California State Parks.

The specious justification being given by CA Parks for the selective revocation of Cahill at San Onofre State Beach is that doing so will eliminate illicit sexual activity that occurs primarily on an adjacent military beach. The recision of the Cahill Policy would pave the way for park rangers to issue citations for simple nudity on the State Beach under Title 14, Section 4322 of the California Code of Regulations.

For a more detailed history of the situation and specifics of the Cahill Policy, please refer to the NAC Action Alert of May 21. You will find it on NAC's Web page: www.naturistaction.org Look under "ALERTS."


NAC THANKS YOU FOR WHAT YOU'VE BEEN DOING!!

In its NAC Action Alert of May 21, the Naturist Action Committee asked for your specific action in sending correspondence to CA Parks Director Ruth Coleman, opposing the revocation of the Cahill Policy at San Onofre. Your response has been overwhelming. Thank you!

Many hundreds of you have copied NAC on your correspondence. The quality and thoughtfulness of what you've written is gratifying. And the volume has been impressive. Director Coleman's office in Sacramento reports a significantly "increased work load" as a direct result of your letters, faxes and e-mails.

IMPORTANT: CONTINUE CONTACTING THE CA PARKS DIRECTOR

If you have not yet contacted the CA Parks Director, it's not too late. We won't repeat the full details here, but you can find information on contacting the Director (and suggestions for what to say) in the NAC Action Alert of May 21, 2008. You will find the Alert on NAC's Web page: www.naturistaction.org. Look under "ALERTS."


WHAT HAS NAC BEEN DOING?

The Naturist Action Committee took swift action at the onset of this situation and is continuing that action.

1) NAC has submitted to CA Parks a formal request for an
administrative stay on implementation of this abrupt change
in policy.

2) NAC has made multiple Public Records requests for documents
pertaining to this situation and the administrative action
surrounding it.

3) NAC has retained a specialized lobbyist to assist and advise
in the area of regulatory procedure.

4) NAC has retained an attorney specifically for this matter
and has begun the process that will ultimately result in
civil action against the State of California and the
Department of Parks and Recreation.

5) NAC continues working closely with Friends of San Onofre
Beach, the local user group. Together, NAC and FOSOB
staged a rally at the beach on May 24. Together, NAC
and FOSOB met face-to-face with CA Parks officials on
May 29.


WHAT HAPPENS NEXT?

Rangers had been told to begin "educating" beachgoers, starting June 1. The initiation of that exercise has been delayed by the insignificant period of a day. The issuing of citations for nudity in the traditional clothing-optional area was initially set to follow after 30 days. Now, CA Parks has delayed that action to commence after Labor Day.

Of course, neither of these is a meaningful or acceptable response to the concerns of naturists.


WHAT IS NAC ASKING YOU TO DO?

1) Stay informed. NAC will continue to issue Action Alerts,
Advisories and Updates on this issue as circumstances
require. Look for them.

2) If you haven't already done so, write to the Director of
the California Department of Parks & Recreation.
It's not too late.

3) *THIS IS IMPORTANT!* Keep going to the beach at San Onofre,
and keep using it in the traditional clothing-optional
manner. CA Parks is attempting to intimidate beachgoers
into simply evaporating. We must NOT allow that to happen!

4) If you are approached by a ranger on the beach or in the
parking area, make a detailed note of the encounter,
including the date, the time, the ranger's name and what
was said. E-mail your account to:
sanonofre@naturistaction.org
Do not be combative or confrontational, but you may make
it quite clear that you are taking notes.


MORE INFORMATION AND RESOURCES

Additional information and links are available, along with this NAC Update on the web site of the Naturist Action Committee.

http://www.naturistaction.org

Select "Alerts" and find this NAC Update under Current Updates.


PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

NAC is committed to the defense of traditional clothing-optional use of public land. Not surprisingly, hiring lawyers and lobbyists is a very expensive part of such a necessary defense. NAC does not have a membership roster on which it can assess dues. NAC relies entirely on the voluntary support of people like YOU.

Won't you please send a generous donation to:

NAC
PO Box 132
Oshkosh, WI 54903

Or call toll free (800) 886-7230 (8AM-5PM weekdays) to donate by phone using your MasterCard, Visa or Discover Card. Or use your credit card to make a convenient online donation: http://www.naturistaction.org/donate/

Thank you for choosing to make a difference.

Naturally,

Allen Baylis
Board Member
Naturist Action Committee

---------------------------------------------------------------
Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton - execdir@naturistaction.org
Board Member Allen Baylis - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
---------------------------------------------------------------

[Naturist Mark]

I'd love to see a simultaneous program to educate the rangers. Perhaps a professionally prepared handout that beach goers can pass along to the rangers who are sent to educate them that describes the legal basis for the Cahill policy, the rights of Californians, the legal basis for traditional use, the respect that the beach goers have for the rangers and their interest in keeping the beach free of the misconduct that threatens the peaceful enjoyment of the public land by naturists. And perhaps a section on the wish to avoid litigation for misconduct under color of authority.

-Mark

[valley_nudies]

-Mark

that sounds like a great idea. but instead of educating rangers of our rights and the Cahill policy, something that they are required to know, it should just be to educate them about nudity and nudism since they complain of a sexualy charged atmosphere. and thats not why we nudist get nude. sounds like a project for the FOSOB.

[FireProf]

that sounds like a great idea. but instead of educating rangers of our rights and the Cahill policy, something that they are required to know, it should just be to educate them about nudity and nudism since they complain of a sexualy charged atmosphere. and thats not why we nudist get nude. sounds like a project for the FOSOB.


Believe me............FOSOB has had extensive talks with the rangers stationed at San O State Beach for years and years and years. Prior to Allen taking over Marianna Handler and the group had periodic meetings to make sure everything was still working out and if there were any problems. Allen has continued with those meetings, talking with rangers and lifeguards on the beach each time he's down there. Many of the rangers and lifeguards that have been there for years know the group quite well and know that those that are causing the problem are not the naturists.

Ya wanna know what the problem is!? It's good, law abiding naturists enjoying the day on the beach and witnessing a lewd act or overt sexual activity and turning their heads away and not saying anything.

You can't do this and expect to continue to enjoy a place like San O Beach without the threat of it being closed down. You've got to speak up and make people stop or leave. One of the last thingsI want to do when my wife and I visit San O for the day is be the "beach police" but we do it because the very last thing I want is to loose San O Beach because of some idiots.


Send those emails!!!!

[Sanslines]

I'd love to see a simultaneous program to educate the rangers. Perhaps a professionally prepared handout that beach goers can pass along to the rangers who are sent to educate them that describes the legal basis for the Cahill policy, the rights of Californians, the legal basis for traditional use, the respect that the beach goers have for the rangers and their interest in keeping the beach free of the misconduct that threatens the peaceful enjoyment of the public land by naturists. And perhaps a section on the wish to avoid litigation for misconduct under color of authority.

-Mark

Many of the rangers are fully aware and don't want to get involved in this mess. They will do what they are told to do because it is their job to do so and they most probably want to keep their jobs. However, many, if not most, who know exactly what goes on and does not go on at San Onofre know fully well that 99 percent are model beachgoers and cause absolutely no problems. I think that the nudists are finally being pushed to stand their ground and they should not stop pushing back until this beach (along with Black's) are designated legal nude beaches with legal rights and protections that are granted to those who enjoy nude sunbathing. Unless these beaches are designated legal beaches, there were always be periodic harrasment of beachgoers as the history San Onofre, Black's, and the Santa Barbara County beaches clearly show. Enough is enough!

[Sanslines]

Ya wanna know what the problem is!? It's good, law abiding naturists enjoying the day on the beach and witnessing a lewd act or overt sexual activity and turning their heads away and not saying anything.

You can't do this and expect to continue to enjoy a place like San O Beach without the threat of it being closed down. You've got to speak up and make people stop or leave. One of the last thingsI want to do when my wife and I visit San O for the day is be the "beach police" but we do it because the very last thing I want is to loose San O Beach because of some idiots.


Send those emails!!!!

I can relate to what you are saying because of my experiences at Black's Beach. The problem with Black's Beach is that some beachgoers have solicited the San Diego City council over the years to take up a vote and make Black's an official clothing optinal beach. This is the first step and yet the city council members will not even consider Black's for they fear retaliation by the 'moral majority' voters. Black's continues in legal limbo land as a 'dirty little secret' in that officially there is no mention of this beach being nudist when unofficially everyone knows about the beach. It is just another example of a different kind of 'don't ask and don't tell' policy. Is there ever a limit to hypocrisy!

[sdson]

As a San Diego resident and frequent visitor at Black's Beach I believe our assessment of the legal limbo of Black's Beach is correct. San Diego is a very conservative county.
If legalizing nudity on Black's Beach was put on the ballot it would most likely be defeated. That is why it is an unofficial clothing optional beach. It's probably best to leave it alone unless it is threatened again.

If memory serves me correctly, the last legal bout was around 1998 or 1999 when the city of San Diego prohibited nudity on their portion of the beach using the same "morality" argument. Once again the 'moral mojority' won. That's why the don't ask, don't tell policy is in place.

[missyd]

Maybe Governor Schwarzenegger should be getting the letters and e-mails in addition to his Park Director? He may be a little more politically sensative to the issue.

[Balloon_Artist]

Maybe Governor Schwarzenegger should be getting the letters and e-mails in addition to his Park Director? He may be a little more politically sensative to the issue.

Remember to include the growing numbers of people that have been to or is not upset by nude beaches. There is a newspaper poll (I forget which) that was put up about this O Beach thing. The numbers are staggeringly in nudist's favor.

