A Warning to Naturists in Virginia
Once again the State of Virginia is in the news for intolerance toward nudists. From the State that tried to outlaw nudist sumer camps now comes another story of nudist repression.
Recently appearing on Delmarvanow.com was a story, Vocal Nudists battle to bare it on the beach. The story gives the general background of Donn & Cindy Murphy’s visit to Virginia and Assateague Island where they were cited for public nudity.
Although they were on Federal Property, part of the National Seashore, they were cited by the Federal Park Ranger under 50CFR which allows the Feds to cite based on local laws, in this case, a County ordinance that prohibits public nudity.
Donn & Cindy are the owners of a Nudist Resort in Mexico, Playa Sonrisa, and took the advice of some of their guests at their resort that there was a nude beach on Assateague Island. Unfortunately, it has been years since it was common there.
Once arriving, they took many precautions to avoid offending anyone with their skinny-dipping, including a 2-mile walk up the beach, and judiciously scouting the area for others before stripping for a swim..
The web article mentions that the Murphys wrote an open letter to the “citizens and legislators of Virginia”, but stops short of actually providing the actual letter. Murph has graciously allowed permission to print the complete letter here.
An open letter to the citizens and legislators of Virginia:
On a recent vacation my wife and I took the opportunity to explore several states along the east coast, in particular to areas to which we were previously unfamiliar. Our travels included Virginia, where we had two very distinct experiences - one quite positive and enjoyable, but the other very negative and disillusioning. I would like to describe those events to you, not to merely to lodge a complaint, but in an effort to induce a reevaluation of public policy, with the intended goal to avoid a similar negative experience by other visitors (and residents) in the future.
Beginning with the positive: our first destination in Virginia was Charlottesville, which we found to be a thoroughly charming and tranquil community, and where our impression was of overwhelmingly friendly people (regardless of ethnicity or background). We also had the distinct pleasure to tour Monticello and Ash Lawn, invoking a true sense of awe to be walking in the footsteps of Thomas Jefferson and James Madison. These great statesmen are not only true Heroes of the American Revolution, but their extensive writings on Life, Liberty, the Pursuit of Happiness, and the limits to legitimate governments, have given hope and inspiration to multitudes of people worldwide.
Our second experience in Virginia was far less uplifting. To provide a little background to the situation I should explain that my wife and I are the owner/operators of a small Clothing Optional resort for Naturists. On our various travels we find it to be instructive (and enjoyable) to visit other Naturist venues whenever circumstance allows. Some of our past clients, residents of VA, had advised us (incorrectly as it turned out) of a beach available for clothing free enjoyment on the remote north end of the National Seashore on Assateague Island. From our previous visits to National Seashores in other states that have sanctioned areas for nude use we understood that there are no Federal prohibitions against nudity, so we had no reason to question this advice. Therefore we chose as our next destination to visit Chincoteague / Assateague with eager anticipation. After all, what could be a more idyllic Naturist venue than a pristine deserted beach enveloped within a wildlife refuge, with the added romanticism of wild (and non-textiled) ponies.
However, as conscientious Naturists we realize that not everyone shares our enthusiasm for the invigorating sensation of clothes free freedom or swimming unencumbered by a clinging garment. So we packed up our blanket, sunscreen & water bottles and obligingly headed off for the vast unoccupied expanses north of the easily (road) accessible areas. As it was a brisk Tuesday morning in September the summer crowds were long gone, so we left the few textiled patrons behind who were all clustered within +/-100 yds of the parking area. We encountered 2 other beachcombers wandering about ½ mile away, so being unsure about where the C/O area began, and to insure we wouldn’t offend anyone, we kept trudging for about 2 miles, until we couldn’t even see another soul in either direction. We chose a nice sandy spot far from the water to spread our blanket, generally hidden from view by a small dune. Thereby assured of complete privacy we shed our bathing suits in order to enjoy nature naturally, in the innocent pursuit of happiness. Never the less, being on unfamiliar turf and cognizant of the potential to offend someone, we kept a wary eye out for any “textiled” beachcombers who might approach. None did.
When the mid-day sun took its toll it became time to refresh & cool off in the water. But first we dutifully checked up & down the beach, and with nobody present within our range of visibility (est +/- 1 mile) we proceeded to go for a skinny dip. Being more accustomed to warm tropical waters my wife quickly got chilly and headed back to our blanket, whereas I stayed to play in the surf a little longer. When she returned to our blanket she was standing with her back to the ocean breeze toweling herself dry. Very suddenly a 4 WD vehicle appeared virtually out of nowhere and pulled up to within 15’ of my wife. (I remind you we were being very vigilant to observe anyone approaching, yet the vehicle arrived so suddenly she hadn’t even turned around, still drying off with her back to the wind, naturally, nor did she hear it approach apparently due to the wind noise). When the driver, a Park Ranger, got out and spoke it was such a surprise that it startled her causing her to let out a small yelp.
