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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District has published the previously unpublished ruling it rendered last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The unpublished ruling applied only to San Onofre State Beach.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:
http://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: http://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:
http://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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Tuesday, July 21, 2009
NAC Advisory - California
Sunday, July 19, 2009
NAC Alert - Florida
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NATURIST ACTION COMMITTEE
ACTION ALERT
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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 19, 2009
SUBJECT: Florida: Key West
TO : Naturists and other concerned citizens
Dear Naturist,
Together with local naturist groups, the Naturist Action Committee is asking for your immediate action on an important matter in Florida. With permission and by request, this NAC Action Alert follows (and is largely taken from) a similar alert released by South Florida Free Beaches/Florida Naturist Association, B.E.A.C.H.E.S. Foundation Institute and the Florida Keys Free Beaches Committee.
NAC asks that you email and/or fax a letter immediately to Key West city officials, requesting designation of a clothing-optional beach in the City of Key West. Details follow.
BRIEF BACKGROUND
South Florida Free Beaches (SFFB)/Florida Naturist Association (FNA), B.E.A.C.H.E.S. Foundation Institute and the Florida Keys Free Beaches Committee have been working to establish a designated clothing-optional naturist family beach in Key West, a European-style facility in the tradition of Haulover Beach. The selected section of beach is located at the east end of Smather's Beach.
For the past several months, the local naturist team has met with members of the county and city commissions, the city manager, and other community leaders, providing them with information required to make an educated and informed decision. Comparative information shows an economic impact of about $900 million annually with 2008 parking revenues of $1,770,834 from Haulover's clothing-optional beach.
On Tuesday, July 7th, naturist leaders spoke before the Key West City Commission, presenting the economic impact that would be the projected
result of a designated naturist beach.
CURRENT STATUS
The Key West City Commission is composed of six commissioners and a mayor. The mayor votes when there is a tie vote of the commission. Naturists have three firm votes in favor of a designated clothing-optional beach. The mayor has stated he would vote against a designated beach if there is a tie vote, even though recent local Florida Keys polls have been favorable to a designated naturist beach.
This coming Tuesday, July 21, City Commissioner Bill Verge intends to offer a resolution that would place the issue of a designated naturist beach on the ballot for an October referendum vote, in which the citizens of Key West would cast their ballots directly on the issue. An unfavorable referendum vote would have serious delaying consequences. The strategy of Commissioner Verge is to preempt the City Commission with a vote of the people, forestalling the Commission's future consideration of a designated beach.
Some Commissioners are already concerned that a Commission vote in favor of a designated beach will result in a church-sponsored backlash among registered voters. However, there are other ways to facilitate a clothing-optional beach without requiring Commissioners to vote directly for the issue. One alternate path includes a carefully crafted revision of the City's existing anti-nudity code.
NATURIST POSITION
This issue does not require a voter referendum. Commissioners are elected to make the tough decisions, and this decision is not as difficult as many others. The establishment of a clothing-optional beach would not even require the expenditure of city money.
Naturists have the support of the Lodging Association, the Hotel Association, the Business Guild and most members of the Chamber of Commerce, as well as the support of local media.
Key West greatly values visitors and the city relies on the tourist trade. Naturists who send their E-mailed comments immediately to the City Commissioners will create additional awareness and help affirm the idea that naturists and others will spend money in Key West if they have a designated naturist beach to visit.
WHAT IS NAC ASKING YOU TO DO?
The Naturist Action Committee is asking you to do just ONE thing:
1) Immediately send your comments by e-mail, supporting a
clothing-optional beach in Key West. Send your E-mail
to Key West's mayor and city manager, to members of
the Key West City Commission and to two important
local agencies.
WHO SHOULD WRITE?
NAC is asking ALL NATURISTS and other concerned individuals to write, regardless of your residence. Key West recognizes the value of attention (and dollars) from tourists and other visitors.
