Wednesday, February 27, 2008

Nude Snowshoeing to Scenic Hot Springs

This past Tuesday (Feb 26th) was my first opportunity for a major nude hiking adventure and I so enjoyed the day that this report is going to be a major one with lots of pictures to share the sense of the day.

Tuesday was to be a break in the overcast and the warmest day of the week . . . a possibility of showers in the late afternoon (snow above 3,500ft) but for the most part nice. I needed to check the mail for Scenic Hot Springs anyway so I headed on up to Skykomish. Passing Sultan, the roadside sign stated 61F . . . warmer than I expected. So 10 to 15 degrees cooler in the mountains . . . doable. I picked up my mail, had a quick lunch at the Cascadia and then headed east towards Stevens and Scenic Hot Springs . . . unsure of exactly what the snow conditions were. I parked in the BNSF/Surprise Creek Trailhead parking area and immediately confronted this huge plowed pile of snow blocking the beginning route up to the springs. But there were old tracks over the twenty foot high pile of snow so I knew others had made the trek. Weather not too bad for 10am . . . the skies clearing with the promise of lots of sun for the afternoon.

The stub road leading to the highway (and also the back route)
to Scenic HS . . . it's behind that huge pile of snow!

Once that pile of dirty, icy snow was negotiated I was out of sight of the BNSF Yard and the highway. Off came the clothes . . . on went my snowshoes as the snow was wet, heavy and deep . . . yet not packed down enough to support weight. I left a top over my back as my body adjusted to the shade down at this level of heavy canopy. Though there were lots of boot and snowshoe tracks, they all appeared indistinct and old. I pretty much had the route to myself and was finally enjoying some extended nude time. I had no intention of taking the berm alongside Highway 2 up (something requiring me to put on clothes again). I turned off into the canopy for the back route up by way of Scenic Creek Falls.


Scenic Creek Falls (the lower ones) with the feathery tracery
of cascades into the pool. This is the knoll overlooking the falls.


I've always enjoyed Scenic Creek Falls . . . in all seasons of the year. Winter is nice because few, if any people ever seem to go this way yet it is so close to the highway. However, there were snowshoe tracks about and I noted that some of them lead off to the not-well-known back route up to the hot springs. That route is directly uphill to the left if you were facing the falls from this knoll. It is steep and difficult . . . but even more so with the heavy dump of snow we've had this year. Normally the thick canopy holds back a lot of the snow and this trail would be easy (except for the steepness.) Now I had to deal with five or six feet of slippery and treacherous snow on slopes approaching 60-70 degrees . . . and had to do that wearing snowshoes or risk falling through unseeable tree boles and wells. I followed the existing tracks up wondering how far the previous visitor had made it. Sure enough, barely halfway up and the tracks diverged in what I knew to be a dead-end. I blazed a new path through virgin snow. It's a short track, straight uphill . . . but the sunlight beckons from the top where you can finally enter the clearcut. Meanwhile, I have to contend with my snowshoes constantly breaking through weakened snow over the deadfall of previous storms. More than once I had to unhook a snowshoe and dig it out of heavy snow.

Immediately prior to entering the clearcut and easier tracking

Eventually I get to the top of this segment and can see my way out onto the open area of the BPA clearcut and sunlight.


The sun feels great. Even with my thermometer hovering around 40 to 45 degrees and a slight amount of breeze, the sun quickly warms my skin. Time to shed the rest of my clothes and enjoy a moment of vitamin D absorption . . . actually, several long moments of just enjoying the large expanse of perfect snow all about me.

The slopes are mellower up here outside of the inside trail I've just emerged from. I know there is a lot of snow beneath my feet; what I found out later was that the snow on these slopes averaged 10-20 deep and in some places, deeply fractured close to moving. Such concerns were far from my mind though . . . I simply enjoyed being out there letting the sun and slight breeze works it's magic on my skin.


Eventually I swing my pack back over my bare shoulders and head on up this second, untracked segment . . . the back clearcut to intercept the BPA maintenance Road where most visitors join the hot springs trail from FS850 a half mile further on.




The clearcut. Great snowshoeing!!!

