NAC Update: San Onofre, California
{Prefacing remarks: The outfall of this action goes far beyond California as many Western States relied on a tacit acceptance of the Cahill Policy to guide and modify their approaches to nudity on public lands. Since the California Supreme Court has refused to visit the Appellate ruling against Cahill, rangers are now free to begin issuing citations. This is a decidedly anti-nudity stance by the California Department of Parks and Recreation. The bad news is that other jurisdictions may now abandon the long-standing policy of Cahill and free their personnel to issue citations without the 'safe' buffer-warning of Cahill.
Nudists and naturists on the West coast could once rely on the Cahill policy as an understanding between themselves and government. Unfortunately, conservative elements in the Parks Department have dealt that understanding a death blow. Individual nudists are unlikely to risk citation (and the consequences of potential registration as sex offenders). What is needed now is legislation to either re-enact the Cahill provisions under codec of law, or legally designate clothing-optional beaches where nudity has been traditional in the past.
And, despite the accusations flying back and forth between NAC and AANR, these two organizations need to work together and make this happen. Else, why in the heck am I paying my dues to them?
Rick}
NATURIST ACTION COMMITTEE
UPDATE
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 : October 22, 2009
SUBJECT : San Onofre Update
TO : All naturists and other concerned citizens
Dear Naturist, This is an update from the Naturist Action Committee (NAC) on the status of San Onofre State Beach and NAC's ongoing effort on behalf of naturists there.
In June of this year, a California state court of appeal ruled in favor of the California Department of Parks and Recreation (DPR) in its appeal of a Superior Court's ruling from 2008 that had favored naturists. The Naturist Action Committee and Friends of San Onofre Beach subsequently sought a ruling from the California Supreme Court. Today, the California Supreme Court declined to hear the case.
The appellate ruling was initially unpublished, but at the request of DPR, the appellate court later published the ruling. NAC requested that the ruling be de-published. However, as an adjunct to today's announcement, the California Supreme Court refused NAC's request to de-publish.
At issue in the lawsuit was 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.
TICKETS FOR NUDITY ARE POSSIBLE AT ALL CALIFORNIA STATE PARKS
The Supreme Court's refusal to hear the case allows the possibility that rangers may immediately begin issuing citations for nudity under Title 14, Section 4322 of the California Code of Regulations. Because the appeal ruling was published, this threat applies not only at San Onofre State Beach, but at ALL UNITS OF THE CALIFORNIA STATE PARK SYSTEM.
MORE INFORMATION
Details of this situation and specifics of the Cahill/Harrison Regulation and associated documents may be found on the NAC Web page:
There, you will find background documents related to the Cahill Policy, the Harrison letter and NAC's lawsuit.
WHAT HAPPENS NEXT?
This is a tremendous setback, but the battle has not ended. The Naturist Action Committee is carefully considering the details of each of its remaining options and the ramifications of each. NAC will continue to issue Action Alerts, Advisories and Updates on this issue as circumstances require. Look for them.
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
Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
|