Advisory: State Nudity Laws Enforced at Fire Island (Lighthouse Beach) National Seashore, NY

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A letter now circulating the nudist forums ...

United States Department of the Interior
NATIONAL PARK SERVICE
Fire Island National Seashore
120 Laurel Street
Patchogue, NY 11772
February 5, 2013 

To Whom it May Concern: 

Effective immediately, state nudity laws will be enforced at Fire Island National Seashore. While state laws apply throughout the Seashore, the park will focus its public education and enforcement efforts of the existing New York State law at the following federally-owned areas: 

 - Lighthouse beach, from the western boundary of the park to the western boundary of Kismet.
 - The Sailors Haven tract, from Point O' Woods to Cherry Grove.
 - One half mile on either side of the Barrett Beach lifeguard stand.
 - One mile on either side of the Watch Hill lifeguard stand.
 - From the Wilderness Visitor Center to the breach at Old Inlet 

Public nudity has been prohibited in the State of New York since 1984 under New York State Penal Code 245.01. Fire Island National Seashore shares concurrent jurisdiction with the State of New York, which means that state laws can be enforced on federal lands by federal, state, and local law enforcement officers. Although the National Park Service (NPS) is focusing its enforcement on the identified areas, the law still applies park-wide, and may be enforced throughout the park. NPS policies favor consistent enforcement of state laws on federal lands, and disfavor the designation of clothing optional areas. Public nudity on Fire Island has resulted in conflicts of use, despite past park management efforts to accommodate clothing optional recreation. On Lighthouse beach in particular, the dense visitation invited by the previously-designated “clothing optional beach” presented not only a visitor use conflict, but created a public safety hazard due to the lack of adequate facilities for trash and human waste, in addition to the heavy recreation on a non-lifeguarded beach. Additionally, Hurricane Sandy leveled the dunes in this area, which increases the visibility of the beach from other public use areas. The sandy over-wash areas left by the storm created added habitat for sensitive species in the area. Finally, park employees have observed an increase in criminal activity in the designated clothing-optional areas, but have been unable to appropriately manage this activity despite significant attempts at education and enforcement. 

Violation of this law is a class B federal misdemeanor, and can result in fines of up to $5,000 and up to six months imprisonment.  

Fire Island National Seashore management recognizes that visitors have come to Fire Island to sunbathe in the nude for many years, and that many responsible and respectful users of this beach have provided support to the park through volunteer efforts over the years. Fire Island National Seashore management is focusing its enforcement only on those areas in which visitor use conflicts are likely—specifically, those areas that are heavily visited by members of the public who are generally not attuned to nude recreation. On all Seashore lands, however, other regulations such as disorderly conduct, creating an offensive condition, public intoxication, and drug and alcohol laws will be strictly enforced. Use and compliance on all park beaches will be monitored throughout the summer, with additional measures being taken as necessary. Should concentrations of nudity and/or lewd and lascivious behaviors increase in other areas of the park and cause similar conflicts with other visitors and/or protected natural resources, then the park may expand its enforcement efforts to other areas. 

Questions about these changes should be directed to Chief Ranger Lena Koschmann
at 631-687-4757 or lena_koschmann@nps.gov. 

Sincerely,
/s/ Lena Koschmann
Chief Ranger, Fire Island National Seashore
O:  (631) 687-4757
Lena_koschmann@nps.gov

NAC Action Alert - California Parks

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                     NATURIST ACTION COMMITTEE
                           ACTION ALERT
**********************************************************************
                   http://www.naturistaction.org
**********************************************************************
Copyright 2012 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       :  August 31, 2012
SUBJECT:  California
TO           :  Naturists and other concerned citizens

Dear Naturist,

This is an Action Alert from the Naturist Action Committee. NAC is asking for your immediate involvement in an effort to have the State of California create officially designated areas for clothing-optional recreation in state parks.

ACTION SUMMARY

   1. Attend a meeting of the California Park and Recreation Commission on September 28.

   2. Contact the Commission in writing.

CALIFORNIA STATE PARK AND RECREATION COMMISSION

The California State Park and Recreation Commission is NOT the same thing as the State Department of Parks and Recreation (DPR). The Commission has specific authorities and responsibilities which are defined in California law. Those include the approval of general plans for units of the State Park System, classifying units of the System, establishing general policies for the guidance of the Director of State Parks in the administration, protection and development of the System, and recommending to the Director a comprehensive recreation policy for the state.

In the wake of the recent scandal involving the California Department of Parks and Recreation, NAC is looking for the appointed State Park bureaucracy to assert some leadership. The Commission has the authority and the responsibility to establish general policy and to recommend policy to DPR, and that’s what NAC is seeking.

ACTION 1: ATTEND COMMISSION’S PUBLIC MEETING ON SEPTEMBER 28

If you’re in the southern California area, NAC requests that you attend a public meeting of the State Park and Recreation Commission that is scheduled to be held in Santa Monica on Friday, September 28, 2012.

