Man fined for nudity in Acadia National Park, Maine

[Tyco]

Not sure if this should go here or under Legal Issues, but here it is:

Man fined for being naked in national park
Wednesday, July 19, 2006 - Bangor Daily News news article

BANGOR - A federal judge has ordered a man to pay a $215 fine for being naked in Acadia National Park.

Antonio Boggia, 77, of Trenton, Maine, and Livingston, Texas, pleaded guilty Tuesday in U.S. District Court in Bangor to indecent conduct.

He faced up to six months in prison and a fine of up to $1,000.

U.S. Magistrate Judge Margaret Kravchuk ordered Boggia, who had been warned previously by park rangers not to swim or sunbathe naked in the park, to pay the fine. A charge of interfering with agency function by resisting arrest was dismissed, according to the U.S. Attorney's Office in Bangor.

Boggia was arrested on the afternoon of June 18 at Lake Wood. He was taken to the Hancock County Jail, where he was later released on his own recognizance, according to park officials.

Lake Wood is listed on about.com as one of 38 places in Maine known for nude sunbathing and swimming. The Web site also states that bathing suits are required at the park swimming hole and that the sanction for being naked at Lake Wood is "unofficial."

[Tyco]

Not sure if this should go here or under Legal Issues, but here it is:

Man fined for being naked in national park
Wednesday, July 19, 2006 - Bangor Daily News news article

BANGOR - A federal judge has ordered a man to pay a $215 fine for being naked in Acadia National Park.

Antonio Boggia, 77, of Trenton, Maine, and Livingston, Texas, pleaded guilty Tuesday in U.S. District Court in Bangor to indecent conduct.

He faced up to six months in prison and a fine of up to $1,000.

U.S. Magistrate Judge Margaret Kravchuk ordered Boggia, who had been warned previously by park rangers not to swim or sunbathe naked in the park, to pay the fine. A charge of interfering with agency function by resisting arrest was dismissed, according to the U.S. Attorney's Office in Bangor.

Boggia was arrested on the afternoon of June 18 at Lake Wood. He was taken to the Hancock County Jail, where he was later released on his own recognizance, according to park officials.

Lake Wood is listed on about.com as one of 38 places in Maine known for nude sunbathing and swimming. The Web site also states that bathing suits are required at the park swimming hole and that the sanction for being naked at Lake Wood is "unofficial."

[Tyco]

Lake Wood had been a very popular spot for nude sunbathing and swimming for many decades, but was closed to nudity by the park a couple years ago.

[KetchumMaine]

I am told that Lake Wood was a great swimming spot. Unfortunately,as Tyco said, it has been lost.

[John Spooner]

Here we have yet another ridiculous example of silly petty officials and revenue raising.
Regards. John S.

[Tera]

I look at it as a guy who was breaking the law and was warned not to break the law. I don't support anyone breaking the law and so I think he got what he deserved.

Tera

[DKirkpatrick]

Actually there are a number of serious issues here.

First the land that was traditionally used nude had been private land until recently (within the last few years) and only recently came under the NPS. No one is complaining about the nudity as far as we know. This is a [I}Wendel Simpson like[/I] action by the super.

The NPS is not citing under federal law - there are none. They are attempting to enforce a state disorderly person statute - not an anti-nudity statute.

More importantly now, the case, per the press clip, has it before a federal judge, not a state judge where it should be.

Many jurisdictional issues here.

And if this NPS preserve is successful in getting their way, what happens to places like Lighthouse beach, Sandy Hook, and others?

The big problem at Acadia is a lack of a defined user group that can interact with the NPS leadership. They appear to be overstepping authority but for what reason, and for whom complaining remains unclear.

Naturist activists met with them last year but the NPS cleverly assured that they met with them separately. There was no progress as a result of the meeting.

This could have an impact on naturism in and at other NPS areas.

Not good news.

DMK

[Tyco]

I recently talked to a married couple who also saw the newspaper article. They said they have been going to Lake Wood nude this summer, and have chatted with rangers but have not been bothered by them. They said the guy who was arrested had been giving the rangers previous problems, some alchohol related.

Whether or not nudity is otherwise returning to Lake Wood is not certain.

[meredith2kp4]

My reply is to Dennis Kirkpatrick. your analysis and concern are generally correct. The man arrested, Mr. Boggia, was charged under an NPS regulation against disorderly conduct. I have posted this regulation in various places and it, by any reasonable interpretation of the English language, should not apply to nudity at the skinnydipping site at Lake Wood. The case was presented to a federal magistrate because he was charged with violating a federal law (the NPS regulation).

I am sure that there is no way that he could have been convicted for simple nudity under Maine state law. A couple of years ago a Maine state judge decided that two women who were completely nude in downtown Orono were not guilty of indecent exposure because they were no exposing their genitals, because their genitals were internal. Also, intent to affront or alarm is required under Maine law.

[John P]

Well, uh Meredith (I'd say "Dick" but it would seem rude) your story about the two women--a case I remember too--would seem to say that if it's a man involved, he is indeed liable to be prosecuted. Sounds stupid to me, but I'm not a judge.

Just last weekend I went to Solair down in Connecticut, and there I met a man from New York who was on his way to Maine, in fact to Bar Harbor. We'd met previously at the Eastern Gathering and talked about Lake Wood, and I'd told him that there had been hassles. When we met again at Solair, I mentioned this recent case, an actual prosecution, and he was quite dismissive. He said, "I've been to Lake Wood quite a few times and never had any trouble, and I expect to go there this coming week." So of course I said good luck, and I hope we'll hear good news from him. I don't know if he's an Internet user though, so it's not clear how one might hear what happens to him. I'd certainly like to know.

[John P]

Well, to follow up my previous posting, this message just showed up in the mailbox, from the man I warned about Lake Wood. I'd much rather have been wrong than right, but here's the sad story:


John -

You win. I got busted at Lake Wood. After a perp walk back to the parking lot with a Ranger, I got a written, on-the-record warning for "disorderly conduct and indecent exposure". With a history of literally 100 years of skinny-dipping there, they haven't posted any signs ("yet") forbidding it, so that's why I got a warning instead of a ticket. The National Park Service responded to complaints from textiles who wanted to swim there. Too bad.