Arkansas anti-nudism law: sensible or silly?

[Stu2630]

Unconstitutional laws can stay on the books only until they are tested in a court of law. In order to be tested, someone must be charged with them. Apart from that, there is no legal force for a state to change their laws. There are so many idiotic laws on the books in many states that could be unconstitutional but the laws are never used. Just look up stupid laws in the US.

I'm sure you're right, Bob.

Laws should be clear. The term "private parts" should never be in a law.

It's not an ideal formulation, I will agree, but I would imagine this was written many years ago when there was a consensus of what constituted "private parts".

Stu

[S.T.O.P.]

I have been trying to figure out a way to get this law off the books without going to jail. There is no way I can afford the notoriety that an arrest would entail either. It would be the end for me as far as ever finding any more work in this state (Arkansas). There is nothing I wish I could do more than be a test case, but I can only do it if I eventually make plans to move elsewhere. At the present, that option too is out of the question.

[NakedGary]

S.T.O.P. The Full AR law is posted on Post #12 [Check the books for changes or updates to the law]

The law below reads clearly With "one (1) or more persons of the opposite sex as a form of social practice.

So just practice you nudism in private, or remote areas with adult males, [or women can do the same separately] and your technically not breaking the law [carry a copy of 5-68-204 - Nudism law with you if out in the open or at a hot springs or beach]

Who's going to know the difference if your nude in private with all shades drawn.

The law is written so bad, it even states "its against the law to verbally plan or discuss nudity, nudism, nudist clubs or groups in Private." Again, don't broadcast about your private or remote nudism with others, and who would know the difference.

Always carry a copy of 5-68-204 - Nudism law with you if out in the open or at a hot springs or beach with another male. Also, always check with local, and city and county law enforcement about areas that would come under their jurisdiction where nudity by anyone is prohibited.

See Post #12 for "NAC" full copy of the regulation or law.


ARKANSAS

Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare
Chapter 68 - Obscenity
Subchapter 2 - Offenses Generally

§ 5-68-204 - Nudism.

(a) As used in this section, "nudism" means the act or acts of a person or persons congregating or gathering with his, her, or their private parts exposed in the presence of one (1) or more persons of the opposite sex as a form of social practice.

(b) The provisions of this section do not apply to the enumerated acts if:

(1) The purpose of the person committing the act or acts is to render medical or surgical treatment or to determine the need for medical or surgical treatment or to cleanse such sexual part, and the person committing the act:

(A) Is a licensed physician, as defined by § 17-80-101, or any such physician of a sister state making a professional call into Arkansas;

(B) Committed the act under the professional direction of any physician described in subdivision (b)(1)(A) of this section; or

(C) Is a nurse duly registered or licensed by the Arkansas State Board of Nursing; or

(2) The persons are married legally one to another.

[usuallylurk]

Stu: "I would be surprised if your Constitution doesn't provide a remedy to force the state legislature to review their laws and moderate them."

Actually - here in Massachusetts - there is a process called "judicial review" of planned legislation. The legislature can request that the state's supreme court review a pending bill for Constitutional review.

IT IS NOT BINDING. The court can say "this isn't good" and the law could still pass; or, it could say "it's good" and a court at a different level might rule differently, or, a good argument might be presented if the law is challenged, that wasn't thought of at the time of the review. But it stops some lousy legislation from passing.

[LumpyPostage]

Why is Arkansas pronounced Arkansas while Kansas is pronounced Kansas?

[atalanta]

Why is Arkansas pronounced Arkansas while Kansas is pronounced Kansas?

Well, that's Americans for you. They can't get pronunciations (or spellings) right. Mind you, we Brits may have complicated things unnecessarily sometimes,

[David77]

Why is Arkansas pronounced Arkansas while Kansas is pronounced Kansas?

http://answers.yahoo.com/question/in...2090253AA83lzD

[LumpyPostage]

Somehow I knew it must be the French.