   DATE: Friday, September 28, 2012
   TIME: 9:00 a.m.
   LOCATION:
     Annenberg Community Beach House
     Garden Terrace Room
     415 Pacific Coast Highway
     Santa Monica, California 90402

The Commission’s agenda and public notice of the meeting are available at:  http://www.parks.ca.gov/default.asp?page_id=936

The naturist issue is not on the agenda for the meeting. Regardless, we need to let the Commission know of our concerns and our expectations. Members of the public will have an opportunity to give brief statements during the public comment portion of the meeting. Whether you speak or not, your presence at the meeting is EXTREMELY IMPORTANT to lend support to the message of naturists. We seek the setting aside of areas for clothing-optional recreation in State Park units.

There are few items on the meeting agenda for September 28, and the meeting is likely to move quickly. Please plan to be at the Annenberg Community Beach House in Santa Monica no later than a half hour before the start of the meeting. Those who wish to speak must sign up to do so before the meeting commences.

NOTE: The Commission has not met since January 27, 2012. NAC was there for that meeting, and with your help and participation, we’ll make a significant showing at this meeting, too. However, at this rate, your next chance to address the Park and Rec Commission may be in late May of 2013. Don’t miss your opportunity to make a difference in September!

If you’re planning to attend the meeting, please contact:

  NAC board member Allen Baylis
  rab@baylislaw.com
  (714) 962-0915

or NAC executive director Bob Morton
  execdir@naturistaction.org
  (512) 282-6621

ACTION 2: WRITE TO THE COMMISSION

If you’re unable to attend the meeting, you can still help. NAC asks that you write to the Commission. Send your comments by e-mail, fax or surface mail. Those who will be at the meeting on September 28 are also encouraged to write.

WHO SHOULD WRITE?

NAC is requesting ALL NATURISTS and other concerned individuals to contact California officials on this important matter, regardless of your place of residence. California understands the importance of out-of-state visitors who come to enjoy the state’s beaches, lakes and streams. The opportunity to provide diverse recreational opportunities applies to those visitors, as well as to California residents. While all are encouraged to make their voices heard, the participation of Californians is, of course, particularly important.

Send a letter, a fax or an e-mail. Phone calls will likely be ineffective in this specific context.

     California State Park & Recreation Commission
     PO Box 942896
     Sacramento, CA 94296
     FAX: (916) 654-6374
     Louis Nastro, Assistant to the Commission
     E-MAIL: LNastro@parks.ca.gov

Send a copy to:

     California Department of Natural Resources
     Natural Resources Agency
     1416 Ninth Street, Suite 1311
     Sacramento, CA 95814
     FAX: (916) 653-8102
     E-MAIL: secretary@resources.ca.gov

NAC encourages you to send copies of your faxes and paper mail to:

      NAC, PO Box 132, Oshkosh, WI 54903.

Send copies of your e-mails to: CA@naturistaction.org

WHAT SHOULD YOU SAY?

When you write:

   a) Be polite.

   b) Be known. Give your name and address. If you are a California resident
       or a frequent visitor to California, be sure to point that out.
       Anonymous letters have very little impact.

   c) Be focused. Keep your correspondence brief and on target.

   d) Be positive. Remember that we’re trying to ENCOURAGE the Parks
       Department to do something. Please do not take a scolding tone.

   e) Be clear. Say that you SUPPORT the designation of clothing-optional
       areas in units of the State Park System.

   f) Be sure to make a request that your correspondence (letter, fax, e-mail)
      be included in the permanent public record of the California Park and
      Recreation Commission meeting of September 28, 2012.

Additional talking / writing points:

   1) This is NOT just about San Onofre State Beach. Although that beach was the first State Park unit at which DPR killed its policy for managing clothing-optional recreation, it has not been the last. Ticketing for mere nudity in State Park units has spread throughout the entire state of California. A unified policy is exactly what the Commission is responsible for creating, but the present lack of a comprehensive statewide policy threatens ALL clothing-optional areas in California State Park units. Consider the implications for Black’s (Torrey Pines), Gaviota, Bonny Doon and many others.

   2) Parks Department policy against clothing-optional recreation is completely out of sync with public sentiment and the expressed preferences of California residents. A public opinion survey on this topic was commissioned in 2009 by the Naturist Education Foundation and was conducted by the prestigious polling firm of Zogby International. In that statewide poll:

   79 percent of Californians believe people should be allowed to enjoy nude sunbathing on a beach or other location that is designated for that purpose.

   60 percent of Californians say that they are not offended by the nonsexual nudity of others.

   62 percent of Californians agree that the California Department of Parks and Recreation should exercise the legal authority it presently has to designate clothing-optional areas in state parks.

   View details of the 2009 NEF California Poll:   http://www.naturisteducation.org/nef.ca.poll.2009/

   3) Former officials of the Parks Department attempted to justify their vendetta against clothing-optional recreation by saying they were “doing the will of the people.” That was clearly no more true than many of the other deceptions for which those same officials were responsible.

