*********************************************************** * ACTION ALERT - NATURIST ACTION COMMITTEE * * _______________________________________________________ * * Bob Morton, NAC Chair / Exec Dir: ctnudists@aol.com * * Joanne Sampey, NAC Bd Member: jsxt@juno.com * * Scootch Pankonin, Gov't Affairs: scootchdc@aol.com * * Dennis Kirkpatrick, Online Rep: nat@tiac.net * *********************************************************** Date: May 18, 2000 www.naturistsociety.com/NAC State: New Jersey NEW JERSEY SENATOR INTRODUCES BILL TO INCREASE JURISDICTION OF LOCAL ANTI-NUDITY LAWS To all Naturists: New Jersey State Senator James Cafiero (R-Cape May) has introduced a legislative bill to extend even further the reach of local anti- nudity ordinances. The bill, S1225, increases the enforcement authority of municipalities so that local anti-nudity ordinances would be applied not only to state owned land, but also to all other lands within municipal borders which are under the jurisdiction of the State of New Jersey. That would include all lands controlled by, managed by or leased by the state. HISTORY The intent of Cafiero's new bill is to close a loophole that was left in a similar bill he introduced a year ago. That bill (S1912) was passed into law in 1999 and presently permits municipalities to enforce anti- nudity ordinances on state-owned land, but it makes no reference to federal land administered by the state. The claimed purpose of last year's legislation was to rid the Higbee Beach area of lewd behavior, which Cafiero and others associated with the tradition of nudity at the beach, despite abundant evidence establishing that the scores who used the beach for nude recreation were not the same few who engaged in lewd activities in the dunes and in parking lots on the far periphery of the beach. Local officials ignored existing laws that would have allowed them to deal directly with the lewd behavior. Instead, Sen. Cafiero insisted that a new state law dealing with the elimination of all nudity was the only solution. As an aid to Sen. Cafiero so clearly put it, "From a management standpoint, you don't have to stand there and distinguish between the good naked people and the bad naked people." THE RUSE Of course, the real motive behind the law proved to be the intent of the State of New Jersey to develop the Higbee Beach area for commercial tourism. Nudity on the beach was deemed to be incompatible with the multimillion dollar visitor's center and the tour trail destined to cut through the heart of the traditional clothing-optional site. RECENT DEVELOPMENTS Local resident Bill Vogt, determined to highlight the omission of federally owned property from the law allowing municipal anti-nudity laws to be enforced, staged an incident that resulted in a municipal citation for nudity on a piece of property owned by the Army Corps of Engineers. Because of the technicality, Vogt beat the ticket in New Jersey Superior Court, but it was that court decision that prompted Sen. Cafiero to file S1225 just a few days later to close the loophole. OBSERVATIONS It can be argued that Bill Vogt's test of the law was ill considered, but his activity on the beach was certainly not lewd. In his haste to crush the last remnant of mere nudity at Higbee, Sen. Cafiero's contention that his legislation was intended to target lewdness is now exposed to be the lie it always was. WHAT YOU CAN DO The Naturist Action Committee asks that you contact as many New Jersey legislators as possible. Time is short. Sen. Cafiero's bill last year was expedited with lightning speed through the state legislature, and there is no reason to believe that this year's bill will be any different. A complete list of New Jersey senators and representatives may be found under the ALERTS section of the NAC web site: www.naturistsociety.com/NAC FACTS TO CONSIDER 1) NAC urges you to write, fax, call or e-mail as many New Jersey legislators as possible. 2) The Assembly version of the bill (A2412) has been assigned to the Assembly Local Government Committee, so it is especially important to target representatives on that committee. Members of the committee are specially identified in the list of New Jersey legislators on the NAC web site. 3) No Senate committee assignment has been made yet. 4) In your correspondence or your call, identify yourself by name and address. Anonymous letters and calls are generally ignored. If you are a New Jersey resident, it is especially important that you write and identify yourself as a New Jersey voter. 5) Clearly identify the bill to which you are opposed. Since either legislative house may end up voting on the version introduced in the opposite house, it's probably best to identify the bill by both its Senate and Assembly numbers. The Senate version is: S1225. The Assembly version of the same bill is: A2412. 6) Sincerely ask for the lawmaker to vote AGAINST S1225/A2412. 7) Here are some reasons for lawmakers to oppose S1225/A2412: a) The bill attempts to create a situation of "federal preemption," which will surely face expensive legal challenges in the courts. The State of New Jersey had to give thousands of dollars to Lower Township in 1999 to defend itself against exactly this kind legal challenge to Sen. Cafiero's original flawed bill. How much taxpayer money will be required in 2000 and beyond for this new legislative fiasco? b) The bill has clearly gone beyond Sen. Cafiero's originally declared intent of targeting lewd behavior. Even if that original intent were true (which it has been shown not to be), this legislation is overkill, targeting by name a married couple who have chosen to pursue nude recreation on a narrow strip of federal land. Such specific lawmaking is an abuse of legislative power. c) Other, less heavy-handed, remedies are available. Sen. Cafiero is once again attempting to address a local situation in his district by applying the clumsy closed fist of statewide law. d) S1225/A2412 would make bad law. Its imprecise wording is no better than last year's flawed version. The concept of allowing enforcement of municipal ordinances on federal lands exists nowhere else in New Jersey law. RESOURCES For a synopsis of the bill, a complete text of the bill, and a complete listing of all New Jersey legislators and their addresses, go to the NAC web page: www.naturistsociety.com/NAC Click on Alerts, Advisories and Updates on the main NAC page and go to "Current Alerts" for access to a copy of this NAC Action Alert and its supporting resources. The Naturist Action Committee (NAC) is the volunteer political arm of The Naturist Society. NAC exists to advance and protect the rights of Naturists throughout North America. NAC has no membership roster on which to assess dues and is dependent upon your voluntary contributions to accomplish its mission. In addition to writing to officials in New Jersey, you may help NAC to continue its defense of Naturists by making a generous donation today. NAC P.O. Box 132 Oshkosh, WI 54903 Thank you for choosing to make a difference. Naturally, Joanne Sampey NAC Board Member Cheltenham, Pennsylvania