Lenox, Massachusetts
2004

Seeking to protect naturist interests, the Naturist Action Committee successfully modified a proposed bylaw allowing regulation and zoning of adult entertainment. May, 2004

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   [MAY 08, 2004]
       The Naturist Action Committee announces its success in modifying a proposed local ordinance in the Town of Lenox, Massachusetts. A small but significant change to the wording of the new law was proposed by NAC and was approved by the citizens of Lenox in a town meeting on Thursday, May 6. The change to the wording greatly diminishes the chance that the bylaw will be interpreted in a manner unfavorable to naturists.

THE BYLAW

The Lenox planning board sought to strengthen its ability to regulate and zone adult businesses by means of a new ordinance. The Naturist Action Committee became involved when it was apparent that certain aspects of the proposal could have a negative impact on naturist activities and venues.

THE PROBLEM

The zoning ordinance was designed to regulate the location of "adult businesses," but the definition of "Adult Club" was written so broadly that it could have been applied to legitimate theaters with any nudity in a performance, doctors offices or hospitals, health spas with locker rooms, or the Eastover Resort which hosts a gathering of naturists each summer.

The problem definition:

    ADULT CLUB - An establishment offering activities or goods or services where employees, entertainers or patrons are engaging in nudity, sexual conduct or sexual excitement.

However, consider these situations involving mere nudity:

  • A theater that produces Equus, Hair or other works with nude scenes.
  • A gym or health spa with patrons who are nude in a locker room.
  • A doctor's office or hospital with patients (patrons) who may be "engaging in nudity."

NAC TOOK ACTION IN LENOX

NAC Area Representative Phil Markham worked behind the scenes, digging out information and developing analyses of the situation. Phil also maintained a valuable and very visible naturist presence at meetings of the planning board. NAC Area Rep (and board member-elect) George Winlock provided additional assistance. NAC board member Morley Schloss coordinated the entire effort and was personally involved in lining up support among non-naturists within the town.

EARLY HURDLES

Shortly after the bylaw was proposed to the Lenox Planning Board, the Naturist Action Committee proposed alternate language for a portion of the proposed ordinance. That language was reasonable and was initially viewed favorably by town officials. However, Town Attorney Hugh Cowhig rejected the substitute, saying that it deviated from the standard wording of Massachusetts General Law (MGL). Cowhig didn't mention it, but the language of the proposed ordinance (which he had drafted) also deviated from standard MGL wording. Nevertheless, town officials retreated from their earlier endorsement of NAC's proposed modification.

NAC's SECOND EFFORT PAYS OFF

When it became appropriate, the Naturist Action Committee retained a local attorney to assist its efforts. Through its attorney, NAC secured the cooperation of local officials. The offending definition in the proposed ordinance could be fixed by deleting the comma (,) after the word "nudity" in the definition and inserting the word "and." The ordinance would then more clearly apply only to its intended target.

SUCCESSFUL OUTCOME

At the town meeting on May 6, the NAC-initiated revision to the proposed bylaw was actually offered by the Chair of the Lenox Selectboard. Another selectboard member seconded the amendment, and the Town Attorney endorsed it. The revision was accepted unanimously by the citizens in attendance, and the amended bylaw was adopted.

It is significant to note that the success in Lenox came without settling for an exemption for nudist clubs. In fact, Lenox serves as an example of a situation in which such an exemption would have been meaningless.

THE 2004 EASTERN NATURIST GATHERING

Eastover Resort in Lenox is the host of the 2004 Eastern Naturist Gathering, presented by The Naturist Society. This year's event takes place June 21-27. Eastover is not a nudist resort. It is a clothed resort 51 weeks of the year.

The 2004 Eastern Naturist Gathering was never at risk. Informal assurances had protected this year's event. NAC's success in modifying the ordinance allows naturists to be assured that future protections won't have to rely on informal promises.

 

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