WHOM TO CONTACT
Time is short. Please e-mail your comments immediately to:
Mayor Morgan McPherson - mayor@keywestcity.com
Fax: 305-809-3886
Commissioner Bill Verge - Bverge@keywestcity.com
Fax: 305-809-3886
Commissioner Mark Rossi mrossi@keywestcity.com
Fax: 305-809-3886
Commissioner Barry Gibson - bfgibson@keywestcity.com
Fax: 305-809-3886
Commissioner Teri Johnston - johnston@keywestcity.com
Fax: 305-809-3886
Commissioner Clayton Lopez - clopez@keywestcity.com
Fax: 305-809-3886
Commissioner Joe Pais - jpais@keywestcity.com
Fax: 305-809-3886
City Mgr. Jim Scholl - jscholl@keywestcity.com
Fax: 305-809-3771
Tourist Development Council (TDC) - research@fla-keys.com
Fax: 305-296-0788
Keys Tourism Agency - webeditor@fla-keys.com
NAC would enjoy the opportunity to read your notes. Please send a copy to:
NAC
P.O. Box 132
Oshkosh, WI 54903
flkeys@naturistaction.org
WHAT TO SAY?
Here are some suggested points you may wish to make:
1. Identify yourself. Anonymous correspondence is often
disregarded. If you are a past or prospective visitor
to Key West, please say so prominently.
2. Be brief and polite.
3. Request that the commissioners themselves vote on the
issue and NOT refer it to a ballot referendum.
4. Remind the Commissioners that you would visit Key West
if it had a naturist beach. Skinny-dipping and nude
sunbathing are valid recreational choices.
5. Your vacation dollars are primarily (or exclusively)
spent in cities or countries where there are naturist
facilities.
6. You visit South Florida because of Haulover Beach's
legal clothing optional status.
MORE INFORMATION AND RESOURCES
Additional information and links are available, along with this NAC Action Alert on the Web site of the Naturist Action Committee.
http://www.naturistaction.org
Select "Alerts" and find this NAC Action Alert under Current Alerts. There you will find the agenda for the July 21 meeting of the City Commission, as well as the complete text of the proposed anti-naturist ordinance.
You will also find valuable information at the Web site of South Florida
Free Beaches: http://www.sffb.com .
PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!
Of course, local naturists are accepting donations to support this effort. Additionally, however, South Florida Free Beaches has indicated that it may have to call on NAC for help as this issue moves forward. Richard Mason, President of SFFB has suggested that you consider a contribution to NAC to assure that NAC will be able to help.
The Naturist Action Committee is a volunteer nonprofit organization that exists to advance and protect the rights of naturists throughout North America. To do its job, NAC relies entirely on the voluntary generosity of supporters like you. To donate to NAC, use the address below
NAC
PO Box 132
Oshkosh, WI 54903
Or call toll free (800) 886-7230 to donate by phone using your MasterCard, Visa or Discover Card. Or use your credit card to make a convenient online donation: http://www.naturistaction.org/donate/
Thank you for choosing to make a difference.
Naturally,
Michael Kush
Morley Schloss
Board Members
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 Michael Kush - michael@gatorlake.net
Board Member Morley Schloss - morleynaturist@hotmail.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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D. Kirkpatrick......|
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Friday, July 10, 2009
NAC Update - Texas
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NATURIST ACTION COMMITTEE
ADVISORY
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http://www.naturistaction.org
**********************************************************************
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 9, 2009
SUBJECT: Success in Texas! Dangerous legislation modified, derailed
TO : All naturists
Dear Naturist:
The Naturist Action Committee (NAC) announces significant successes in the Texas legislature.
Working behind the scenes with a professional legislative lobbyist, NAC has been instrumental in derailing four Texas legislative measures that threatened the interests of naturists. NAC quietly offered substitute language for two of the bills and then worked to see that the bills were not adopted.
None of the four bills was passed into law.
SUMMARIES OF THE LEGISLATIVE BILLS:
House Bill 123 - Sponsor: Rep. Jim Jackson (R-Carrollton) - This legislation would have added "employment harmful to children" to the state's list of "common nuisances." Although the proposed new law was touted as "an additional tool to prevent children from being employed in sexually oriented businesses," it would have applied more generally to "the employment, authorization, or inducement of a child to work in a place of business permitting, requesting, or requiring a child to work nude or topless." Certain restrictions already apply in such instances. However, a naturist or nudist resort that might consider providing part time work (like sweeping the clubhouse or mowing the grass) for the nude sons and daughters of members, could additionally find itself at risk of being declared a nuisance.
Senate Bill 1307 - Sponsor: Sen. John Carona (R-Dallas) - Senate companion to HB 123 - Essentially identical in language and intent, this measure would also have added "employment harmful to children" to the state's list of "common nuisances."