Rising above the tower mound you suddenly see all the tracks from earlier visitors. Somewhat disappointing as the snow divets mar the otherwise perfect smooth blanket of snow. None of the tracks appear to be new . . . but all attest to how popular the springs are even with No Trespassing signs and bad weather. I wonder to myself as I make my way onto this more traveled area as to what an encountering hiker would make of a naked snowshoer. I was about to find out just a little bit further up the slopes.



Hard to tell from a distance but that is twenty feet
of fractured snow there


Remember that hillside I stood on after emerging from the canopy? The photo above gives you some idea of the amount of snow I was perched atop . . . and of the fracturing of this heavy snow that is taking place. The image does the scene little justice . . . there are subtle hues of white and ice-blue crystalization in those snow layers . . . heavier snow on top and a melt going on in the Cascade Concrete. As if to add emphasis to just how dangerous this stuff could be, in the distance I hear the boom of avalanche control going off in the distance near the Pass.

While I'm studying the fractured snow and taking photos, two pitt bulls come scurrying down the upper BPA road. A moment later, their owners appear . . . all dressed up for some serious winter weather. So much for having the mountain to myself . . . instead of worrying about what they might think of a crazy nude hiker on the snow, I wonder about more mundane things like 'where did they park?' I hadn't seen another car at the only reasonable parking area. We exchange hellos and I ask about the springs. "Utopia!" is an happy answer as I'm passed with nary a sideways glance . . . except for a thumbs up and 'Rocking, man'.

Leaving the BPA Maintenance Road with it's wide open exposure over the Tye River Valley, Wellington and Stevens Pass for the sheltered, though ample, trail up to the hot springs is anti-climatic in a way. I feel a slight claustrophobia even though the trail is a full fifteen feet wide . . . a subdued feeling compared to the exhilarating expanses of the clear-cut. Quieter, as well . . . the sounds of far off traffic on Highway 2 gone . . . the senses attuning to the rustle of boughs occasionally unloading snow matched by the steady crunch of my snowshoes biting crisp, shade-protected snow. The first major treat to the senses is the fall of water to the left from Honeymoon Springs accompanied by a shroud of ground-hugging steam across the trail. Honeymoon Springs cuts across the trail and no amount of snow can long stand the ever-warm water from springs sources so near by. I have to carefully climb down the eight foot swath created by the springs effluent and then climb back up the other face. The year before I had to repeat this exercise twice more at where Meadows and the Main Springs runoff cross the trail. Not so this year. The snow continues to hold it's own.


Rock Alley . . . completely filled in with snow
Stay left here!

The snow actually helps. Rock Alley has stopped many people in past winters with it's insurmountable vertical walls of snow. This time it is filled in completely, making a smooth transit up. Eventually I make it past the worst of the steeper sections above and make the switchback to the bench above the hot springs.

Looking down, there is no way to make the traditional access. Twenty-five feet of sheer vertical, unstable snow. I have to backtrack and attempt my way in from above to old latrine. Gratefully I set my backpack down and anticipate immersing myself in that inviting water.

The snow around Lobster Pool. The best access is through
the gentle area just to the right of the tree trunk



Of course, I had to explore the snow pack, trying to figure
out how to take measurements from the sources


A large block of snow ready to fall down to the pool area



The reward for hiking up. Good flow, 105F in the cooler pool, 110-115 in the back one. Both pools could use a good scrubbing and siphoning but it seems the hose is buried beneath a lot of snow.

It started to rain a little while I soaked. Eventually, that let up but I kept watching the clouds forming up as the afternoon waned and knew temperatures in the mountains would soon drop. My thermometer said high 30's. I started down, fully reheated and just as nude as before.

Snowshoeing downhill is harder than going up. You must constantly plant and dig the cleats into the icy snow or risk falling on your bare butt . . . something I did a number of times on my way down. I also figured out I was out of shape as my quads started cramping up from the unnatural use of muscles attempting to control my descent.