[Sanslines]

If memory serves me correctly, the last legal bout was around 1998 or 1999 when the city of San Diego prohibited nudity on their portion of the beach using the same "morality" argument. Once again the 'moral mojority' won. That's why the don't ask, don't tell policy is in place.

One of the main reasons that we lost the south end of Black's Beach is because there was insufficient opposition. When the majority of nudists remain silent, as they did then, because they did not want to get involved, beaches are lost to nudism. The 'don't ask don't tell policy' is in place because too many nudists allow a minority of moralists to dictate to them what they can and can not do. Instead of using any and all means possible to get the truth and facts out (which is that Black's is a very mellow and problem free beach) we allow sensationalists to run front page stories about one isolated incident that tarnishes the reputation of the beach. How about we demand that facts and information about Mission Beach or Pacific Beaches also be presented. Suddenly, Black's Beach won't look so bad. The never ending story about Black's is that it is only a matter of time before someone gets bored and decides to look for trouble where none exists by again harassing the beachgoers with the law. This will NEVER stop unless Black's is designated a legal clothing optional beach!

[Sanslines]

San Diego is a very conservative county.


San Diego is a very hypocritical county in that on the surface there is this claim to 'moral righteousness' where everyone says the politically correct thing but just beneath this surface lies the actual truth and that truth is anything but conservative. San Diego has changed over the years and has become a county of 'proper images' for keeping up appearances is the most important aspect. A person does not have to look very far to understand this. Instead of acknowledging the enormous homeless problem in San Diego and errecting a 'tent city' in a section of Balboa Park to house them, the enormous homeless problem is officially denied as the homeless are run off and chased away by the police. Everyone knows that the homeless and La Jolla are not consistent with each other so the 'unofficial policy' is to harass the homeless until they move on and disappear. It's the same thing with Black's Beach. Black's Beach is not in keeping with a 'moral' city so best to deny and ignore the beach rather then admit and resolve the problem.

[Dail17]

I'd love to see a simultaneous program to educate the rangers. Perhaps a professionally prepared handout that beach goers can pass along to the rangers who are sent to educate them that describes the legal basis for the Cahill policy, the rights of Californians, the legal basis for traditional use, the respect that the beach goers have for the rangers and their interest in keeping the beach free of the misconduct that threatens the peaceful enjoyment of the public land by naturists. And perhaps a section on the wish to avoid litigation for misconduct under color of authority.

-Mark

Ha- that's pretty funny :D

[NakedGary]

Friday, May 30, 2008
State about to crack down on San Onofre nude beach

Trail 6 at San Onofre State Beach has been ‘clothing-optional’ for decades; ONLINE POLL

By LAYLAN CONNELLY and CINDY CARCAMO
The Orange County Register
Comments 90 (http://bartsystems.wordpress.com/wp-admin/#slComments)| Recommend (http://bartsystems.wordpress.com/recommendReview('OCRArticle2055843'))21

SAN ONOFRE STATE BEACH – Nicole Archuletta looked down at her naked body and shrugged.
“No tan lines,” said Archuletta, 25, sitting in a beach chair on the sand next to her husband, Kevin. “It’s just natural.”
On a recent weekday, Archuletta was just one of a handful of beach-goers who stripped down to nothing but sunglasses at Trail 6 at San Onofre State Beach, a small stretch of sand encased by 50-foot-tall, rocky cliffs, reachable by a short stroll down a curvy dirt path.
Trail 6 is a secluded area abutting Camp Pendleton property where beach–goers can let it all hang out – literally. The 1,000-foot beach, one of few “clothing-optional” beaches – with a lax approach to nudity, has been a safe haven for “naturists” for decades.
That might change in the next month, as the state sets out to crack down on nudity at the beach, in a move that has some longtime locals fuming and worrying about where they’ll go. State Parks will start an educational period Monday, warning beach-goers of the change, and start citing after Labor Day, officials said. They will not be asked to put their clothes on until enforcement starts.
State Parks spokesman Roy Stearns said the decision comes after an increase in complaints about the influx of people to the area in recent years. The number of people who go to San Onofre, in San Diego County, increased to about 2.5 million last year, from about 1.7 million people in 2000, officials said.
“It’s no longer one of those remote beaches that is out of sight and out of mind, that few people go to,” Stearns said.
Some in the naturist community, however, believe it could be the beginning of a trend to strip away other known clothing-optional areas under state jurisdiction.
“We have people who have been going there for more than 30 years,” said Allen Baylis, a Huntington Beach naturist and attorney who has frequented the beach since the ’70s. “This is like driving a stake through their heart. This is where they go to relax. This is their life.”
Stearns said some rangers who work at the beach have complained recently about being exposed to a “sexually charged” environment. The state needs to be mindful or may face lawsuits, he said.
Staff members also have complained about “trash such as used condoms, pornographic material and adult sex toys, which has to be cleaned up by our people,” Stearns said.
In the past five years, officials have handed out 83 citations for lewd behavior and 35 tickets for indecent exposure in the area, Stearns said. A 35-year-old man was arrested late last year on suspicion of molesting a 12-year-old in the area, Stearns said.
Baylis, director of Naturist Action Committee and president of the Friends of San Onofre Beach, said naturists abide by strict guidelines and keep an eye out for lewd conduct. Labeling them as the ones engaging in sexual or illegal activity is unfair, he said.
“We absolutely stand up and oppose any kind of lewd activity on that beach or any other beach,” Baylis said. “We’ve always opposed allowing any sort of illicit activity. It’s probably the friendliest and cleanest beach you’ll find.”
The beach can draw hundreds of naked people on any given warm weekend. Beach-goers battle on the volleyball courts. Surfers take the waves without a wetsuit – weather permitting, of course. Some simply go there to tan, bare backside to the sky.
Stearns said the move in San Onofre is not part of a trend to crack down on “clothing-optional” areas within the State Parks system.
“It doesn’t mean they’ll be closed down, unless there are problems that have developed that force us to focus attention on it,” he said.
When Kevin Archuletta was asked whether enforcement would stop him from hanging out naked, he asked, “How much would the ticket be? If it cost $50, I’ll still come.”
Gary, who declined to give his last name, said he’s been going to another popular nude beach in San Diego called “Black’s” since the ’70s, but enjoys the smaller crowds and seclusion at Trail 6.
“People want to feel free,” he said, sitting naked with his legs crossed, sand covering his back. “We were born this way, weren’t we?”
He said he hopes state officials change their mind, but added that he knew this day would come.
“The Europeans are so much more mature about nudity,” he said. “I need to move to Australia or somewhere.”
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[NakedGary]

State of California want’s you covered on San Onofre nude beach (http://bartsystems.wordpress.com/2008/06/01/state-of-california-wants-you-covered-on-san-onofre-nude-beach/)


Saturday, May 31, 2008, 7:34:20 PM | deltasac

http://images.ocregister.com/newsimages/community/huntingtonbeach/2008/05/30_nudebeach4_medium.jpg (http://bartsystems.wordpress.com/void(x=open('/slideshow/beach-state-stearns-2055843-san-people?pos=0', 'slideShow', 'width=728,height=620,status=no,location=no,direct ory=no,scrollbars=no,resizable=yes', true)); x.focus();)

NOTHING BUT SHOES: A man from Los Angeles strolls along San Onofre State Beach wearing nothing but running shoes. The California Department of Parks and Recreation decision to step up enforcement against nudity in the area known as San Onofre Trail 6 area has many “naturists” angry.
LEONARD ORTIZ, THE ORANGE COUNTY REGISTER
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MAP

http://ocregister.com/newsimages/Graphics/2008/06/SanOnofreBeachNude.gif
Nudity and the law

Allen Baylis, an attorney, said the naturists have a right to be nude at Trail 6 because of the Cahill Policy, written in 1979. The rule states that “enforcement of nude sunbathing regulations within the state park system shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations.”
Roy Stearns, State Parks spokesman, said it is up to the state whether to rescind or invoke the Cahill Policy. He also said the naturists have to adhere to a code called “nudity prohibited,” which states that “no person shall appear nude while in any unit except in authorized areas set aside for that purpose by the department.”
And San Onfore – or any other state beach – has never set aside for that purpose, Stearns said.

Nudist beach etiquette

•Don’t go out of established nude areas or wander nude onto a clothed beach or parking lot.
•No overt sexual activity. Nude is not lewd.
•Do not photograph people without their permission. Hidden cameras are especially objectionable.
•Respect others’ privacy. Many are at the beach for quiet and relaxing time. Gawkers and pickup artists are not welcome.
Source: friendsofsanonofre.org

Related sites

BEACH BLOG: Find out what else is going on along OC’s coast (http://beach.freedomblogging.com/)
POLL: Do you think the nude beach should be shut down, or would you go there? (http://beach.freedomblogging.com/2008/05/30/state-cracks-down-on-san-onofre-nude-beach/)What is this? (http://bartsystems.wordpress.com/void(0);)
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[NakedGary]

Say hello to tan lines — San Onofre’s nude beach is about to be busted (http://bartsystems.wordpress.com/2008/06/01/say-hello-to-tan-lines-san-onofres-nude-beach-is-about-to-be-busted/)


Sunday, June 01, 2008, 1:24:06 AM | deltasac

L.A. Now (http://latimesblogs.latimes.com/lanow/)

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Southern California — This just in

3:11 PM, May 30, 2008


http://latimesblogs.latimes.com/lanow/images/2008/05/30/one_of_californias_first_nudists_2.jpg (http://latimesblogs.latimes.com/photos/uncategorized/2008/05/30/one_of_californias_first_nudists_2.jpg)



