NAC Advisory - San Onofre Beach
NAC has learned that the California Department of Parks and Recreation (DPR) intends to ignore the law and will begin issuing citations for nudity in the traditional clothing-optional area at San Onofre State Beach, beginning Tuesday, September 8, 2009.
According to DPR, the citations will be issued under Title 14, Section 4322 of the California Code of Regulations. That regulation allows an individual to be charged for nudity in a state park. Conviction under that section is NOT a sex offense.
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NATURIST ACTION COMMITTEE
ADVISORY
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http://www.naturistaction.org
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Copyright 2009 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 : September 4, 2009
SUBJECT: San Onofre Advisory
TO : All naturists and other concerned citizens
Dear Naturist,
This is an advisory from the Naturist Action Committee (NAC) concerning an important situation in the state of California.
NAC has learned that the California Department of Parks and Recreation (DPR) intends to ignore the law and will begin issuing citations for nudity in the traditional clothing-optional area at San Onofre State Beach, beginning Tuesday, September 8, 2009.
According to DPR, the citations will be issued under Title 14, Section 4322 of the California Code of Regulations. That regulation allows an individual to be charged for nudity in a state park. Conviction under that section is NOT a sex offense.
Such ticketing, if it takes place, would be improper and illegal. The Naturist Action Committee and Friends of San Onofre Beach have petitioned the California Supreme Court to consider their lawsuit against DPR. Until the Supreme Court indicates whether it will hear the matter, the ruling of the Superior Court stands. Though DPR won a subsequent appeal, the ruling that’s currently valid is the one that favored the naturists.
The court order that remains in effect until further notice was issued by Orange County Superior Court Judge Sheila Fell on August 27, 2008. It refers to the Department of Parks and Recreation as “Parks.” The court order reads, in pertinent part, as follows:
“PARKS IS ORDERED TO MAINTAIN THE STATUS QUO, AND ENFORCE THE CAHILL POLICY.”
CHOICES:
A number of naturists have indicated their willingness to be cited for nudity at San Onofre on Tuesday so that a court may decide the matter of citations that have been issued while an existing court order is in effect forbidding them.
NAC recognizes that the choice to participate in such civil disobedience must be left to each individual. If you’d like more information on the choices and their possible ramifications, you may contact NAC board member Allen Baylis by e-mail at rab@bayisaw.com or by phone at
(714) 962-0915.
DISCUSSION:
The order mandating that the Parks Department continue to apply the Cahill/Harrison regulation which was issued by Orange County Superior Court Judge Sheila Fell has not been rescinded because the case is still under appeal. This order will remain in place until a higher court issues an order to Judge Fell to rescind her prior order. If that happens at all, it will be unlikely to take place before mid October. Therefore, if State Park Rangers issue citations for nudity without having first received a public complaint and allowing the nude person to get dressed to avoid a pubic nudity citation, they will be violating a court order. That is true in any traditional clothing optional area in a California State Park.
Over the past few days, Rangers have told people that trail 6 is no longer a nude beach and that they must get dressed. That is not accurate information. We expect that the rangers will continue the misinformation over Labor Day weekend.
As most of you know, the Parks Department has taken the battle statewide. In a blatant reversal of their position, the DPR chose to request publication of the Appellate Court opinion, which has the effect of abrogating the Cahill/Harrison regulation state wide. Their reason for doing this has been stated as: to avoid the significant cost of litigating the issue at other state parks, thereby giving them the ability to close other traditional clothing optional beaches at will. Clearly, what happens at San Onofre will certainly affect our right to be nude in other state parks.
We recognize that the level of resistance and the extent one will go to fight injustice is an individual decision. However, we must take a stand here and now to protect our nude beaches in California. There is nothing to be gained and much to be lost by acquiescing to government tyranny. It’s a matter of LIBERTY! The founding fathers of our country would be proud of us for standing up against big government. Information about what happens if you get a citation is available here: http://www.friendsofsanonofre.org/whatif.htm
Friends of San Onofre Beach and the Naturist Action Committee intend to make sure that those who receive citations in this circumstance will not have to bear the full burden of dealing with the courts. First, it must be remembered that the original court order is still in place and enforceable. So, any citations issued should be easily dismissed. Also, if citations are issued, we will be back in court
asserting our right to enforce the August 27, 2008 order.
Please continue to visit Trail 6 at San Onofre and continue to exercise your right to be nude there. If we simply walk away from San Onofre, we risk not only losing that beach, but all of the clothing-optional beaches in a Caifornia state parks.
Please report beach incidents to: NAC board member Allen Baylis 714-962-0915 - rab@baylislaw.com
MORE INFORMATION
NAC will continue to issue Action Alerts, Advisories and Updates on this issue as circumstances require. Look for them.
Details of this situation and specifics of the Cahill/Harrison Regulation and associated documents may be found on the NAC Web site:
http://www.naturistaction.org/sanonofre/
There, you will find background documents related to the Cahill Policy, the Harrison letter and NAC’s lawsuit. You will also find this NAC Advisory on the NAC Web site: http://www.naturistaction.org. Click on ALERTS, ADVISORIES & UPDATES, and look under Current Advisories.
PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!
The Naturist Action Committee remains committed to the vigorous defense of the clothing-optional use of public land. Activism on behalf of naturists can be expensive. NAC relies entirely on the voluntary financial 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: http://www.naturistaction.org/donate/
Thank you for choosing to make a difference.
Naturally,
Allen Baylis
Board Member
Naturist Action Committee
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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
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