I ran out of daylight about halfway back. Out came the headlamp . . . off stayed the clothes. I felt fine. No shivers, energy good and feeling unchilled. The worst of the descent would be under that canopy where I needed to see the trail and avoid pitfalls. Didn't work too well and at one time I had to dig my leg and snowshoe out of a very deep tree well while laying on my back, head down on a very steep slope . . . in darkness. I never had any strong desire or need to put clothes on . . . that may have protected my bare skin from the abuse it was taking. But I was glad to eventually get back to the large snow berm at the BNSF yard that shielded me from my car . . . and put some clothes on. What a great day . . . even if I did have to soak away aching muscles in my bathtub at home.

Thursday, February 21, 2008

Olympic Hot Springs: A Soak and Vandalism

A contributor offers this about a recent trip to Olympic Hot Springs:
I just recently returned from a over night amble under a full moonlight and over deep patches of snow drifts. We parked about 2 miles from the trail-head at Look Out Point arriving in the early evening. The hike was a bit hairy and technical at time, leaving you clinging to snowy embankments and looking down as sharp descents. But the reward was to soak our bones in the upper pool, without a soul in sight for probably 20 miles. The major disappointment is returning to the truck the next afternoon to discover the cab window completely shattered out, the doors open, and stereo speaker wires dangling about under the dash. Yes, my friend has his latest stereo toys jacked along with a cell phone, back pack, one shoe (go figure), and my pair of REI pants. So, if you get up the courage to go soaking in the more dormant time at Elwa, be sure to keep personal items in the vehicle to a minimum and concealed or have some one drop you off. The lunar eclipse on th drive home reminded us of how fortunate we really are.

Wednesday, February 20, 2008

Wish List: Hiking Kilt


Mountain Kilt

The ultimate in trail comfort: chamois-lined, conical waist, durable quick-dry fabric and plenty of pockets compliment our rugged, hiking kilt.


MSRP: $50.00
WHERE TO BUY

I pick mine up at REI tomorrow!!!!



Usage
Backcountry

Weight
0 lbs, 5 oz /142 g

Body

Lining


Buckle waist closure
Chamois-lined seamless conical waist
Integrated webbing belt
Left side hand pocket
Right side lower cargo pocket with hidden zip

The History of the Air Bath

"Dr. Franklin is credited by the Boston Journal of Chemistry, March 1883, with the discovery of a sanitary or curative agent called the air bath."
Quarterly Epitome of American Practical Medicine and Surgery, Published 1883, pg 148-9, Google digitized copy (pdf 28MB)

"Man is made to live in the open air; therefore when exposed to the action of light, air and sun, he is in his real element." Arnold Rikli, (Historical note in the Biologic Effects of Light Symposium, 2001)

"The skin requires air just as much as the lungs do."
"
Take off every article of clothing. Don't retain the smallest kind of garment, for if you do, you are getting but a partial air bath. Partial air baths give but partial benefits."
Manual of Serum Diagnosis by Bernarr Macfadden, Otto Rostoski, Published 1904, J. Wiley & sons; London , Chapman & Hall , limited Google digitized copy (pdf 4.7MB)


Excerpts from:

Shelton, Herbet M. The Hygienic System, Vol. III, Fasting and Sun Bathing.
San Antonio, Texas: Dr. Shelton's Health School, Third Revised Edition, 1950. First Published 1934.


The Air Bath

Sun-baths, light-baths, and air-baths are collectively referred to by Rikli, Monteuius and others as the atmospheric cure. The literature on the subject is so confused that one often has difficulty in determining which bath is being considered. I have tried to avoid this ambiguity of language.

One cannot take a sun-bath or light-bath without also receiving an air-bath, but the air-bath may be taken in one's own room, or in the darkness of night. It does not depend on the presence of light. It consists simply in exposing the nude body to the air.

Dr. Trall considered the air-bath as admirable in cases of scrofula, rickets, and other conditions. Rikli declared: "Man is made to live in the open air; therefore when exposed to the action of light, air and sun, he is in his real element. As a natural agent, water takes only an inferior place, above it comes air, whilst light takes precedence over every other natural agent, and is the greatest essential wherever organic life exists. The nervous system which is an inherent principle of our organism is acted upon by light, especially through the skin. The purposes of the air treatment is the strengthening of the skin by restoring its natural functions and vitality and elasticity it has absorbed from its primitive state when directly in contact with the skin."