Clothing-optional for decades, the nude beach at San Onofre is about to get a visit from the (fully-dressed, we’re betting) law. The O.C. Register has the skinny (http://www.ocregister.com/articles/beach-state-stearns-2055843-san-people):Trail 6 is a secluded area abutting Camp Pendleton property where beachgoers can let it all hang out – literally. The 1,000-foot beach, one of few “clothing-optional” beaches – with a lax approach to nudity, has been a safe haven for “naturists” for decades.That might change in the next month, as the state sets out to crack down on nudity at the beach, in a move that has some longtime locals fuming and worrying about where they’ll go. State Parks will start an educational period Sunday, warning beachgoers of the change, and start citing July 1, officials said.What’s a nudist to do? Some answers here (http://www.nudistclubhouse.com/). (And yes, there’s a naked derriere on the site.) And the photo? It’s of Peter J. McConville, au natural in the 1940s, as befitting the founder of SoCal’s first nudist resort near Lake Elsinore.
– Veronique de Turenne

Archival photo: Los Angeles Times

[NakedGary]

Nude beach fans at Trail 6 better cover up (http://bartsystems.wordpress.com/2008/06/01/nude-beach-fans-at-trail-6-better-cover-up/)

Sunday, June 01, 2008, 2:22:23 AM | deltasac

SIGNONSANDIEGO NEWS SERVICES

1:32 a.m. May 31, 2008

SAN ONOFRE STATE BEACH – The days may be numbered for the nudists who favor a stretch of beach in the netherworld between San Clemente and Camp Pendleton.
Starting Monday, state park rangers will start “educating” the clothing-optional crowd at the San Onofre State Beach spot known as Trail 6. After Labor Day, they’ll be ticketed.
Roy Stearns, a spokesman for San Onofre State Beach, told the Orange County Register a man was arrested on suspicion of sexually molesting a 12-year-old girl in the area last year, and some rangers have complained about the “sexually charged” atmosphere. “It’s no longer one of those remote beaches that is out of sight and out of mind, that few people go to,” Stearns said.
The number of people visiting the beach, which is in San Diego County, has nearly doubled since 2000 to about 2.5 million annually, according to the state.
Though going nude is illegal, those hitting the beach au naturel aren’t bothered in a few spots, such as Black’s Beach, also in San Diego County.
“We have people who have been going there for more than 30 years,” Allen Baylis, a Huntington Beach naturist and attorney who has frequented Trail 6 since the 1970s, told the newspaper. “This is like driving a stake through their heart. This is where they go to relax. This is their life.”

[NakedGary]

Nudists won't be able to let it all hang out at SoCal beach

<!--subtitle--><!--byline-->Associated Press
<!--date-->Article Launched: 05/31/2008 07:05:12 AM PDT

<SCRIPT language=JavaScript> var requestedWidth = 0; </SCRIPT>
<SCRIPT language=JavaScript> if(requestedWidth > 0){ document.getElementById('articleViewerGroup').styl e.width = requestedWidth + "px"; document.getElementById('articleViewerGroup').styl e.margin = "0px 0px 10px 10px"; } </SCRIPT>Nude sunbathers who let it all hang out at a secluded beach in San Diego County will soon be asked to put their clothes back on.
For decades, nudists have been going to a clothing-optional stretch of sand encased by 50-foot-tall, rocky cliffs at the San Onofre State Beach.
But after Labor Day, the state will begin cracking down on nudity and rangers will be able to ticket those without clothes.
The change comes after several complaints about lewd behavior at the beach.
Advocates for the nudist beach say the criticism is unfair and naturists abide by strict guidelines and watch out for lewd conduct.


Starting Monday, park rangers will begin warning beach-goers of the changes.
--- Information from: The Orange County Register, www.ocregister.com (http://www.ocregister.com)

[NakedGary]

Nudity Laws
Federal Land and California State Parks
By Betsy (http://gocalifornia.about.com/mbiopage.htm)Malloy (http://gocalifornia.about.com/mbiopage.htm), About.com
Federal Land
There is no Federal law against nudity but neither is it a guaranteed right. This means that state, county and local laws can take precedence.
California State Law
CALIFORNIA CODES SECTION 314-318.6 (as of 6/2000): Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to or thoughts or acts, is guilty of a misdemeanor.
Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle , or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year.
Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison.
A 1972 California court case set the precedent that simple beach nudity is not indecent exposure. However, different localities have their own laws (notably Santa Barbara and Los Angeles Counties) and beach nudity will net you a citation and a fine with no questions asked.
State Parks
Section 4322 of Title 14 of the California Administrative Code regarding nudity in the state parks: No person shall appear nude while in any unit except in authorized areas set aside for that purpose by the Department. The word nude as used herein means unclothed or in such a state of undress as to expose any part of portion of the pubic or anal region or genitalia of any person or any portion of the breast at or below the areola thereof of any female person.
All sections are misdemeanors which carry a maximum punishment of 90 days in jail and/or $1,000 fine.
While this regulation allows for setting aside specific clothing optional areas, the parks department hasn’t taken advantage of the provision. State Park rangers have operated for many years under a policy known as the “Cahill” policy, named after a former Parks Director: “it shall be the policy of the Department that enforcement of nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations.” However, when the Cahill Policy was written, the public stance on nudity was more liberal than it is now.
Since the people most likely to make a complaint are also the least likely to make an effort to get to a remote part of a state beach, those areas have become clothing optional. If you stay in those areas, you are unlikely to be bothered. However, if a ranger appears and asks you to put your clothes on, comply and stay clothed for the rest of the day to avoid a citation. If you cross the line from mere sunbathing to other activities, you can (and probably will) be prosecuted under California Penal Code Section 314, and a nyone convicted will carry a lifetime registration as a sex offender. The penal code states:
Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
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[NakedGary]

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Yesterday, June 04, 2008, 9:50:43 AM | deltasac

Nude Beach Guide - California
A Guide to Visiting a California Nude Beach

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Finding a California Nude Beach
To find a nude beach by name, enter the nude beach name in the search box above.
At least one nude beach or topless beach can be found in almost every county along the California coast. There are almost 50 places where nudity or topless sunbathing is allowed or tolerated. These nude beach locations include Blacks’ Beach, the most popular nude beach in the country and the nation’s oldest nude beach (San Gregorio, where people have been going topless since 1967).
Be aware that laws regarding nudity and behavior vary by location and fines for going topless (or all the way) are stiff in some places. I have made every effort to provide accurate nude beach information, but the responsibility for knowing the law is yours.
Please don’t be a gawker. If you’ve never been to a nude beach before, be respectful of others and read the Etiquette guidelines before you go and check the California nudity laws, too.

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[NakedGary]

Today, June 06, 2008

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Nudity Ban at San Onofre State Beach Goes into Effect


Last Update: 6:34 am
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A policy change banning nudity at San Onofre State Beach went into effect this week but won’t be enforced until September.
Park rangers are giving nudists who frequent the North County beach nearly three months to get used to the change, which went into effect Monday, before misdemeanor citations are issued, The San Diego Union-Tribune reported.
Officials told the newspaper that the decision to end the beach’s longstanding nude status was made in response to complaints from the public as well as some state beach employees who object to a workplace where not everyone is clothed.
No other state parks frequented by nudists, including Black’s Beach at Torrey Pines State Beach, were affected by the decision.
San Onofre State Beach is sandwiched between Interstate 5 and the ocean, along a narrow 3.5-mile stretch near the San Onofre Nuclear Generating Station.

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[meredith2kp4]

State employees should be required to do their jobs and should not have a say on this issue. I would guess that there is at most one employee who objects, and I would think that there is enough flexibility in work assignments so that this employee could work somewhere else. Of course, If you are an administrator simply looking for excuses, you can always find them or even make them up.

[Al Bundy]

I bet the State experiences a substantial decrease in income from the fee they charge to get into the park with the nudity ban. It was $10.00 on my last visit. The only reason I went was for the nude experience.

[Sanslines]

State employees should be required to do their jobs and should not have a say on this issue. I would guess that there is at most one employee who objects, and I would think that there is enough flexibility in work assignments so that this employee could work somewhere else. Of course, If you are an administrator simply looking for excuses, you can always find them or even make them up.

Anyone with experiece at Black's Beach would know that this excuse is bogus as those employees (both county lifeguards and state rangers) are obviously not offended by nudity. If they were, they would be transferred to another work location. The nudists at San Onofre need to take a strong stand as it appears that they will have to continue to fight the system to keep their beach.

[Sanslines]

I bet the State experiences a substantial decrease in income from the fee they charge to get into the park with the nudity ban. It was $10.00 on my last visit. The only reason I went was for the nude experience.

The state doesn't care about money as money is irrelevant to them. Only government can take such a passe attitude towards money. If they experience a substantial fee loss at this beach, they only need to raise park fees again system wide.

[Eric6420]

I wonder how popular is that beach with nudists. On a hot sunny day, how many nudists there are on the beach? Is it:

a) between 0 and 50
b) between 50 and 250
c) between 250 and 500
d) between 500 and 1000
e) more than 1000

[NakedGary]

Sun sets on beach nudity (http://bartsystems.wordpress.com/2008/06/07/sun-sets-on-beach-nudity/)

Posted in U.S. Locations - Nude Beaches (http://wordpress.com/tag/us-locations-nude-beaches/) by deltasac on June 7th, 2008

More North (http://www.signonsandiego.com/news/northcounty/index.html)County news (http://www.signonsandiego.com/news/northcounty/index.html)
Sun sets on beach nudity

San Onofre park officials to enforce ban on bare sunbathing after Sept. 1

By Terry Rodgers
UNION-TRIBUNE STAFF WRITER
June 6, 2008

A long-standing state park policy on public nudity has been stripped away at San Onofre State Beach.
Park rangers, who for nearly 30 years have looked the other way, will at summer’s end be ticketing bare-bottomed beachgoers.
http://www.signonsandiego.com/uniontrib/20080606/images/nude280.jpg
CRISSY PASCUAL / Union-Tribune
Andy Pollock (left) was among about a dozen people
in the nude yesterday at Trail 6 beach at San Onofre
State Beach. He said hundreds of nudists show up on
sunny summer weekends.The policy change went into effect Monday at San Onofre State Beach, where nudists have gathered for decades at Trail 6 beach near the far north end of the county’s coast.