In spite of our remoteness and sincere efforts at privacy and discretion, the Ranger was not the helpful Dudley DooRight, ready to inform us of our transgression and let us off with a warning. Unfortunately we got his inflexible twin, Dudley DoWrite, who immediately wrote up 2 citations for “Public Nudity”. This is a very interesting point, because when I first saw the vehicle and recognized it as a Park Ranger I decided to stay in the water, in a futile attempt to not exacerbate the situation. But he issued a citation in my name anyway, for apparently he had been spying on us from afar, perhaps with binoculars, otherwise how could he have known that I was nude even though my lower half was concealed by the water. (Or is it policy to issue tickets based on assumptions?).
Later, as we departed, we discovered tire tracks coming out of the (supposedly) protected dunes, which would explain how he appeared virtually out of thin air in spite of our attentive care to not be seen by any non-Naturists. (We are Naturists, not exhibitionists).
The tickets imposed a fine of $250 each. Now, $500 might just be “chump change” to some people, but to this “chump” that’s real money, with a real impact on our vacation budget. As our “pursuit of happiness” was now so negatively impacted we packed up our belongings and dejectedly trudged the +/- 2 miles back to the parking area (encountering not another soul until getting there). Incidentally, on the long trek in we collected several plastic bottles, cans, and some broken glass from the beach, because like the vast majority of Naturists we are conscientious stewards of natural settings. Sadly, on our regress, we made no effort to clean up any additional refuse, figuring that if the Ranger had something productive to do maybe he would have less energy to harass honest citizens needlessly. We departed with our spirit extinguished, vowing never to return, lest we should unknowingly commit another bogus, yet expensive, infraction.
Perhaps you think it’s not a “Bogus” infraction? After all, I admitted to being naked! But let me ask how can we possibly be guilty of “Public Nudity” when we were in such a totally private setting? How could we commit an “offense” if no one was offended? Please don’t tell me Dudley DoWrite was offended at the sight of my (attractive) naked wife from afar. No, he had to approach to within 15’ and ask her to turn around so he could be “offended”!
I contend that the only “crime” committed in this episode was the perverse action of the Park Ranger – apparently spying from afar and then swooping in to within 15’ of my naked wife at the precise moment we were separated.
This infringement on our liberty was promulgated by a virtual cornucopia of bureaucratic agencies. In spite of the fact that there are no Federal prohibitions against basic nudity, and that “multi-use” is a long standing, and imperative, doctrine of Federal public lands, we were cited for a completely harmless, and private, action by a National Park Service Ranger, who was a “stand –in” administering a National Wildlife Service refuge, citing an “assimilated” regulation adopted from a Commonwealth of Virginia statute, for which we could appear before a Federal District Court in Maryland, or mail the (unreasonably expensive) fine to Georgia. If this bureaucratic morass doesn’t make true proponents of liberty wince, it should.
But my discourse is not presented with the motive to be exonerated from this “victimless” crime (ironically my wife and I are the only “victims” in this affair), nor even to plead for a reduction of the unreasonably expensive fine, which has grudgingly been paid. My purpose is to be proactive in effecting a change in legislation and/or Park Management policy in order to eliminate similar unnecessary negative impacts on other Naturists in the future. I hope to advance this goal with the meager resources available to me - my disposable income, my voice, and my keyboard – by pointing out to the powers that be the negative impacts of this misguided regulation/policy.
I employ these resources as follows>
- My Disposable Income: we are a hard working 50-something couple with limited discretionary funds. By luck of geography Chincoteague VA is located a very short distance from the state line. As a direct consequence of this $500 “intolerance tax” we cut short the time (and money) we spent in Virginia, exiting as rapidly as was prudently possible. I assure you that the Commonwealth has collected from us the very last penny of sales tax, lodging tax, gas tax, use tax, or fee, ever. As we departed I couldn’t help empathizing with all those small business owners in Chincoteague, parking lots empty and Vacancy signs aglow, over how much their businesses would benefit by the simple acceptance of harmless Naturists on the remote expanse of National Seashore.
- My Voice: As mentioned we operate a business in the hospitality industry, specializing in the Naturist market. One component of our success is to give customers individual attention, which over the course of a typical stay includes discussions of nice places to visit, and conversely places to avoid. Be assured that VA will top the list of the latter.
- My Keyboard: We are members of The Naturist Society, the American Association of Nude Recreation, and the Federation of Canadian Naturists. I am copying this letter to the editors of each organization’s publication in the hope they will choose to inform their tens of thousands of readers that Naturists are unwelcome in Virginia (apart from inside a private club, and even that is occasionally threatened).
In closing I would like to remind the citizens and legislators of Virginia of the ideals of your most famous and honored statesman, Thomas Jefferson, who did so much to advance freedom and personal liberty in our beloved country. Although less known than his ardent advocacy of “Pursuit of Happiness” and “Separation of Church and State”, he was also a vocal proponent of enjoying an “air bath” - taking a stroll unencumbered by any worldly possession, for the benefits provided to mind and soul. I sincerely hope you will realign your laws and regulations to recognize this valid form of personal liberty.
Sincerely,
Donn W. Murphy
Colorado Springs, Colorado, USA
~ and ~
Xcalak, Quintana Roo, Mexico