Saleeby quotes the French students as saying, "Baths of water are good, baths of air are better, baths of light are best." This is but a shortening of Rikli's statement above.

Benjamin Franklin was in the habit of taking air baths each morning in his room. He made some efforts to induce others to adopt the practice and speaks highly of the benefits he derived therefrom. Franklin particularly desired to divest himself of all clothing when doing mental work. Adolph Just, of Germany, also lays great stress on the air-bath.

Air playing over the body may increase metabolism fifty per cent in ten minutes. Thyroid extract, medicine's only claimed stimulant of metabolism, is said to require a year to accomplish this same thing. An air-bath of twenty minutes duration reduces the hydrogen-ion content of the blood to normal. No drug method known can do this in any length of time.

Dr. Leonard Hill showed that "a high cooling power not only increases the heat production of the body during exposure, but raises the basal metabolism to a higher level. The fire of life is made to burn faster." Together with Sir Henry Gauvin he made a careful examination of children at the Treloar Hospital, Alton, and Hayling Island, and concluded that the high metabolism, produced equally in pigmented and unpigmented children, was due to the cooling power of the air, and not to radiation.

Halstead attributed the results achieved in bone and glandular tuberculosis solely to fresh air. S. Bangs, who has had much experience with both the air-bath and the sun-bath, believes that the air-bath is the most beneficial of the two. Prof. J. Dollinger (Budapest) says that it is impossible to decide whether open air or sunlight plays the most important role in the healing processes in tuberculosis.

Arringer-Cherkoff says: "All painter's models, especially those who on account of their fine figures are in constant demand for sittings and consequently are naked the greater part of the day, soon acquire a fresh rosy tint of the skin, their figures improve, and in a few weeks from the time they take up their occupation enjoy far better health than formerly."

As soon as people realize that sun and air-baths are more important than water-baths, all of our cities will have public sun-parks where the people may go and take their sun and air-baths.

Air baths, accompanied by gymnastic exercise, which are more pleasantly practiced in a state of nudity, will do much to add to the health of everyone. They will also harden one and make him or her more resistant to weather changes. It is a good thing to train oneself to resist an exaggerated dread of cold.

The weak and debilitated person must use due caution in beginning air bathing. Everything must be in proportion to capacity and that of chronic patients or of those troubled with nervous disorders is often very limited. In such cases the first few baths must be short ones. It frequently happens that delicate and sensitive patients . cannot endure more than three minutes at the beginning. Their hyper-sensitiveness must be taken into account and duly respected.

The air bath should be pleasant and if it is taken progressively will prove to be so. Its duration must depend on the temperature and on the condition of the patient. The patient must not be permitted to chill. Should chilling occur, no time should be lost in securing proper warmth.

If blind enthusiasm has caused the beginner to prolong the bath too long, fatigue may be experienced during the day, or discomfort may be pronounced and the patient may suffer from excessive weariness, varied by aches and pains in the head or back, accompanied by slight feverishness.

No time is more convenient for the air bath than immediately upon arising in the morning, while one goes through his or her daily exercises. Air baths a la Franklin may be taken by the vigorous and healthy without the above precautions.

Thousands of people enjoy their daily air bath, even in the most inclement weather. Don't say "Oh! but they are used to it." Get used to it! You can then withstand the weather changes with the same ease that they do.

Northwest Avalanche Center to Close Doors?

Idiocity, pure and simple. After the record avalanche dangers of the recents weks . . . the backcountry deaths and accidents from slides and they want to save a little bit of money and close the premier source of avalanche information?

Below is a recent posting from
WTA's online blog called The Signpost.

Posted by Andrew Engelson at Jan 25, 2008 02:40 PM

I meant to blog about a recent Seattle P.I. article on funding cuts to the Northwest Avalanche Center, and I'm just now getting around to it. To sum it up: it's crazy that the center is possibly faced with closure. Remember, this season is on pace to be Washington's most deadly avalanche season in modern times. Nationally, too, deaths from avalanches are way up.

The NW Avalanche Center is an absolutely crucial resource for safe winter recreation, whether you cross-country ski, snowshoe, or snowmobile. Its daily reports offer critical advice. With even better funding, it could offer more specific, targeted reports.