Park officials are delaying enforcement for nearly three months while they notify beachgoers of the change. After Sept. 1, sunbathers in the buff who refuse to put on their clothes will be issued a misdemeanor citation.
Officials said the action was taken in response to complaints from the public as well as some employees who object to a workplace where not everyone is clothed.
No other state parks frequented by nudists, including Black’s Beach at Torrey Pines State Beach, are affected by the decision.
“It’s devastating for us,” said Allen Baylis, a Huntington Beach lawyer and president of Friends of San Onofre Beach, a group dedicated to preserving nudism at the beach.
http://www.signonsandiego.com/uniontrib/20080606/images/onofre220.gif
San Onofre park employees on Monday posted “Nudity Prohibited” signs throughout the southern portion of the park, which is sandwiched between Interstate 5 and the ocean along a narrow 3.5-mile stretch near the San Onofre Nuclear Generating Station. Six rugged trails extend from the park’s two-lane road down to the isolated rocky coast.
Getting to the Trail 6 nude beach involves trekking down a steep path that descends a 60-foot cliff.
Baylis said nudists have discouraged lewd conduct and informally policed the beach for decades in cooperation with park officials.
“Now they seem to think that by getting rid of the folks who have been helping them the most, it will improve the situation,” Baylis said.
The enforcement change at San Onofre has attracted nationwide attention among nudist groups. The Naturist Society has issued an “action alert” to its members urging them to send letters and e-mails protesting the move.
Contrary to popular belief, the state parks system does not officially recognize clothing-optional beaches, even though they are scattered along remote portions of the state’s 1,100-mile coastline.
Instead, state parks officials have followed a 1979 directive issued by then-director Russ Cahill for parks personnel to leave nudists alone unless a complaint is received.
The Cahill policy was prompted by a 1978 state court ruling, California v. Bost, in which nudity at a state park was deemed legal “so long as the activity takes place in a traditionally recognized area” and “until a complaint from a member of the public is received.”

http://www.signonsandiego.com/uniontrib/20080606/images/nud280.jpg
CRISSY PASCUAL / Union-Tribune
After Sept. 1, park officials will begin ticketing nude
sunbathers at Trail 6 beach at San Onofre State
Beach, where nudists have gathered for decades.

Rich Haydon, acting superintendent for San Onofre State Beach, contends the Cahill policy has been superseded by the federal Civil Rights Act.
Last updated in 1991, the act protects employees from being embarrassed or indirectly harassed due to a “sexually charged” workplace, Haydon said.
Some state parks employees are uncomfortable performing their jobs at Trail 6 beach, where they routinely encounter nudists and, on rarer occasions, people having sex, Haydon said.
Maintenance workers complain about having to clean up condoms, sex toys and other paraphernalia, he said.
Once, a nude driver pulled up to the park’s entrance station to pay the $10 day-use fee and nonchalantly exposed himself to a seasonal employee, who was not amused, Haydon said.
Such conditions constitute a form of sexual harassment in the workplace, said Haydon, who said he is required to take action to shield his workers.
“We are duty-bound to take care of our employees and take care of this situation,” he said.
Lawrence A. Organ, a San Anselmo attorney who has won major sexual harassment lawsuits, called Haydon’s legal reasoning “flawed.”
A 2006 state Supreme Court ruling (Amani Lyle v. Warner Brothers Television Productions), said employees cannot claim a hostile work environment if the offending conduct – such as nudity – is a pre-existing part of the workplace, Organ said.
In some court rulings, he said, nudism has been protected as “free speech” under the First Amendment.
State parks officials can fulfill their legal obligation by offering jobs to offended workers that don’t require interaction with nudists, Organ said. Haydon said complaints also have come from park visitors who wandered down Trail 6 and were unpleasantly surprised by nude sunbathers.
“We’re getting complaints pretty much weekly,” Haydon said.
And people seeking illicit sexual liaisons are being lured to the Trail 6 parking lot by ads placed on the Craigslist Web site.
In the past five years, 82 citations have been issued for lewd behavior to people engaged in sexual acts at the state beach, Haydon said. During the same period, an additional 35 citations were issued for indecent exposure designed to attract the attention of strangers.
Last summer, a 32-year-old man was arrested on suspicion of molesting a 12-year-old boy who was sitting on his lap in a vehicle at the Trails 6 parking lot, Haydon said.
Nudists object to being lumped together with such behavior.
“Nude is not lewd,” said Bob Morton, chairman and executive director of the Naturist Action Committee in Oshkosh, Wis. “Instances of illicit sex are rare, despite the blatantly inaccurate picture Mr. Haydon has insisted on painting for his superiors.”
State parks spokesman Roy Stearns said the department’s director, Ruth Coleman, has approved Haydon’s decision. Stearns said increasing numbers of visitors at San Onofre may have rendered it unsuitable for nudity. Since 2000, the number of visitors at San Onofre State Beach has risen from 1.6 million to 2.5 million annually.
Yesterday, about a dozen nudists were lying in the sun at Trails 6 beach.
“On a sunny summer weekend, there are 500 or more of us here, including families with kids,” said Andy Pollock, who said he has frequented the beach since the late 1970s.
“It’s amazing how friendly people are when they’re naked,” said Pollock, noting that nudists occupy only about 300 yards of sand.
Denny Stoufer, a retired state lifeguard from Carlsbad, said enforcing the ban will be tough.
“If you really want to make this change, it will take an enforcement effort costing hundreds of thousands of dollars,” Stoufer said. “It will have to be a multiyear, multiagency effort. Otherwise, they will never go away.”

Terry Rodgers: (619) 542-4566; terry.rodgers@uniontrib.com (terry.rodgers@uniontrib.com)
<http://www.signonsandiego.com/news/northcounty/20080606-9999-1n6nude.html (http://www.signonsandiego.com/news/northcounty/20080606-9999-1n6nude.html)>

[Eric6420]

San Onefre looks like a nice beach but I am not sure if it is a good idea to bathe right next to a nuclear power generator. I would somewhat fear the radiations of being so close to a nuclear plant.

[Naturist Mark]

San Onefre looks like a nice beach but I am not sure if it is a good idea to bathe right next to a nuclear power generator. I would somewhat fear the radiations of being so close to a nuclear plant.

That would only happen if you were bathing within the containment vessel or the fuel storage pool. The power plant does not release any radiation into surrounding waters.

-Mark

[Eric6420]

That would only happen if you were bathing within the containment vessel or the fuel storage pool. The power plant does not release any radiation into surrounding waters.

-Mark

Yes, but I live not very far from a nuclear plant, and the two villages closest the the station tends to have higher cancer rates.

[Sanslines]

San Onefre looks like a nice beach but I am not sure if it is a good idea to bathe right next to a nuclear power generator. I would somewhat fear the radiations of being so close to a nuclear plant.

The only thing that the nuclear power plant releases is a bunch of hot water as ocean water is used for cooling purposes. I have met a number of people at San Onofre who are concerned about radiation and some are even afraid to go swimming for fear that the ocean near the power plant is radioactive. In reality, people receive more radiation from sunbathing and other natural sources then from the power plant.

[Eric6420]

The only thing that the nuclear power plant releases is a bunch of hot water as ocean water is used for cooling purposes. I have met a number of people at San Onofre who are concerned about radiation and some are even afraid to go swimming for fear that the ocean near the power plant is radioactive. In reality, people receive more radiation from sunbathing and other natural sources then from the power plant.

I hope so.

[NakedGary]

For your information:

Posts
Questions
Answers
Comments
And a Poll

On the State of California's Parks and Recreation Department termination of application of the Cahill Policy to clothing-optional portions of San Onofre State Beach in San Diego County is a legal issue spread across three or more CFF Forums.

Legal Issues Forum: [ 4 Pages ]
http://www.clothesfreeforum.com/showthread.php?p=198304#post198304 (http://www.clothesfreeforum.com/showthread.php?p=198304#post198304)

Nudes in the News Forum: [1 page]
http://www.clothesfreeforum.com/showthread.php?t=12443 (http://www.clothesfreeforum.com/showthread.php?t=12443&highlight=San+Onofre)& (http://www.clothesfreeforum.com/showthread.php?t=12443&highlight=San+Onofre)highlight=San+Onofre (http://www.clothesfreeforum.com/showthread.php?t=12443&highlight=San+Onofre)

Fun of Nude Recreation: [1 page]
http://www.clothesfreeforum.com/showthread.php?t=12440 (http://www.clothesfreeforum.com/showthread.php?t=12440)

You may also find other information on San Onofre beach, and posts mentioning San Onofre by using the CFF Forums Search Button at the top of most CFF forum pages by typing in "San Onofre" into the search window.
.

[lakewood]

My GF and I were at San Onofre this past Sunday from 10am to 4pm. Saw lots of "Nudity Prohibited" signs. Saw the Ranger/Lifeguard once and they just drove through, turned around at the fence and left rather than "educate" anyone. Most stayed north of the fence but as the day went on more and more went south of the fence although not as far down as I've seen them before. The turnout was light for a Sunday but that was probably due to temps in the 70's and some clouds. I hope people aren't being scared off by the recent events.

[Naturist Mark]

Yes, but I live not very far from a nuclear plant, and the two villages closest the the station tends to have higher cancer rates.

