Whither Goest Special Directive 91-3?

by  Scootch Pankonin,  NAC Gov't Affairs Representative

National Park Service Special Directive 91-3, which governed nude recreation in national park units since 1991, was eliminated by the agency's regulatory sunset initiative on December 31, 1999. The purging of excess regulation was ordered by Vice President Al Gore earlier in the present Administration as part of the "reinvention of government" initiative.

From the point of view of Naturists, the late Park Service Special Directive contained some very good features. It stated that no federal law prohibits mere nudity on federal lands, an affirmation that was a positive deterrent to minimizing ranger harassment and was a policy basis for limiting nuisance citations.

Also included in 91-3 was the requirement that before local or state laws were invoked, Park Service personnel should make attempts by "informal" means to resolve user conflicts and other situations involving nudity.

The SD also included a very bad feature, prohibiting park superintendents from the official "designation" of clothing-optional areas. The complicated legal tangle created by former superintendent Wendell Simpson at Canaveral National Seashore caused agency attorneys to examine SD 91-3 carefully. They concluded that informational signage at other clothing-optional beaches managed by the National Park Service should be removed. In the eyes of the Park Service attorneys, signage meant "designation," and designation was prohibited by 91-3.

There was no desire within the agency to remove "Beyond this point..." signs at Lighthouse Beach, Gunnison or other locations. The benefits of 91-3 were obvious, but so were the drawbacks. Senior officials at NPS consulted extensively with NAC about the self-conflicting impact of the language of the Special Directive.

When presented with the choice, park superintendents who successfully manage clothing-optional areas heartily favored termination of SD 91-3 over the option of removing advisory signage. NAC consulted with a number of Naturist leaders who work cooperatively with their local Park Service staff, before ultimately concluding that the sunset of SD 91-3 was necessary.

Park superintendents will now manage nude recreation with the same regulatory authority that governs all other park visitation and potential user conflicts. Superintendents may "close" (ban) a park to public nudity, as was done recently at Kaloko-Honokohau National Historical Park in Hawaii. They may "designate" an area for clothing-optional use. Or, as Superintendent Bob Newkirk has proposed to do at Canaveral, a portion of a park may be closed to public nudity, while allowing nude recreation in a specified clothing-optional area.

NAC recognizes that in making their decisions in the post-91-3 era, park superintendents will not only be examining usage and activity in those areas where nudity may be accommodated or designated. They will also be looking closely at the effectiveness of law enforcement and management of nudity-related issues in areas of parks where nudity may be prohibited.

With the demise of Special Directive 91-3, Naturists have reason to expect change. The Naturist Action Committee has positioned itself to be an agent of change in a direction most favorable to the responsible nude use of public lands.

[This article appeared in modified form in the Dec. 1999 / Jan 2000 issue of the NAC Newsletter.]