What's on the table isn't expansion but the possibility it could be shut down. From Tom Paulson's article, it sounds like the U.S. Forest Service wants to reduce its commitment to the center because of...you guessed it...lack of funds. Last year, the state legislature provided some stopgap funding to keep the center open, but it's uncertain if additional funds will come through.

Want to keep this essential safety resource? Find and e-mail your state legislators here. Write the regional Forest Service office here. And contact your Congressional representative and senators Cantwell and Murray and urge them to properly fund the U.S. Forest Service and the Northwest Avalanche Center.

Tuesday, February 19, 2008

We are halfway to the Spring Equinox

A nifty little sunshine java applet calculator located at http://www.jgiesen.de/sunshine/index.htm

The spring equinox (when the sun is over the equator), due Mar 21st, is approaching. As the sun's apparent position in the southern sky drifts higher the weather warms. It's fascinating to follow the natural rhythms and that was really brought home today when I stood on my back deck and acted like a sponge to the warm rays of the sun in the sky.

My backyard faces south and is reasonably screened from my neighbours. Not the best of situations because I lost a beloved 150 year old cedar tree to a beattle-bore infestation two years ago and the replacement trees are just not high enough yet for me to go prancing about on my deck nude most of the time.

However, what a glorious day we had today. I got up late . . . got my morning cup of coffee and checked out the weather. The 'sun' was out!!!!!!

What a feeling to feel the hot wash of sunlight on the skin. Spring is finally arriving and I can't wait to get back up in the mountains for some long-needed nude hiking.

Tuesday, February 12, 2008

Are You Arriving Here from Domai?

. . . if so, please be aware that this site does not contain any erotic or pornographic images of women. The only images you will find here are of me . . . and if they excite your fancy then you have bigger problems than I suspected. If you are looking for those erotic images, click the Back Button right now and resume surfing where you were before you arrived. My blog will disappoint you.


However, you may have come here with some curiosity about the lifestyle of nudism and naturism. If so, read on and feel free to leave comments (in good taste and humor), or ask questions.


I have asked that my link be removed but in the interim, the web stats tell me traffic has spiked 200% just from Domai. Thank you for visiting but I'd really like to know that my visitors came here for the real purpose of learning a little more about naturism and perhaps taking that first step themselves.

Friday, February 8, 2008

Goldmyer and Scenic HS Snow Conditions

Goldmyer Hot Springs Cabin - Feb 1st, 2008
Photo by the Caretakers
View more pictures here

From a message posted by BAS in the Goldmyer MSN Group:

Our group of 4 made it to the springs over the Feb. 2-3 weekend but not without an extreme test of endurance. We were able to drive a custom lift, 4-wheel drive jeep into the snow zone and within 13 miles of the cabin before having to pull over. We then skied the remainder of the distance through very deep snow. It took 7.5 hours to ski to the river crossing and 6 hours to get back to the car. This trip was epic and more a test of physical endurance than one of "soaking in the springs". The 4 of us were all experienced skiers with extensive wilderness-backcountry travel experience and in extremely good condition. We each carried enough gear, food and first aid for a multi-day winter trip into the wilderness. Unless you can ski 12 miles with 60+ lbs. of gear on your back, I do not recommend attempting a trip to the springs at this time. There is also enough new (large) windfall across both the lower and upper roads to make driving impossible. To drive there, plan on several days of cutting and clearing just to get to the locked gate.

Scenic is even in worse shape, snow-wise. I spoke with a friend in Skykomish, Wa (12 west of Scenic HS) and he tells me the settled snow base across the valley and at the same elevation as Scenic is 120" . . . 10ft. Scenic is on the colder, north facing slope, typically getting more snow. Since that conversation things have just gotten worse with five to six feet more snow.

The snow berms along Highway 2 - Image WA-DOT
Creative Commons-Attribution/Noncommercial/Share Alike License


The snow berms along Highway 2 are over 8ft high on average. Roofs have collapsed in Skykomish and a report of trees down across power lines.