I am not well versed in safety statistics for Canadian nuclear plants, other than the impression that their record is rather better than US plants.

I wonder if there is an environmental reason for there to be a cancer cluster in those two villages? Are they fishing villages? Is there, or was there once mining in the area? It it in the vicinity of a geological feature that could result in higher than average radon emissions?

I live in a city on the shore of Lake Erie, where we are warned to eat fish from the lake no more than once a month because of heavy metals. Nothing at all to do with the two nuclear power stations that flank us on the lake shore in either direction.

-Mark

[Eric6420]

I am not well versed in safety statistics for Canadian nuclear plants, other than the impression that their record is rather better than US plants.

I wonder if there is an environmental reason for there to be a cancer cluster in those two villages? Are they fishing villages? Is there, or was there once mining in the area? It it in the vicinity of a geological feature that could result in higher than average radon emissions?

I live in a city on the shore of Lake Erie, where we are warned to eat fish from the lake no more than once a month because of heavy metals. Nothing at all to do with the two nuclear power stations that flank us on the lake shore in either direction.

-Mark

No, they are not fishing villages. It is the only nuclear plant in Quebec, it is located in Gentilly and the two villages in questions are Gentilly and Champlain. This nuclear plant was built in the early 70's, and we know that a few babies were born with serious malformations, we know also that a lot of people from theses two villages either got cancer or feel tired all the time, even animals such as dogs get sick. Of course, the nuclear plant run by Hydro Quebec, do everything they can to say that there is nothing to worry about, but there has been an interesting program about the differents kinds of pollution in Quebec on Channel D (Canal D) and radiation in Gentilly was one of the topic.

[Evernude]

If you care to notice that the statement being made by the California DPR is: “Public nudity at the state parks is, and has been, illegal pursuant to California Code of Regulations, Title 14, Section 4322. The Department has not designated any portion of the State Park System as clothing optional.”

THE STATE PARK SYSTEM. That means all of them, folks. They have opened the door to wipe out all nude beaches in California that are on State land. Game over. We lost.

[Sanslines]

If you care to notice that the statement being made by the California DPR is: “Public nudity at the state parks is, and has been, illegal pursuant to California Code of Regulations, Title 14, Section 4322. The Department has not designated any portion of the State Park System as clothing optional.”

THE STATE PARK SYSTEM. That means all of them, folks. They have opened the door to wipe out all nude beaches in California that are on State land. Game over. We lost.

We have not lost until the last objector gives up. This whole issue is just a test to see just how badly naturists in California and other places will fight to keep their clothing optional beaches.

[NudeAl]

It ain't over til the fat lady sings, and I don't hear no singing!

I hope that NAC is still fighting this and if they look into the case law surrounding The "Cahill Policy," they will see that the California supreme court has ruled that mere nudity in and of itself is not indecent, further that for a charge of indecent exposure to be upheld it must be accompanied by lewd behavior. NAC should have plenty of case law to rely on to build a decent argument to defeat this. Do not give up the battle has just begun.

[Fitz1980]

I don't know San Onofre myself (I'm an east coast resident) but I wonder what this will do to the amount of visitors that the place receives. Do they charge you money to park your car there? If so in about a year they will probably notice a sharp decline in the amount of revenue that they take in for parking at that place since nudists will drive long distances for such a place while regular textile beaches are a dime a dozen.

I've heard that Haulover Beach here in South Florida is the busiest beach in South Florida. I know that on weekends you often have to park in the grass because the lot fills up before 11 AM and at $5 a car that's a lot.

Near the beach Donald Trump has a big high-rise hotel going in and lots of regulars are worried that he'll spread some money around and get Haulover's clothing optional status revoked since you will be able to see the beach from one side of the hotel. If he does it would be a very bad business decision. People come from all over to visit that beach. If anything he should run ads in nudist publications trumpeting that his luxury hotel is within walking distance from the clothing optional beach. Clothing optional vacations are one of the fastest growing segments of the travel market, even in these bad economic times.

[nimrod]

Near the beach Donald Trump has a big high-rise hotel going in and lots of regulars are worried that he'll spread some money around and get Haulover's clothing optional status revoked since you will be able to see the beach from one side of the hotel. If he does it would be a very bad business decision. People come from all over to visit that beach. If anything he should run ads in nudist publications trumpeting that his luxury hotel is within walking distance from the clothing optional beach. Clothing optional vacations are one of the fastest growing segments of the travel market, even in these bad economic times.

Or in this sex obsesed country he could charge extra for the rooms on the beach side because of the nudist. I can see the ads now "Come to my Hotel were you can get an eyefull of nudity!"

[ClothingOptionalHawaii]

It costs $10 for each car to park at San Onofre State Beach. The parking lot at Trail 6 (the nude part) is PACKED FULL. The other 5 lots are relatively empty. They are hurting themselves with this horrible decision.

[David77]

I've heard that Haulover Beach here in South Florida is the busiest beach in South Florida. I know that on weekends you often have to park in the grass because the lot fills up before 11 AM and at $5 a car that's a lot.

Near the beach Donald Trump has a big high-rise hotel going in and lots of regulars are worried that he'll spread some money around and get Haulover's clothing optional status revoked since you will be able to see the beach from one side of the hotel. If he does it would be a very bad business decision. People come from all over to visit that beach. If anything he should run ads in nudist publications trumpeting that his luxury hotel is within walking distance from the clothing optional beach. Clothing optional vacations are one of the fastest growing segments of the travel market, even in these bad economic times.

There are other high-rise building close to Haulover Beach from which a telescope could zoom in on persons on the beach. Thus Donald Trump's high-rise would be no different. If the other owners/tenents of high-rise buildings near Haulover Beach have not gotten beach goers to put on their clothes, it has already been established as acceptable to county government.

[sdson]

You can also check the friends of San Onofre website to find out more information. If the nudity tolerated status is important to you, be sure to write to the director of parks to voice your opinion. The status of tolerating nudity at all California State Parks may be affected by the outcome on the status of San Onofre.

I recently sent an e-mail to the Friends of Black's Beach inquring about the status of San Onfre. I was told that the Naturist Action Committe (NAC) and the Friends of San Onofre have filed a lawsuit (last week) challenging the decision to ban nudity without input from the public. The parks department states that since Cahill is an internal policy, they can change it without public input.

I'm not an attorney, however, it seems that if they do this at San Onofre it may set a precedent to do it at other California State Parks. It's important to voice your opinion on this matter if you feel strongly about it; just my opinion.

[Sanslines]

The Cahill Policy is an appeasement to a wide range of people. It is not law and it is not an unambiguous statement that clearly designates San Onofre as a legal clothing optional beach within the state park system. Nothing short of this kind of designation will sufficiently protect San Onofre.

It is past time to go beyond the Cahill policy and designate San Onofre as a legally protected clothing optional beach. The premisses that the Cahill Policy were based upon (ie more human resources and money necessary to patrol San Onofre) have been proven to be not true.

[gordon williams]

If the claim is that there have been complaints due to increasing population/homes in the hills behind the beach, how true might that claim be? Are homes being built overlooking the beach and the possible complaints are factual? Can the nude beach area be seen from the highway? Maybe the land developers want to extend the roads on the hills so they can build in the area and they need to show the beach is not being used?
They wouldn't do that - would they!!!
GW

[FireProf]

This beach is directly west of the Camp Pendleton Marine Base. There is no way that there will ever be any homes built on property that would have a view of this portion of the beach.

I will agree that there have probably been reports to the rangers about sexual activity or that the parking lot has become a gay cruising spot. Things have been done or seen in the parking lot that would upset someone. Hell....that kinda stuff would upset us and as nudists we would report this to the rangers but we're not reporting the nudists on the beach, it's the sexual activity we are reporting and the rangers are using those types of reports as complaints.

There are no residents adjacent to this portion of the beach. That is a blatant fabrication by the Parks and Rec. Director and the rangers. The ironic part of this is that the Friends of San O Beach have been huge donators of funds and rescue equipment for decades and now the very people we have been trying to help, in many ways, are turning their backs to us and not defending us.

[NakedGary]

More North (http://www.signonsandiego.com/news/northcounty/index.html)County news (http://www.signonsandiego.com/news/northcounty/index.html)

Judge blocks no-nudity rules

Tentative ruling bars enforcement at beach
By Terry Rodgers
UNION-TRIBUNE STAFF WRITER
August 20, 2008

SAN ONOFRE – Nudists who congregate at the remote southern end of San Onofre State Beach can still let it all hang out, at least for a while longer.

A tentative ruling yesterday by an Orange County judge has halted plans by the state Parks and Recreation Department to enforce no-nudity rules after Labor Day.
“We’ve got them pinned back,” said Allen Baylis, president of the Friends of San Onofre Beach, a group seeking to preserve the nudist tradition at the north San Diego County beach.
In June, state parks officials announced they were ending a three-decade-old practice of allowing nudity at what is known as Trail 6 beach.
Parks officials said they intended, beginning Sept. 2, to cite or arrest beach-goers who refused to heed posted warnings prohibiting nudism.
The Naturist Action Committee, a national pro-nudist group, sued, claiming the state could not unilaterally change a state policy without first holding a public hearing. In addition, the suit said, parks officials must codify the new rules through the state’s Office of Administrative Law.
In her preliminary ruling, Superior Court Judge Sheila Fell sided with the naturists and ordered the state to “maintain the status quo.”
Lawyers for both parties are scheduled to appear in court in Orange County today to deliver oral arguments on the ruling.
Nudism is not technically legal at California’s state beaches. However, since 1978, the department’s policy has been to leave nudists alone unless a complaint from the public is received.
Ultimately, state parks officials may still be able to adopt a zero-tolerance stance against nudity at San Onofre, but their path now contains more steps.
“This puts a huge speed bump in their way,” Baylis said.
Parks officials said strict enforcement of nudity laws was necessary to deter lewd conduct by people attracted to the permissive atmosphere at the beach. Action had to be taken, they said, because the illegal sexual activity had created a hostile and “sexually charged” workplace detrimental to park employees.
The naturists say they have cooperated for decades with state parks officials to deter sexual activity at the beach and its bluff-top trail.
“This is all about freedom,” Baylis said. “It has nothing to do with sex.”

