Nude Beach Blog

Saving the Nude Beach Update 9.03.08

State parks to appeal ruling on nude sunbathing at San Onofre

 

NOT OVER YET.. MAN THESE GUYS DON'T KNOW WHEN TO QUIT ! - Officials seek to overturn an Orange County judge's decision that allowed swimming and sunning in the buff at Trail 6. The department denies that a policy change on the issue needs a public hearing.

By Susannah Rosenblatt, Los Angeles Times Staff Writer 

September 4, 2008 

The battle to bare it all rages on -- state parks officials filed a notice of appeal Wednesday to overturn an Orange County judge's recent ruling allowing visitors to Trail 6 at San Onofre State Beach to swim and sunbathe in the buff, a department spokesman said. 

Responding to complaints of lewd behavior, parks officials earlier this year warned of a crackdown at the longtime nudist spot just south of the San Diego County line near Camp Pendleton. 

The clothing-optional crowd took the California Department of Parks and Recreation to court, arguing that any change in policy toward naked beachgoers required a public hearing. Orange County Superior Court Judge Sheila Fell agreed with the naturists, and the frolicking au naturel continued. 

Parks officials "respectfully disagree with the judge's ruling," spokesman Roy Stearns said Wednesday. 

According to Stearns, the decades-old memo stipulating that nudity should not be subject to enforcement unless a member of the public complains "is not a regulation," as Judge Fell had determined. Regulations, Fell ruled, are subject to public hearings when altered. 

The policy "was never adopted as a regulation, but rather was an internal guidance for our peace officers, and we shall now take that argument to the appeals court," Stearns said. 

The notice of appeal "illustrates the lengths to which the parks department will go in order to avoid the inconvenience of having to listen to the public that they're supposed to be serving," said R. Allen Baylis, the Huntington Beach attorney and naturist activist named in the original lawsuit -- and a regular fixture at Trail 6. 

"They're going to have to really do some fantastic legal work in order to get this ruling overturned." 

Judge upholds nude sunbathing along stretch of San Onofre State Beach - LA TIMES

LA TIMES:

Judge upholds nude sunbathing along stretch of San Onofre State Beach

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, Los Angeles Times Staff Writer 
6:21 PM PDT, August 27, 2008

Visitors to a stretch of San Onofre State Beach will still need extra sunblock for those hard-to-reach places, thanks to a legal victory Wednesday for nudists who frequent the spot.

Orange County Superior Court Judge Sheila Fell ruled that state parks officials can cite sunbathers and swimmers in the buff only if a member of the public complains.

After complaints of lewd behavior earlier this year, state parks officials announced a crackdown on bared bodies at Trail 6 near Camp Pendleton in northern San Diego County. Signs warning against nakedness appeared, and parks officials warned that after Labor Day, beachgoers in birthday suits would be cited.

The naturists sued the California Department of Parks and Recreation, claiming that tighter enforcement -- a departure from a decades-old tolerance of beach bumming sans clothes -- required a public hearing.

"It's going to be a nice, happy weekend," said R. Allen Baylis, 53, a Huntington Beach attorney and head of the nudist activist group Friends of San Onofre, both petitioners in the suit. "We're really pleased that the court agreed with our position. It shows that the government has to be responsive to the public that they serve."

The state parks department had long abided by a policy outlined in a 1979 memo from the then-director of the department, saying that undressed visitors would be subject to enforcement "only upon the complaint of a private citizen."

Judge Fell's ruling stipulated that any change to that policy was subject to a public hearing under the Administrative Procedure Act.

State parks officials had not received a copy of the ruling by late Wednesday afternoon. But even though they "don't agree" with the court's decision, they plan to follow the judge's directive, said Ken Kramer, state parks district superintendent.

As for whether the department plans to appeal the decision, schedule a public hearing or maintain the bare-it-all status quo, "it's premature to say what our next steps might be," said department spokesman Roy Stearns.

Other state park sites allow skinny-dipping and naked volleyball, among other pursuits, but Wednesday's ruling applies only to San Onofre.

"It makes no more sense to be offended at the site of a nude human than it does to be offended at the sight of a redwood tree," Baylis said.

He suggested that parks officials tighten up enforcement in the beach's parking area, known as a popular cruising site advertised on Craigslist.com, a problem he said was unrelated to nudists.

For his part, Baylis plans to catch some rays this weekend and hand out naturist fliers, wearing only his mustache.

His only worry? "I might run out of sunscreen."

susannah.rosenblatt @latimes.com

COURT ISSUES FINAL RULING IN FAVOR OF NATURISTS for San O!