Stevens Pass was closed earlier today because of avalanches and wind speeds over 100 miles per hour (yeap, hurracaine force winds at the Pass!) The risk remains high. Much of the 2 mi route up to the hot springs traverses cleared slopes with greater than 40deg slopes, the trigger point for avalanche worries. Added the seesaw warming and cooling temperatures and we have all the ingredients for dangerous conditions in the Stevens Pass area and to a lesser-extent on the slopes approaching the hot springs. As I write right now, the Scenic area is experiencing winter blizzard conditions.

Removing a slide near MP 63 - Image WA-DOT
Creative Commons-Attribution/Noncommercial/Share Alike License

Until these conditions improve, please stay away from the springs. The risk is not worth it.

For the latest information on Goldmyer Hot Springs you can visit their website or contact Beth at (206) 789-5631.

The latest information on Scenic Hot Springs is posted here.

Thursday, February 7, 2008

Rooster Rock: AANR-NW GAT Beach Event Changes

Update: Plan on a start time to 9 a.m on May 17 as Glenn and the Rooster Rock State Park staff want to do a group photo by the front gate to remember and document the effort nudists, naturists and AANR-NW GAT put into support, advocating, and cleaning up the park.


Mark your calendars . . . May 17th, 2008 at 10am . . . and participate in an event that goes a long way toward insuring good relations with the Oregon State Parks system, and the success story of the U.S.A.'s only legally-sanctioned clothing optional beach . . . Rooster Rock State Park! Continue that success story and advocate toward getting more beaches and public lands set aside for the enjoyment of naturism and nudism.

Plus, while the weather is still not well enough into summer, here's your chance to shake off those winter doldrums (along with all those bulky winter clothes) and go about helping the environment in the buff!!!! What a deal!

I'll be headed down for the day and if any Seattle-lites want to go along, let talk carpooling. Remember, May 17th at 10am.

Shirley's event listing:
A new and improved AANR adoption sign now welcomes visitors to Rooster Rock State Park nude beach. The larger sign has been relocated to a much more visible location at the entrance to the nude beach area. Bring your camera and check out the new sign cluster. The new sign reads "Adopt-a-Park Program -Thanks to this years Volunteers! American Association For Nude Recreation." A new clothing optional sign with an arrow pointing to the beach will certainly be helpful to first time visitors.

The first AANR-NW GAT beach event of the year is the "Down By The Riverside" (DBR) SOLV sponsored event at Rooster Rock State Park Nude beach May 17 starting at 10 a.m. and ending with a hotdog barbecue at 12:30 p.m. In order to have an even larger impact on the environment we are asking that each participant bring his or her own drinking water in a refillable container. It is important that we get this
message out to our volunteers so please forward this message to your club newsletters. While we will not have a raffle drawing everyone will enjoy the addition of cookies at the hotdog barbecue. Each participant will receive a nice pair of work gloves and a reusable grocery bag donated by the Oregon State Lottery. Each new participant will receive a stamped post card they can mail in good for two free Bulletins. What has not changed is the fun, socialization, and the group picture for the Bulletin, and sense of contribution to the success of the nude beach.

Save the date, invite your friends and try to carpool to the event. Volunteers do not pay the day pass fee for this event. If you have any questions or want further information contact Shirley Gauthier at Sherbog@msn.com.

Tuesday, February 5, 2008

Florida House Bill 801

Update: The Naturist Action Committee (NAC) came out of Feb 7th with an alert on this proposed legislation. They suggest we be aware of the situation but refrain from making contacts at this moment while talks and contacts are being made. If it should become appropriate a grassroots campaign can be started later. From the NAC Alert:

IMPORTANT: NAC IS NOT CALLING FOR YOUR ACTION AT THIS TIME

Individual naturists, clubs and groups can be a tremendous asset in dealing with legislation. However, conditions are NOT PRESENTLY APPROPRIATE for making contact with lawmakers on this matter. Please wait.

NAC believes you should be advised and informed, but this is a case in which premature action could be damaging. Watch for further NAC Action Alerts, Advisories and Updates on this topic.



AANR also has a legislative tracking service called CAPWIZ that you may want to check out as a further venue for issues relating to nudists . . . though tracking of state legislative issues is limited.