Terry Rodgers: <?XML:NAMESPACE PREFIX = SKYPE /><SKYPE:SPAN onmouseup="javascript:skype_tb_imgOnOff(this,1,'0',true,16,'' );return skype_tb_stopEvents();" class=skype_tb_injection onmousedown="javascript:skype_tb_imgOnOff(this,2,'0',true,16,'' );return skype_tb_stopEvents();" id=softomate_highlight_0 onmouseover="javascript:skype_tb_imgOnOff(this,1,'0',true,16,'' );" title="Call this phone number in United States of America with Skype: +16195424566" onclick="javascript:skype_tb_doRunCMD('call','0',null,0);re turn skype_tb_stopEvents();" onmouseout="javascript:skype_tb_imgOnOff(this,0,'0',true,16,'' );" IamRTL="0" context="(619) 542-4566" durex="0"><SKYPE:SPAN onmouseup="javascript:doSkypeFlag(this,'0',1,1,16);return skype_tb_stopEvents();" class=skype_tb_imgA onmousedown="javascript:doSkypeFlag(this,'0',2,1,16);return skype_tb_stopEvents();" id=skype_tb_droppart_0 onmouseover="javascript:doSkypeFlag(this,'0',1,1,16);" title="Skype actions" style="BACKGROUND-IMAGE: url(file://C:/DOCUME~1/GARYRB~1/LOCALS~1/Temp/__SkypeIEToolbar_Cache/e70d95847a8f5723cfca6b3fd9946506/static/inactive_a.compat.flex.w16.gif)" onclick="javascript:skype_tb_SwitchDrop(this,'0','sms=0');r eturn skype_tb_stopEvents();" onmouseout="javascript:doSkypeFlag(this,'0',0,1,16);"><SKYPE:SPAN class=skype_tb_imgFlag id=skype_tb_img_f0 style="BACKGROUND-IMAGE: url(file://C:/DOCUME~1/GARYRB~1/LOCALS~1/Temp/__SkypeIEToolbar_Cache/e70d95847a8f5723cfca6b3fd9946506/static/famfamfam/US.gif)"></SKYPE:SPAN></SKYPE:SPAN><SKYPE:SPAN class=skype_tb_imgS id=skype_tb_img_s0></SKYPE:SPAN><SKYPE:SPAN class=skype_tb_injectionIn id=skype_tb_text0><SKYPE:SPAN class=skype_tb_innerText id=skype_tb_innerText0> (619) 542-4566 </SKYPE:SPAN></SKYPE:SPAN><SKYPE:SPAN class=skype_tb_imgR id=skype_tb_img_r0></SKYPE:SPAN></SKYPE:SPAN>; terry.rodgers@uniontrib.com (terry.rodgers@uniontrib.com)
.

[NakedGary]

Nudists head to O.C. court today

http://images.ocregister.com/newsimages/community/huntingtonbeach/2008/08/19_nudistcourt1_medium.jpg

CATCHING RAYS: A man who only identifies himself as Richard stretches out in the nude to get a little sun at San Onofre State Beach. The state is going to begin to crack down on the nudity at the beach by issuing warnings on June 1 with a total ban taking effect on July 1.
LEONARD ORTIZ, THE ORANGE COUNTY REGISTER

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Nudistshead to O.C. court today (http://www.ocregister.com/articles/state-public-nudity-2130198-set-policy)
Wednesday, August 20, 2008
Nudists head to O.C. court today
BY CINDY CARCAMO

The Orange County Register


SAN ONOFRE – A judge is expected to decide this week whether State Park officials violated the law when they changed their clothing-optional policy at San Onofre State Beach without holding a public hearing – days before a nudity ban is set to take effect.
Today, Orange County Superior Court Judge Sheila Fell will hear from two sides of an ensuing battle over Trail 6 — a 1,000-foot beach that has traditionally been something of a safe haven for naturists.
In July, the Naturist Action Committee filed a lawsuit against the State Department of Parks and Recreation, accusing the agency of violating the state’s Administrative Procedures Act when they adopted a nudity ban without seeking public feedback.
Park officials said the agency followed the rules and did not violate any policy.
“We have a perfectly legal right to go back and rescind our own policy without a public hearing, public input, without any kind of a public meeting process,” said Roy Stearns, state parks spokesman.
Regardless, he said they did reach out to the groups and various stakeholders. Since June 1, Stearns said, rangers have passed out fliers, answered phone calls and e-mails about the change, and set up signs explaining the nudity ban.
Allen Baylis, a Huntington Beach attorney who is a spearheading the legal effort, said Wednesday’s hearing is to determine a procedural issue.
“It has little to do if you are pro or con on clothing-optional beaches,” he said. “It’s our contention that the director’s action was done illegally.”
Baylis said a 1988 letter written by then-Deputy Director for Operations at the park essentially set a 20-year policy.
“To say that this letter means nothing, when the people of the state of California relied on it for 20 years, it flies in the face of any logic,” Baylis said. “And it certainly bears weight in the court.”
Stearns said the naturists have to adhere to a code in state law called “nudity prohibited,” which states that “no person shall appear nude while in any unit except in authorized areas set aside for that purpose by the department.”
Stearns said the state’s Cahill Policy, written in 1979, allows the enforcement of nude sunbathing regulations when complaints are received by private citizens.
Baylis countered that the complaints are not for their group but other non-naturist people who use the parking lot and the abutting Camp Pendleton property as a place for illicit activity.
The hearing is scheduled for 10 a.m. at Orange County Superior Court in Santa Ana.

ONLINE POLL: A naturist group led by a Huntington Beach attorney claims State Parks officials violated the law when they banned nudity at San Onofre State beach without holding a public hearing. Comments (http://www.ocregister.com/articles/state-public-nudity-2130198-set-policy#slComments)4 (http://www.ocregister.com/articles/state-public-nudity-2130198-set-policy#slComments)| Recommend (http://bartsystems.wordpress.com/recommendReview('OCRArticle2130198'))5

Should state officials have held a public hearing before imposing a nudity ban?

Yes

No

Contact the writer:
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or ccarcamo@ocregister.com (ccarcamo@ocregister.com)

[NakedGary]

************************************************** ***********
NATURIST ACTION COMMITTEE
UPDATE
************************************************** ***********
http://www.naturistaction.org
************************************************** ***********
Copyright 2008 by the Naturist Action Committee, which is responsible for its content. Permission is granted for the posting, forwarding or redistribution of this message, provided that it is reproduced in its entirety and without alteration.

DATE: August 20, 2008
SUBJECT: Judge postpones ruling in NAC's San Onofre lawsuit
TO: Naturists and other concerned citizens

Dear Naturist,

The Naturist Action Committee wishes to update you briefly concerning an intermediate step in the battle to preserve a portion of San Onofre State Beach for clothing-optional use.

As many of you are aware, today is the day a California Superior Court had designated for issuing a ruling in the lawsuit the Naturist Action Committee (NAC) has filed against the California Department of Parks and Recreation (DPR). Earlier this year, DPR had attempted to bypass state law regarding changes to public regulations, as it moved to end the traditional clothing-optional use of a small portion of San Onofre State Beach in San Diego County.

NAC sued, seeking to force DPR to follow state law.

A tentative ruling by the Court favored NAC, but following the presentation of oral arguments, Judge Sheila Fell said she would withhold a final ruling while she considers the issue further.

Joining NAC as petitioners are Friends of San Onofre Beach (the local TNS-affiliated naturist group), as well as individual beach users Allen Baylis and Gerda Hayes.

WHAT HAPPENS NEXT?

The Naturist Action Committee expects a final ruling within a matter of a few days. This delay must not be taken as an indication that we won't ultimately win. It's a reflection of the seriousness with which the judge views this matter.

WHAT IS NAC ASKING YOU TO DO?

This is a NAC Update. NAC is not asking for your action at this time.

MORE INFORMATION AND RESOURCES

Additional information and links are available, along with this NAC Update on the web site of the Naturist Action Committee.

www.naturistaction.org/sanonofre


PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

NAC is committed to the defense of traditional clothing-optional use of public land. NAC does not hesitate to hire lawyers and lobbyists when it’s necessary, but that can be very expensive. NAC does not have a membership roster on which it can simply assess dues. NAC relies entirely on the voluntary support of people like YOU.

Won’t you please send a generous donation to:

NAC
PO Box 132
Oshkosh, WI 54903

Or call toll free (800) 886-7230 (8AM-4PM, Central Time, weekdays) to donate by phone using your MasterCard, Visa or Discover Card. Or use your credit card to make a convenient online donation: www.naturistaction.org/donate/

Thank you for choosing to make a difference.

Naturally,
Bob Morton
Executive Director
Naturist Action Committee

------------------------------------------------------------
Naturist Action Committee (NAC)
- PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton - execdir@naturistaction.org
Board Member Allen Baylis - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
------------------------------------------------------------

[NakedGary]

Posted in Nudist Organizations (http://wordpress.com/tag/nudist-organizations/), U.S. Locations - Nude Beaches (http://wordpress.com/tag/us-locations-nude-beaches/) by NakedGary on August 23rd, 2008

From AANR Trustees Weekly Report with Attachments
August 22, 2008

California’s Effort to Save Our Beaches!
At the AANR-West Convention, Ricc Bieber, member of Southern California Naturist Association (SCNA), approached me requesting a donation to the Naturist Action Committee (NAC) on behalf of his club. This donation was to be used to fund the efforts underway to revoke the decision to close San Onofre State Beach Trail 6 to nude recreation on September 1, 2008.