COURT ISSUES FINAL RULING IN FAVOR OF NATURISTS IN SUIT AGAINT DEPARTMENT OF PARKS AND RECREATION

Late in the afternoon on August 27, Judge Shelia Fell issued her FINAL ruling on our Petition for Writ of Mandamus. The final ruling mirrored the tentative ruling of August 19. This ruling affirms the fact that nudity is legal at Trail 6 (and all other traditional clothing optional areas within the State Parks) unless a complaint is received from a member of the public. Also, the ruling affirms that the Department must conduct public hearings in accordance with the Administrative Procedures Act prior to making any changes in its enforcement policy regarding nudity within the State Parks.

 

Where do we go from here? The DPR essentially has three choices. First, it may choose to move forward with the proposed change in policy and proceed in accordance with the Administrative Procedures Act. Second, they may appeal the Court's ruling that came out today. Or, third, they may choose to simply stick with the existing policy. It is our hope that if they choose to retain the status quo, we will be able to work with the DPR in order to improve the park for the benefit of all the visitors and employees of the DPR alike. In any case, the Naturist Action Committee and Friends of San Onofre Beach are ready to proceed in which ever manner is appropriate depending on what path DPR chooses to take.

We deeply appreciate the support of all of you who participated in making this ruling possible, whether by writing letters, making donations or simply kind words of encouragement on the beach. Keep up the good work!

This should be a reminder to everyone of the importance of being affiliated with a national organization that supports clothing optional beaches and understands exactly how to protect and advance the rights of naturists. I strongly encourage each of you to join The Naturist Society. It is TNS and its political adjunct, the Naturist Action Committee that have brought their expertise and national clout to the table to make this effort a success. Because of NAC's involvement, people from all across North America have contributed to this success. Please support those who have supported us.

Allen Baylis

President, Friends of San Onofre Beach

From LA Times:

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. 

Letter from the DPR to the Naturist Association from 2005

Came across this letter on the net today dated May 2005 from the DPR to the Naturist Association. SCNA received the following unsigned letter on California Parks & Recreation letterhead. Parts of the letter are incorrect as to the law, so we followed up with our local NAC Representative, Allen Baylis, who also is (conveniently) the head of Friends of San Onofre Beach. California Department of Parks and Recreation Orange Coast District Headquarters 3030 Avenida del Presidente San Clemente, California 92672 Southern California Naturist Association P.O. Box8366 Calabasas, California 91372 Dear Southern California Naturist Association, The peace officer staff of San Onofre State Beach would like to take a moment of your time to address your organization about some concerns relating to San Onofre State Beach, specifically the area of Trail 6. With summer approaching and as the Bluffs Campground prepares to open for camping we expect record-breaking crowds to return to San Onofre State Beach to enjoy the beach and escape from the inland heat. Large numbers of people come to the Trail 6 area to enjoy nude sunbathing in an area that has not been designated by the California Department of Parks and Recreation as a clothing-optional area. Just as a reminder to your organization, there are no areas in any California State Park unit that have been authorized for nude sunbathing or as a clothing optional beach/ area. With this in mind, the Orange Coast District Peace Officer Staff enforces the violation of the California Code of Regulations, Section 4322: Nudity, in accordance with the 1979 memorandum developed by past California State Parks director, Russell W. Cahill. "The enforcement of the nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations and arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations." As the populations of surrounding communities continue to grow and with the advent of the Internet, the amount of people coming to the Trail 6 area continues to grow as well. In the past few years there has been an increasing amount of citations issued or arrests made for persons who have engaged in lewd conduct and/ or indecent exposure in the Trail 6 area. For many newcomers to this area there appears to be confusion between nude sunbathing and lewd sexual activity at a public beach. The State Parks Peace Officers of San Onofre State Beach have also cited/arrested persons who have admitted to being members of local and national naturist organizations, including a member of The Naturist Society. We know that The Naturist Society and The Friends of San Onofre Beach along with other naturist organizations work diligently to educate the people who visit these areas that "Nude is not Lewd". The primary purpose of this letter is to ask you and your membership, as well as those organizations that you affiliate with to continue your diligent education of people who use San Onofre State Beach for nude sunbathing. We ask that you remind your members that lewd activity and indecent exposure are serious violations of California law and any persons found engaged in lewd behavior will be cited and/or arrested. All acts of officer observed lewd conduct will be documented and all cases will be sent to the San Diego County District Attorney's office for prosecution of those individuals who take it upon themselves to violate the law. Organizations like yours have worked hard and your members have sacrificed time, money and energy in preserving a way of recreation that they enjoy and want to preserve for others to enjoy. There are individuals that are engaging in inappropriate behavior in these areas that in turn are destroying the privilege that you have protected and worked so hard to preserve. If you have difficulty in attempting to approach these individuals or you encounter resistance while attempting to educate them do not challenge them. We highly recommend that you attempt to contact a State Park Ranger or Lifeguard and summon them for assistance. Additionally, if you are noticing inappropriate behavior while visiting the beach contact a Ranger or Lifeguard.