House Bill 124 - Sponsor: Rep. Jim Jackson (R-Carrollton) - This bill sought to escalate to felony status the penalty for second or subsequent convictions for "employment harmful to children." Regardless of the intent, the proposed law would have increased the threat to naturist or nudist resorts.
House Bill 736 - Sponsor: Rep. Chente Quintanilla (D-El Paso) - Texas counties do not have general ordinance-making power, and the ability of counties to make regulations is limited. As introduced, HB 736 proposed to grant counties the authorization to adopt and enforce regulations having to do with nuisances and disorderly conduct. Each of the 254 counties in the state would have been allowed to create its own regulations.
BRIEF DISCUSSION:
Nuisance: Notwithstanding the existing state law addressing "employment harmful to children," naturist and nudist resorts do not wish to be characterized additionally as nuisances. From New York and Tennessee to Colorado and Oregon, laws dealing with the issue of "nuisance" have been at the center of various attempts to shut down naturist venues and activities. The Naturist Action Committee has consistently and successfully opposed the creation of laws that sought to declare nudity to be a nuisance (e.g., Tennessee 1998 HB 3203, Kansas 2000 HB 2726, Michigan 2000 SB 1293 et al.).
Disorderly Conduct: The state's existing disorderly conduct law includes the section that's most frequently used to charge individuals for simple public nudity. The state law requires "recklessness" as an element for conviction, but county regulations, if allowed, would not necessarily follow identically.
WHAT HAS NAC BEEN DOING ABOUT THIS LEGISLATION?
It was clear that this potentially damaging legislation had a chance of passage this session. The Naturist Action Committee took action quickly, hiring a professional legislative lobbyist and offering alternate language for HB 123 and SB 1307, which were companion bills.
Substitute language for HB 123 was endorsed by the legislative committee to which it had been assigned, but it was not language that was acceptable to NAC. Consequently, NAC turned its effort to seeing that none of the bills would pass into law.
OUTCOME:
None of the four bills passed into law.
HB 123 was reported favorably from the Judiciary and Civil Jurisprudence Committee after having been substituted, but the bill did not receive a floor vote in the House.
SB 1307 never made it out of committee.
HB 124 was passed by the House and was assigned to a Senate committee, but was not considered in the Senate. HB 736 was reported favorably from the House County Affairs Committee. A committee substitute changed the bill so that it would apply only to counties that have a population of 650,000 or more and are located within 100 miles of an international border. In Texas, that description fits only El Paso County, home of the bill's original sponsor. Regardless, the legislation did not make it to a vote on the floor of the House.
These are favorable and important outcomes for naturists, and especially for naturist and nudist resorts, camps and parks in the state of Texas.
ACKNOWLEDGEMENT AND THANKS:
Throughout this entire effort, NAC has had the cooperation of AANR-Southwest, a regional division of the American Association for Nude Recreation. NAC thanks AANR-SW!
WHAT IS NAC ASKING YOU TO DO?
This is an Advisory and an announcement of a specific success. The Naturist Action Committee is NOT asking you to take action at this time. The threats from HB 123, HB 124, HB 736 and SB 1307 have been disarmed. Please watch for NAC Action Alerts, Advisories and Updates on other topics of vital interest to naturists.
MORE INFORMATION:
You can access additional information on the Web site of the Naturist Action Committee.
http://www.naturistaction.org
Select "Alerts, Advisories and Updates." Under Current Advisories, you'll find the text of this NAC Advisory. The web version includes links to the texts of the various bills
PLEASE HELP NAC HELP NATURISTS:
As the nonprofit volunteer political adjunct to The Naturist Society, the Naturist Action Committee is an important first line of defense against threats to naturists and their interests. Many times, NAC identifies and deals with frightening legislation that others simply miss.
NAC stands up for private naturist and nudist resorts, parks and camps, just as it champions the clothing-optional use of public lands. Both are important, and for both responsibilities, NAC relies entirely on your voluntary support. Hiring lobbyists to defend the rights and interests of naturists is expensive. Please donate generously with a check to:
NAC
PO Box 132
Oshkosh, WI 54903
Or use your credit card to make a direct donation online through NAC's Web site: http://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
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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D. Kirkpatrick......|
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