In General Assembly, I placed a motion to donate $1,500 before the delegation. The delegation representing clubs and members decided the amount was not enough. Three fourths of those attending had been to San Onofre. The motion was passed unanimously, and AANR-West signed a check for $3,000 payable to NAC. An additional $300 was donated by individual clubs and members. Communication between AANR and NAC continues in our efforts to save San Onofre State Beach.

AANR-West continues to raise money for preserving nude recreation on public lands; our current focus is on San Onofre State Beach. See the attached flyer that has been circulated to all AANR-West clubs to conduct a Root Beer Float Fundraiser on Labor Day or some time in the near future to support these efforts.

From the Friends of San Onofre: Here’s a new video on YouTube.

http://www.youtube.com/watch?v=yKW1hT_8hXI (http://www.youtube.com/watch?v=yKW1hT_8hXI)

http://bartsystems.files.wordpress.com/2008/08/sanonofre.jpg?w=514&h=552

On August 19th, The OC ( Orange County ) Register has put up a story on our lawsuit and a poll asking people whether or not the state should have had public hearings.

http://www.ocregister.com/articles/state-public-nudity-2130198-set-policy# (http://www.ocregister.com/articles/state-public-nudity-2130198-set-policy)

On August 20th, the OC Register reported “Nudists win round in court against San Onofre beach ban,” see the following article:
http://www.ocregister.com/articles/state-officials-policy-2130992-nudity-public (http://www.ocregister.com/articles/state-officials-policy-2130992-nudity-public)

Also, on August 20th NAC issued a “NAC Update” stating the Judge postpones ruling in NAC’s San Onofre lawsuit.

AANR is working on public lands with your help. Thanks to AANR dues-paying members and club owners, The Naturist Society (TNS), Naturist Action Committee (NAC), Friends of San Onofre Beach, and other concerned citizens our voice is being heard. NAC continues to lead the effort at San Onofre State Beach.
.




no comments yet (http://bartsystems.wordpress.com/2008/08/23/from-aanr-trustees-weekly-report-california%e2%80%99s-effort-to-save-our-beaches/#respond)

[NakedGary]

Posted in Nudes in the News (http://wordpress.com/tag/nudes-in-the-news/), Nudist Organizations (http://wordpress.com/tag/nudist-organizations/), U.S. Locations - Nude Beaches (http://wordpress.com/tag/us-locations-nude-beaches/) by NakedGary on August 27th, 2008

NATURIST ACTION COMMITTEE
UPDATE
************************************************** ***********
http://www.naturistaction.org (http://www.naturistaction.org/)
************************************************** ***********
Copyright 2008 by the Naturist Action Committee, which is responsible for its content. Permission is granted for the posting, forwarding or redistribution of this message, provided that it is reproduced in its entirety and without alteration.

DATE : August 27, 2008
SUBJECT: NAC wins San Onofre lawsuit!
TO
: Naturists and other concerned citizens

Dear Naturist,

The Naturist Action Committee is pleased to make you aware of an important new development
in the battle to preserve a portion of San Onofre State Beach for clothing-optional use.

A California Superior Court has ruled today in favor of the Naturist Action Committee
(NAC) in its lawsuit against the California Department of Parks and Recreation (DPR). DPR
had attempted earlier this year to bypass state law regarding changes to public
regulations, as it moved precipitously to end the traditional clothing-optional use of a
small portion of San Onofre State Beach in San Diego County.

In May, DPR announced its intent to begin citing beachgoers for nudity at San Onofre, a
site that has been used by skinny-dippers and nude sunbathers for decades. DPR’s most
recent timetable called for citations to be issued after Labor Day. However, in today’s
ruling, the court declared, “Dept of Parks must comply with the provisions of the
California Administrative Procedures Act before it makes any changes in its enforcement.”

Further, the Court said, “until the administrative process is completed, Parks shall
maintain the status quo, and enforce the Cahill Policy as it has done since its issuance
and subsequent interpretation by the Harrison letter, at Trail 6 in San Onofre State
Beach.”

NAC filed the lawsuit in July as a result of the Department’s recent attempt to put an
abrupt end to traditional clothing-optional use at San Onofre State Beach. Specifically,
DPR had attempted local recision of its own long-standing policy of managing
clothing-optional usage in State Parks. That policy, issued in 1979 by then-DPR Director
Russell Cahill, set out a procedure for management of clothing-optional portions of State
Parks. The regulation not only addresses nudity in State Parks, but also allows for
designation for clothing-optional areas.

The Cahill Policy, as it became known, was cited as Park Department policy in a California
Superior Court case (People v. Bost, 1988) and was affirmed in 1988 as the operational
administrative procedure for California State Parks in a letter written by then-DPR Deputy
Director Jack Harrison.

The California Department of Parks and Recreation had argued recently that the Cahill
Policy does not constitute a public regulation, and that DPR’s sudden attempt to change
public policy without public input was immune from the requirements of the State’s
Administrative Procedures Act.

The ruling in NAC’s lawsuit was issued today, Wednesday, August 27, 2008, by Judge Sheila
Fell of the California Superior Court for Orange County. The Court declared that “the
Cahill Policy, as interpreted by the Harrison letter, is a regulation.”

Represented by attorney Elva Kopacz, the Naturist Action Committee maintained in its
lawsuit that in abrogating the Cahill Policy, the Department of Parks and Recreation had
violated the state’s Administrative Procedures Act. The APA requires state agencies to go
through prescribed procedures, including public hearings, before making changes to
regulations or public policies that have the force of regulations. The DPR did none of
those things and had claimed to be immune from the requirement.

Joining NAC as petitioners are Friends of San Onofre Beach (the local TNS-affiliated
naturist group), as well as individual beach users Allen Baylis and Gerda Hayes.

MORE INFORMATION

Details of this situation and specifics of the Cahill Policy and associated documents may
be found on the Web page: www.naturistaction.org/sanonofre (http://www.naturistaction.org/sanonofre)

WHAT HAPPENS NEXT?

The Naturist Action Committee is in this for the long haul. Today’s win is gratifying, but
no one should imagine that California’s Department of Park and Recreation will simply go
away. NAC filed its lawsuit only after its attempts to negotiate with DPR had been
rebuffed. Looking forward, NAC will renew, in good faith, its offer to negotiate.

DPR may choose to proceed with its attempt to ban nudity at San Onofre. If the Department
follows the law, there will be public hearings on the matter and other opportunities for
the public to be heard. You can count on NAC to make you aware of those developments.

Meanwhile, the Court has said that DPR must operate the Trail 6 area at San Onofre State
Beach as it did before it attempted to ban clothing-optional use there.

NAC says: Enjoy the beach!


WHAT IS NAC ASKING YOU TO DO?

This is a NAC Update. No additional letters to DPR Director Coleman are being sought at
this time. However, NAC does request that you:

1) Stay informed. NAC will continue to issue Action Alerts,
Advisories and Updates on this issue as circumstances
require. Look for them.

2) Keep going to the beach at San Onofre, and keep using
it in the traditional clothing-optional manner.
CA Parks is attempting to intimidate beachgoers into
simply evaporating. We must NOT allow that to happen!

3) Respect the beach. DPR has attempted to characterize
the beach at San Onofre as place that accommodates
illicit sex. Please stand up for proper clothing-optional
beach etiquette!

4) If you are approached by a ranger on the beach or in the
parking area at San Onofre, make a detailed note of the
encounter, including the date, the time, the ranger’s
name and what was said. E-mail your account to:
sanonofre@naturistaction.org

Do not be combative or confrontational, but you may make it quite clear that you are
taking notes.

MORE INFORMATION AND RESOURCES

Additional information and links are available, along with this NAC Update on the web site
of the Naturist Action Committee.

http://www.naturistaction.org/sanonofre (http://www.naturistaction.org/sanonofre)


PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

NAC is committed to the defense of traditional clothing-optional use of public land. NAC
does not hesitate to hire lawyers and lobbyists when it’s necessary, but that can be very
expensive. NAC does not have a membership roster on which it can simply assess dues. NAC
relies entirely on the voluntary support of people like YOU.