Rep. Snyder (R-Fla) is at it again, introducing practically the same legislation at the behest of Martin County Sheriff Bob Crowder, Rep Snyder's former boss in the Martin County Sheriff's Department. In fact, the proposed bill, Florida House Bill 801, 2008 Session reads word for word with the previously submitted and 'dead on second reading' House Bill 269 from the 2007 House Session . . . with the exception that Rep Snyder has added provisions for warrantless arrest of nudists and naturists enjoying Florida's great clothing-optional beaches, primarily Haulover but also Playalinda on the Canaveral National Seashore further north.



Haulover Beach


The proposed legislation reads (in pertinent part):

Section 2. Section 800.03, Florida Statutes, is amended to
read:

800.03 Exposure of sexual organs.--
(1)(a)1. Except as provided in paragraph (b), a person who
exposes or exhibits his or her
It is unlawful to expose or
exhibit one's sexual organs in public or on the private premises
of another, or so near thereto as to be seen from such private
premises, in a vulgar or indecent manner, or is to be naked in
public except in any place provided or set apart for that
purpose commits . Violation of this section is a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s.
775.083.

2. Any person who violates subparagraph 1. and who has
twice previously been convicted of a violation of subparagraph
1. or s. 800.02(1)(a)1. commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who exposes or exhibits his or her sexual
organs in violation of paragraph (a) on or within 1,000 feet of
the real property comprising:

1. A child care facility, as defined in s. 402.302, that
is in compliance with the signage requirements of s.
893.13(1)(c);

2. A public or private elementary, middle, or secondary
school between the hours of 6 a.m. and 12 midnight; or

3. A state, county, or municipal park, a public beach, a
community center as defined in s. 893.13(1)(c), or a publicly
owned recreational facility at any time

commits a felony of the third degree, punishable as provided in
72 s. 775.082, s. 775.083, or s. 775.084.


Words stricken are deletions; words underlined are additions. Red text is my own emphasis.
To quote from the NAC Alert on this same issue last year:

If Section 800.03 has been interpreted by Florida courts as applying only to lewd exposure, why should naturists see it as their issue when penalties are increased for violations in that section of the law?


Florida naturists generally understand the delicate nature of the existing judicial protection associated with 800.03. Even with favorable case law that dates back more than thirty years, overzealous enforcement officers occasionally feel justified in using the statutory language alone to bust someone for simple nudity under 800.03. It happens. And when it happens, a naturist must mount a legal defense against a misdemeanor charge.


Raising the penalty for 800.03 to the felony level, even under limited circumstances, makes these enforcement "misfires" a much more chilling prospect. But worse than that, proposed subtle changes to the wording of 800.03 that are included in House Bill 269, Senate Bill 2058 and other legislation may provide an excuse for a new judicial examination of the statute, perhaps diminishing the prospect of continued judicial protection.


Naturists should be very concerned about this legislation.
What is new this year is that Rep Snyder has added a provision to allow warrantless arrest of those violating this proposed amendment to Florida Statute 800.03:

Section 3. Subsection (7) of section 933.18, Florida
Statutes, is amended to read:

901.15 When arrest by officer without warrant is
lawful.--A law enforcement officer may arrest a person without a
warrant when:

(16) There is probable cause to believe that the person
has unlawfully exposed or exhibited his or her sexual organs in
public in violation of s. 800.03.

The problems I have with this proposed amendment, and all of Rep Snyder's previous attempts to make 800.03 more onerous, is the nebulous language of 'vulgar' and 'indecent', though the courts will get involved in defined that language in terms of the Supreme Court's Miller Test. Like last year's Bill 269, this latest incarnation as Bill 801 takes a misdemeanor charge and ups the ante for a second or subsequent violation to a felony charge . . . frightening for naturists to take to the beaches of Florida.

Like Bill 269, public beaches statewide are covered by the 'exposure' or nudity aspect of the bill . . . potentially threatening the status of Haulhover Beach.

The third problem I have is with the warrantless arrest for nudity.

I expect that both NAC and AANR will put out alerts soon on this repetitive piece of legislative garbage. Time to gear up our letter-writing and phone-calling skills to let Florida legislators know how misguided and unnecessary this bill is.

Related Posts with Thumbnails