NAC Advisory: Ticketing at San Onofre

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NATURIST ACTION COMMITTEE
ADVISORY
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http://www.naturistaction.org
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Copyright 2010 by the Naturist Action Committee, which is responsible for its content. Permission is granted for the posting, forwarding or redistribution of this message, provided that it is reproduced in its entirety and without alteration.

DATE: March 20, 2010
SUBJECT: Ticketing at San Onofre
TO: All naturists

Greetings.

This is an advisory from the Naturist Action Committee (NAC) concerning ticketing for nudity at San Onofre State Beach in California.

The single citation was issued to an individual recently by a lifeguard at the far north end of the traditional clothing-optional area.

ORIGIN OF THE CITATION

During the afternoon of March 17, a peace officer lifeguard issued a citation for nudity at Trail 6. The victim has indicated that he and his female friend were seated near the peace sign at the north end of the clothing optional area. The officer drove up quickly and told the gentleman to get dressed. No warning was given. His female companion was wearing a bikini bottom and had her top covered with a wrap. She was not ticketed.

The victim was cited under section 4322 of the California park regulations. He has indicated he will fight the citation. In close coordination with Friends of San Onofre Beach, the local TNS-affiliated beach user group, the Naturist Action Committee is working to assist with legal issues. It is our intent to assist persons who are cited for nudity at trail 6, while they are nude under appropriate circumstances. The specific nature of that assistance will likely vary from case to case.

WE MUST NOT ABANDON SAN ONOFRE BEACH

Friends of San Onofre Beach, the Naturist Action Committee and naturists across the globe need your assistance. First and foremost, we must not abandon our beach. If we do not maintain our presence at Trail 6, the Parks Department will have successfully imposed the intolerant will of a tiny handful of bureaucrats on the large numbers who enjoy responsible clothing-optional recreation on public land. We cannot let that happen. The naturist community is depending on us to stand our ground.

A citation for violating section 4322 of the California park regulations is a misdemeanor and is certainly a legal issue that must be addressed. However, it is not as serious as many other crimes and is absolutely NOT a sex offense. A conviction under section 4322 DOES NOT require sex offender registration.

Allen Baylis is a California attorney, a NAC board member and President of Friends of San Onofre Beach. He considers San Onofre to be his home beach. As Baylis points out, "If our founding fathers had been afraid of a little legal trouble, we would still be a British colony."

WHOM TO NOTIFY OF FURTHER TICKET INCIDENTS AT SAN ONOFRE BEACH

If you witness an incident at the beach (e.g., ticketing, harassment - official or personal -, user misbehavior, or shallow burial of a large marine mammal in a recreational area), please contact Allen Baylis by phone at (714) 962-0915 or by e-mail at rab@baylislaw.com

Alternatively, you may contact NAC Executive Director Bob Morton by phone at (512) 282-6621 or by e-mail at execdir@naturistaction.org.

LOCAL SUPPORT

Throughout the ongoing ordeal with the California DPR, the members of Friends of San Onofre Beach have done an extraordinary job of pulling their own weight for the beach they cherish. To donate to Friends of San Onofre Beach, you may send a check to:

Friends of San Onofre Beach
P. O. Box 6283
Huntington Beach, CA 92615

WATCH FOR INFORMATION FROM NAC

Watch for NAC Action Alerts, Advisories and Updates on this and other important issues affecting naturists.

You may also stay informed by checking the following websites:

www.naturistaction.org/sanonofre

www.friendsofsanonofre.org

Get on the email list of Friends of San Onofre Beach by sending your request to:
info@friendsofsanonorre.org

PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

The Naturist Action Committee remains committed to issues of body freedom. Activism on behalf of naturists can be expensive, and NAC relies entirely on the voluntary financial 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 once again for choosing to make a difference.

Naturally,

Bob Morton
Executive Director
Naturist Action Committee

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Naturist Action Committee (NAC)
- PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton - execdir@naturistaction.org
Board Member Allen Baylis - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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NAC Advisory: California

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NATURIST ACTION COMMITTEE
ADVISORY
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http://www.naturistaction.org
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Copyright 2009 by the Naturist Action Committee, which is responsible for its content. Permission is granted for the posting, forwarding or redistribution of this message, provided that it is reproduced in its entirety and without alteration.