Our goal is to provide and maintain a safe environment for a wide array of visitors to San Onofre State Beach. We would greatly appreciate your assistance in helping our peace officers in obtaining this goal. Enclosed is an abbreviated reminder of rules and regulations that are tailored for the Trail 6 area of San Onofre State Beach. This is an abbreviated listing and not all of the regulations are present. Sincerely, California Department of Parks and Recreation Orange Coast District San Onofre State Beach State Park Peace Officer Staff Enclosure (1)

Saving the Nude Beach Update 8.24.08

Allen Baylis from Friends of San Onofre Beach gives an update as of 8/24/08 on the Naturist Action Committee's court case against the California Department of Parks and Recreation regarding the closing of the clothing-optional beach at San Onofre State Beach.  

For more info, please see www.friendsofsanonofre.org

Will the court smile upon the naturists?

JUST FOR FUN -Photo op.
An artist's bluff sculpture at trail 6 and the sculpture's view of the clothing-optional beach in front of him. Is he smiling upon the nudists, or the state parks? He looks a bit corporate, devient and calculated. But still, I think he is pro nude beach. With a view like that, why wouldn't he be?

Signs coming down at San Onofre Trail 6?

Below is the synopsis of what happened today at Orange County Superior Court in regard to San Onofre Trail 6 remaining a clothing-optional beach. Also see the story from NC Times here

I was on the beach all day today interviewing beachgoers on the clothed and clothing-optional areas of Trail 6. Once again, even the people on the regular clothed beach are for the beach remaining clothing-optional. 

There were many reporters at trail 6 today in anticipation of Judge Sheila Fell's decision. Some of the regulars were a bit nervous about having cameras roaming the beach. But overall, most were okay with it knowing it is important to get the story out. 

Video of today's interviews coming soon.

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.

   http://www.naturistaction.org/sanonofre href="http://www.naturistaction.org/sanonofre">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

Nude Beach Activists

We ran into Roy and his friend Brian today at Blacks Beach. They spent the day gathering signatures to send to DPR's Ruth Coleman in support of keeping San Onofre clothing-optional. We talked with them on camera (video coming soon). Good work guys.

NATURIST ACTION COMMITTEE ACTION ALERT

NATURIST ACTION COMMITTEE ACTION ALERT

THE CAHILL POLICY

Since 1979, the California Department of Parks and Recreation has operated under a policy put in place by then-DPR Director Russ Cahill. The policy came in the form of a memo issued to senior staff, explaining Cahill's decision not to designate clothing-optional areas in state parks. It also directed that citations for nudity in state parks would only be issued following a complaint and a failure to comply after a subsequent warning.

The policy has been in continuous effect since it was issued. It figured prominently in an important court case ( California v. Bost) and was reaffirmed by CA Parks Deputy Director Jack Harrison in 1988.

Details of the Cahill memo, the Bost case and the Harrison letter are included on the NAC Web site, along with the text of California Code of Regulations, Title 14, Section 4322, which is the authority under which the Director proposes citing those who are nude at San Onofre.

WHY THE CHANGE NOW?

Naturists are always alert to the negative effect that illicit sexual activity can have on clothing-optional beaches. The regulars at many clothing-optional areas are quite effective at educating and discouraging those who would endanger the beach through sexual activities. At San Onofre, the problem has been diminished greatly in recent years, due in large part to those who really care about continued clothing-optional use of the beach.

The traditional clothing-optional beach at San Onofre is adjacent to Camp Pendleton , a Marine Corps training base. Although those who wander onto the military base are subject to arrest for trespass, the area is lightly patrolled. For those who seek sex in the open, the military beach has become the site of choice, and the razor wire field fencing at the property line has proved to be no obstacle. Naturists have shown reluctance to pursue the scofflaws onto the military base, and State Park Rangers have no authority there.

Recent retirements among those in the CA Parks management team responsible for San Onofre have brought replacements who are intolerant of clothing-optional recreation. Instead of encouraging and allowing the cooperation of naturists in policing illicit activity, Rich Haydon, the new manager who took over at the beginning of this month, has featured the nearby sexual activity in his reports, using it as an excuse to request permission to put an end to recreational nudity at the beach. Haydon has reportedly represented to his superiors that a majority of those who come to enjoy the clothing-optional beach are participants in illicit sex there.

The response from CA Parks headquarters in Sacramento was the revocation of the Cahill Policy as it applies to San Onofre. The Department is reportedly seeking to insulate itself from sexual harassment claims by park employees who have complained recently of a "sexually-charged atmosphere." That sort of complaint is customarily reserved for employer-employee or co-employee interaction, and it inappropriately ignores the fact that State Park rangers are peace officers with a duty to arrest those who engage in illicit activities.