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. 

San O New York Times Article 8.26.08

The New York times article came out (link). There are a few points that are misleading to the reader that I will address. 

In the 4th paragraph, the reporter states there has been sex on the beach. I have never seen anyone or heard of anyone having "sex" on the state side of San Onofre. When you hear sex, most people think of fully engaged love-making. We all know it happens on the military side on occasion, but even then, it's usually very far south on the Marine base and it's usually gay men. The state has no control over what happens on the Marine base and it is a completely separate issue from the traditional clothing-optional beach on the state park side. To most people it looks like one big nude beach, but it's not.

The media really needs to get that there is a definite distinction between the Marine base beach and the state beach and that the state has no control over what happens on the Marine base. The state park officials need to STOP grouping together what happens on the federal property with the traditional clothing-optional beach on the state park side. 

Also in the same paragraph 4, "Park workers, in violation of their civil rights, have been sexually harassed by nude patrons". WTF is this? I have never heard of naturists sexually harassing anyone on the beach. This is just completely BS. I heard the same thing on a television news report.  Show me the crime report where this happened Mr. Haydon, I'd love to see it. Oh and, finding condoms, sex toys or pornography in a restroom in the parking lot 2 miles from the clothing-optional beach is not sexual harassment and has nothing to do with the nudist or naturist beach. 

In the same paragraph 4, "More inhibited members of the public have complained after stumbling upon the nude section of the beach, a 1,000-foot stretch at the southern tip adjacent to the Camp Pendleton Marine base." Well, a simple sign that naturists have been asking for, for years would curb that problem easily. 

Paragraph 5 "The new parks department supervisor for the region, Richard Haydon, said that contrary to the belief among nudists that he had a vendetta against them, there had been a recent increase in complaints, though he would not give details. In the past decade, Mr. Haydon said, there have been 180 citations for illicit behavior." First off, I think Mr. Haydon does have a vendetta against the nudists. I also believe a lot of this is about ego for Haydon and looking good to the people in the DPR. "Oh look, I saved the world from the peaceful nudists at San O!" Give me a break. As far as the citations are concerned, how many of those were on the actual clothing-optional beach on the state side? My understanding is the majority of the citations were cited in the parking lot, on the marine base and other areas unrelated to the state recognized clothing-optional beach. 

Bottom line, the DPR officials are not being completely forthright and honest about some major distinctions at Trail 6.

Link to full story:

http://www.nytimes.com/2008/08/27/us/27nude.html

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

KGTV 10 Report on San Onofre Beach Nudity Ban

Nude Beach Under Attack! (Save Trail 6)

San Onofre Beach at Trail 6 has been a clothing-optional haven for nature lovers for over 30 years. Now the the California State Park System is planning on taking away this small stretch of clothing-optional paradise unless we all speak-up!

On May 19th 2008, Ruth Coleman, Director of California Department of Parks and Recreation had issued an order revoking the longstanding "Cahill Policy" as it applies to the San Onofre trail 6 area, effective Sept. 2, 2008. The day after labor day.

Allen Baylis, an attorney, said the naturists have a right to be nude at Trail 6 because of the Cahill Policy, written in 1979. The rule states that "enforcement of nude sunbathing regulations within the state park system shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations."

Please see www.friendsofsanonofre.org and www.sanonofree.org for more info and to learn what you can do to help save the beach! Also see what other's are saying here: san onofe nude beach blog

If you have not done so already, please write or email DPR Director Coleman at:
Director Ruth Coleman
Dept. of Parks and Recreation
1416 Ninth Street,
Sacramento, CA 95816
E-MAIL: director@parks.ca.gov
DIRECTOR'S OFFICE TELEPHONE: (916) 653-8380
DIRECTOR'S OFFICE FAX: (916) 657-3903

and

Governor Arnold Schwarzenegger
Phone: 916-445-2841

State Capitol Building
Sacramento, CA 95814
E-mail link on site at: www.sanonofree.org

We are looking for people to interview for our next video about the San Onofre State Beach nudity ban. Please email namastemedia@aol.com We are doing the interviews online via skype video conferencing and in person at the beach.