DATE: July 21, 2009
SUBJECT: California Advisory
TO: All naturists and other concerned citizens

Dear Naturist,

This is an advisory from the Naturist Action Committee (NAC) concerning an important situation in the state of California.

Responding to a request from legal counsel for the California Department of Parks & Recreation (DPR), the California Court of Appeal for the 4th District has published the previously unpublished ruling it rendered last month in the San Onofre State Beach case. The recent appellate ruling overturned a 2008 Superior Court victory by the Naturist Action Committee and Friends of San Onofre Beach, a local naturist group.

At issue is whether DPR has followed proper procedure in abruptly ending the application of the Cahill/Harrison regulation at San Onofre State Beach. Cahill/Harrison is long-standing and well-known means for managing and regulating the clothing-optional use of portions of state parks.

The unpublished ruling applied only to San Onofre State Beach. However, publication gives the ruling greater precedential effect and allows the possibility that rangers may ignore the Cahill policy and may begin issuing citations for nudity at other state parks under Title 14, Section 4322 of the California Code of Regulations.

CAHILL

It has been suggested by some that the Cahill Policy has remained in effect throughout the years entirely through the good will of the California Parks Department. If that has been so, then the good will ended in May, 2008, when Parks Director Ruth Coleman singled out San Onofre State Beach and said, "Cahill does not apply there."

From that moment, the Cahill Policy became badly damaged goods. If it could be terminated abruptly and without appropriate process or public involvement at one state park, then it could happen at any state park, at any time. So much for good will.

Trusting the good will of public officials for something as important as protection from arrest for benign behavior has never been an intelligent choice. Relying on that same promise of good will after the trust has been publicly and intentionally broken is simply folly.

CHOICES

Confronted with the crippling damage dealt to the Cahill Policy at San Onofre, the Naturist Action Committee faced a basic choice. It could accept the loss of San Onofre, it could negotiate, or it could fight.

When the Parks Department refused to negotiate, NAC chose to fight.

NAC did not, and does not, look on the Cahill/Harrison regulation as a matter of good will. It’s a regulation, and it has been used exactly as regulation by each successive administration of the California Parks Department for THIRTY YEARS.

The Superior Court accepted NAC's contention that Cahill/Harrison is a regulation. The Court of Appeal recognized it as a regulation, too, though its different view concerning quality and extent were what allowed the reversal of the Superior Court’s procedural requirements for undoing the regulation.

NAC's legal challenge to DPR’s arbitrary destruction of Cahill at San Onofre did not cripple Cahill. That damage quite clearly had already been inflicted. Trusting "good will" while waiting for the next shoe to drop will NOT restore the damaged Cahill Policy. And at NO point has it EVER been true that accepting the loss of San Onofre will somehow inoculate naturists against the similar loss of another California beach or another California state park.

TICKETS?

DPR spokespersons have given conflicting information. One predicted that the Department would "tread lightly" on the matter of citations for nudity in state parks. Referring to San Onofre, another has said that no action was planned until at least after Labor Day. The truth is that there's really no way to know for sure.

WHAT HAPPENS NEXT?

Later this week, the Naturist Action Committee will file its petition to have the case heard by the California Supreme Court.

NAC will continue to issue Action Alerts, Advisories and Updates on this issue as circumstances require. Look for them.

MORE INFORMATION

Details of this situation and specifics of the Cahill/Harrison Regulation and associated documents may be found on the NAC Web site: www.naturistaction.org/sanonofre

There, you will find background documents related to the Cahill Policy, the Harrison letter and NAC's lawsuit. You will also find this NAC Advisory on the NAC Web site: www.naturistaction.org . Click on ALERTS, ADVISORIES & UPDATES, and look under Current Advisories.

PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

The Naturist Action Committee remains committed to the vigorous defense of the clothing-optional use of public land. Activism on behalf of naturists can be expensive. NAC relies entirely on the voluntary financial 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

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Naturist Action Committee (NAC)
- PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton - execdir@naturistaction.org
Board Member Allen Baylis - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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NAC Wins San Onofre Beach Lawsuit

A California Superior Court ruled yesterday in favor of the Naturist Action Committee (NAC) in its lawsuit against the California Department of Parks and Recreation (DPR). DPR had attempted earlier this year to bypass state law regarding changes to public regulations, as it moved precipitously to end the traditional clothing-optional use of a small portion of San Onofre State Beach in San Diego County.

Click here for the NAC Update concerning this important development.