Won’t you please send a generous donation to:

NAC
PO Box 132
Oshkosh, WI 54903

Or call toll free <?XML:NAMESPACE PREFIX = SKYPE /><SKYPE:SPAN onmouseup="javascript:skype_tb_imgOnOff(this,1,'0',true,16,'' );return skype_tb_stopEvents();" class=skype_tb_injection onmousedown="javascript:skype_tb_imgOnOff(this,2,'0',true,16,'' );return skype_tb_stopEvents();" id=softomate_highlight_0 onmouseover="javascript:skype_tb_imgOnOff(this,1,'0',true,16,'' );" title="Call this phone number in United States of America with Skype: +18008867230" onclick="javascript:skype_tb_doRunCMD('call','0',null,0);re turn skype_tb_stopEvents();" onmouseout="javascript:skype_tb_imgOnOff(this,0,'0',true,16,'' );" durex="0" context="(800) 886-7230" IamRTL="0"><SKYPE:SPAN onmouseup="javascript:doSkypeFlag(this,'0',1,1,16);return skype_tb_stopEvents();" class=skype_tb_imgA onmousedown="javascript:doSkypeFlag(this,'0',2,1,16);return skype_tb_stopEvents();" id=skype_tb_droppart_0 onmouseover="javascript:doSkypeFlag(this,'0',1,1,16);" title="Skype actions" style="BACKGROUND-IMAGE: url(file://C:/DOCUME~1/GARYRB~1/LOCALS~1/Temp/__SkypeIEToolbar_Cache/e70d95847a8f5723cfca6b3fd9946506/static/inactive_a.compat.flex.w16.gif)" onclick="javascript:skype_tb_SwitchDrop(this,'0','sms=0');r eturn skype_tb_stopEvents();" onmouseout="javascript:doSkypeFlag(this,'0',0,1,16);"><SKYPE:SPAN class=skype_tb_imgFlag id=skype_tb_img_f0 style="BACKGROUND-IMAGE: url(file://C:/DOCUME~1/GARYRB~1/LOCALS~1/Temp/__SkypeIEToolbar_Cache/e70d95847a8f5723cfca6b3fd9946506/static/famfamfam/US.gif)"></SKYPE:SPAN></SKYPE:SPAN><SKYPE:SPAN class=skype_tb_imgS id=skype_tb_img_s0></SKYPE:SPAN><SKYPE:SPAN class=skype_tb_injectionIn id=skype_tb_text0><SKYPE:SPAN class=skype_tb_innerText id=skype_tb_innerText0> (800) 886-7230 </SKYPE:SPAN></SKYPE:SPAN><SKYPE:SPAN class=skype_tb_imgR id=skype_tb_img_r0></SKYPE:SPAN></SKYPE:SPAN>(8AM-4PM, Central Time, weekdays) to donate by phone
using your MasterCard, Visa or Discover Card. Or use your credit card to make a convenient
online donation: http://www.naturistaction.org/donate/ (http://www.naturistaction.org/donate/)

Thank you for choosing to make a difference.

Naturally,

Allen Baylis
Board Member
Naturist Action Committee

—————————————————————
Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton
- execdir@naturistaction.org
Board Member Allen Baylis
- rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
—————————————————————



no comments yet (http://bartsystems.wordpress.com/2008/08/27/california-superior-court-has-ruled-today-8-27-2008-in-favor-of-the-nac-on-san-onofre-lawsuit-with-ca-dept-of-parks-recreation/#respond)

[NakedGary]

http://www.nudebeachesyes.org/


http://www.nudebeachesyes.org/assets/images/Nude_Beaches_Yes_400.jpg (http://www.nudebeachesyes.org/)
(http://www.nudebeachesyes.org/)

[NakedGary]

Posted in Nudist & Naturist Legal Subjects (http://wordpress.com/tag/nudist-naturist-legal-subjects/), Nudist Organizations (http://wordpress.com/tag/nudist-organizations/), U.S. Locations - Nude Beaches (http://wordpress.com/tag/us-locations-nude-beaches/), U.S. Locations - Nude Resorts (http://wordpress.com/tag/us-locations-nude-resorts/) by NakedGary on August 28th, 2008

http://bartsystems.files.wordpress.com/2008/08/finalorder.jpg?w=300&h=176 (http://bartsystems.files.wordpress.com/2008/08/finalorder.jpg)
NAC Final Court Order - click to see (http://www.nac.oshkosh.net/CA_2008_San_Onofre_FinalOrder_08-27-08.pdf)




no comments yet (http://bartsystems.wordpress.com/2008/08/28/naturist-action-committee-final-court-order-san-onofree-nude-beach/#respond)

[NakedGary]

Nudists allowed at San Onofre Beach (http://bartsystems.wordpress.com/2008/08/28/nudists-allowed-at-san-onofre-beach/)

Posted in Nudes in the News (http://wordpress.com/tag/nudes-in-the-news/), U.S. Locations - Nude Beaches (http://wordpress.com/tag/us-locations-nude-beaches/) by NakedGary on August 28th, 2008
California Newshttp://a.abclocal.go.com/static/art/global/icon_rss.gif (http://bartsystems.wordpress.com/wp-admin/rss)
Nudists allowed at San Onofre Beach

Thursday, August 28, 2008
http://a.abclocal.go.com/static/art/global/icon_ap_byline.gif
Nude sunbathers can continue to let it all hang out along a secluded stretch of San Onofre State Beach, unless someone objects.
Orange County Superior Court Judge Sheila Fell ruled Wednesday that state parks officials can cite sunbathers and swimmers in the buff only if a private citizen complains.
It’s the same policy that has been in place since 1979, but complaints of lewd behavior prompted a crackdown by state parks officials earlier this year. They announced they would outlaw nudity as of Sept. 2.
State parks district superintendent Ken Kramer told the Los Angeles Times that even though they “don’t agree” with the court’s decision, they plan to follow the judge’s directive.




no comments yet (http://bartsystems.wordpress.com/2008/08/28/nudists-allowed-at-san-onofre-beach/#respond)

[Bushnud2]

The court rules that state parks officials can cite nudists only if

there is a complaint by a private citizen. The policy had been in

place since 1979 but was revised earlier this year.

By Susannah Rosenblatt,
http://www.latimes.com/
Los Angeles Times Staff Writer
August 28, 2008


Full story and pictures at:

http://tinyurl.com/6oscua

[NakedGary]

D. Kirkpatrick posted on "Rix Place":


~~~ RixPlace News/Views ~~~
On 09/03/2008, Cheri Alexander <CHERIDONNA@PRODIGY.NET>wrote:

I just heard on Paul Harvey news that tickets are being handed out at
San Onofre.

>
> Cheri

Nope.
Paul's on drugs.
DMK
-
-
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
D. Kirkpatrick......| sunclad@sunclad.com

[DKirkpatrick]

Paul Harvey's spots are recorded in advance and played from tape/disc.

It is likely his staff and himself were working from information handed out by the State Parks people before the court ruling was handed down.

Had there been citations issued the phones would have been lighting up all over. So far that is not the case. Not here by e-mail, and not at the NAC office phone which is answered directly by Bob Morton.

There are still some small newspapers out there that are still reporting an end to nudity as of this past weekend and have yet to update their news feeds from the wire services.

Clearly it points to the old bromide that you can't believe everything you read in th epapers - or hear on the radio.

We're not out of the woods yet. See tonights update from NAC that I am posting under LEGAL.

DMK

[NakedGary]

State Parks
Section 4322 of Title 14 of the California Administrative Code regarding nudity in the state parks:

No person shall appear nude while in any unit except in authorized areas set aside for that purpose by the Department. The word nude as used herein means unclothed or in such a state of undress as to expose any part of portion of the pubic or anal region or genitalia of any person or any portion of the breast at or below the areola thereof of any female person.

All sections are misdemeanors which carry a maximum punishment of 90 days in jail and/or $1,000 fine.
While this regulation allows for setting aside specific clothing optional areas, the parks department hasn’t taken advantage of the provision. State Park rangers have operated for many years under a policy known as the “Cahill” policy, named after a former Parks Director: “it shall be the policy of the Department that enforcement of nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations.” However, when the

Cahill

Policy was written, the public stance on nudity was more liberal than it is now.
Since the people most likely to make a complaint are also the least likely to make an effort to get to a remote part of a state beach, those areas have become clothing optional. If you stay in those areas, you are unlikely to be bothered. However, if a ranger appears and asks you to put your clothes on, comply and stay clothed for the rest of the day to avoid a citation. If you cross the line from mere sunbathing to other activities, you can (and probably will) be prosecuted under California Penal Code Section 314, and a nyone convicted will carry a lifetime registration as a sex offender. The penal code states:
Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.

[Sanslines]

The Cahill Policy was written at a time without the benefit of history to be used as a factual guidance. As a result, some of the major premisses that were used as a justification for the Cahill Policy have proven over the years to be false. Nudist beaches do not require additional financial resources for services and extra patrols. Most CA nudist beaches have NO services provided such as port a potties or garbage bins on the beach.

Given that many of the original justifications are not valid, it is past time that the Cahill Policy be challenged and replaced with a policy that clearly designates beaches within CA that are LEGAL clothing optional beaches.

[nimrod]

I went on monday to show my support, and to have fun, of being able to be nude on the beach. I saw one ranger drive down and turn around and that was all he did.

[FireProf]

My wife and I were down on the beach on Saturday (9-6). WOW.........lots and lots of people. Two single guys, that we know of, got run off. One guy was making a family very uncomfortable, not sure the exact details but the family moved and a couple of the regulars began talking to this gawker. He left soon after.

The other..........planted himself about a foot off our blanket...below us. The beach was crowded...I'll give him that, but I'm not so naive, nor is the Prof, that the reason he decided on that spot was because he was surrounded by naked women. Most people go to the beach and face the ocean, watch the water, the surfers and people walking by. This guy spent the first couple of minutes facing north and just couldn't keep his eyes from wondering towards the Prof. She went from lounging comfortably, to crossed legs, covered bottom, with a towel...to putting on a shirt. I told him nicely..........."excuse me, you're making my wife uncomfortable, either stop looking at her or find another place to sit."

He turned away and layed on his side facing north again. Then.....he tilts his head back toward the Prof after she began to take her shirt and towel off. Strike two! I leaned forward and looked at him. Before I could say......"hey!" The guy next to us, another regular, told him to........." pack it up and move away........better yet......you're obviously here for the wrong reasons....leave." I got up and talked to this guy, older gentlemen, as he was leaving. Told him about some etiquette rules on the beach and he said it was his first time there. "Wrong..........I've seen you here before!" He then left leaving a trail of sand dust behind him. He didn't leave.......he just went south of the fence line.

But..........it was a good day. The sun came out a little after noon. Lots of couples and groups. No hassles with the rangers. As a matter of fact........never saw one except for when we paid to get into the park.

:)