   4) For thirty years, the Department’s Cahill Policy allowed a means to manage for clothing-optional recreation in units of the State Park system. The nullification of the Cahill Policy has left the department with no statewide policy to address a form of recreation that’s obviously popular with the public. It’s the duty of the Commission to address matters of policy.

   5) Officials of the Parks and Rec Department have pointed to lewd behavior as a reason for prohibiting nudity. In doing so, they have confused simple nudity with lewd behavior. Rangers presently have the authority and responsibility to stop lewd activity, and naturists encourage them to exercise that responsibility appropriately. However, that specific authority is separate and different from the legal authority the Parks Department has to establish areas for clothing-optional recreation.

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.

PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!
The Naturist Action Committee is the volunteer nonprofit political adjunct to The Naturist Society. NAC exists to advance and protect the rights and interests of naturists throughout North America. Fighting for the clothing-optional recreational use of public land is expensive. To do its job, NAC relies entirely on the voluntary generosity of supporters like you.

After you've made your plans to attend the Commission meeting on September 28 and/or contacted the officials at the Commission and the Natural Resources Agency, please take a moment to send a donation to:

   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,

Allen Baylis
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
Board Member Charles Harris     - carlopianoforte@gmail.com
Online Rep. Dennis Kirkpatrick  - naturist@sunclad.com
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NAC Action Alert - Seattle, WA

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                     NATURIST ACTION COMMITTEE
                           ACTION ALERT
**********************************************************************
                   http://www.naturistaction.org
**********************************************************************
Copyright 2012 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       : September 1, 2012
SUBJECT : Seattle Parks Survey
TO           : Naturists and other concerned citizens

Dear Naturist,

This is an Action Alert from the Naturist Action Committee. NAC is asking you to participate in the ongoing effort by naturists and others to establish an officially recognized clothing optional beach in Seattle, Washington.

A MESSAGE FROM NAC BOARD MEMBER MARK STOREY

A skinny-dipper friend of ours has pointed out to me that Seattle Parks & Recreation has a new online survey out. While taking it, I found three opportunities to say that I favored Seattle Parks’ establishing a clothing-optional beach. This is an easy opportunity for naturists and their allies to speak up.

Please take the five minutes needed for the survey, and be nice. When the Naturist Action Committee and the Body Freedom Collaborative met with Parks officials not long ago, officials made clear to us that they needed to know that there were actually a large number of people interested in nude beaches. Here's a chance to move in that direction. People living in and near Seattle, WA are especially encouraged to take the survey, but others can, too.

The survey is at the following URL:

     http://seattleparkssurvey.com/SPR1/SPR1logn.htm

NAC NEEDS YOUR HELP TO CONTINUE HELPING NATURISTS!

The Naturist Action Committee works for the clothing-optional recreational use of public land. To do its job, NAC relies entirely on the voluntary generosity of supporters like you.

Please take a moment to send a donation to:

   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,

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 Mark Storey        - storey98@aol.com
Online Rep. Dennis Kirkpatrick  - naturist@sunclad.com
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NAC Advisory: Scandal and fallout at California DPR

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                     NATURIST ACTION COMMITTEE
                             ADVISORY
**********************************************************************
                   http://www.naturistaction.org
**********************************************************************
Copyright 2012 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 22, 2012
SUBJECT: Scandal and fallout at California DPR
TO     : All naturists and other interested parties

Greetings.

This is an Advisory from the Naturist Action Committee (NAC) concerning recent developments involving the California State Department of Parks and Recreation (DPR). The fallout from those developments is significant for naturists.

SCANDAL, RESIGNATION, FIRING

In a time of severe budget austerity and plans for the closure of as many as seventy state parks because of a shortage of operating funds, the California Department of Parks and Recreation was found this past week to be sitting on a hidden fund that amounted to nearly $54 million in two accounts. To establish perspective, we note that the amount needed to keep all state parks open had been estimated to be $22 million, less than half the hidden stash.

The news comes at a time in which state lawmakers are considering increasing taxes on citizens for a DPR bailout and local groups are having bake sales to keep their nearby parks from having to close.

In the immediate wake of the scandal, DPR Director Ruth Coleman resigned her position. Acting chief deputy director Michael Harris, Coleman’s second in command, was fired.

In her letter of resignation Friday to California Governor Jerry Brown, Coleman claims that she was unaware of the unreported surplus, which she characterized as “an excessive balance.”

ANALYSIS

During her 12 year tenure as the Director of the Department of Parks and Recreation, Ruth Coleman did not make herself easily available to naturist and nudist groups or leaders. However, in a focused effort to negotiate in good faith with the Department in the context of the San Onofre State Beach situation and other matters, NAC has met in recent years with Director Coleman formally in her Sacramento office and informally on other occasions. Coleman has participated in a number of one-on-one phone conversations with NAC Executive Director Bob Morton, and she has initiated several of those calls, herself. NAC has enjoyed an access to the Director that was not accomplished by others.

From this perspective, conclusions regarding former Director Coleman’s management style have become apparent. Coleman was not a “hands-on” director. She relied on others to establish policy for her. For example, Ruth Coleman did not originate the directive she signed in 2008 that abrogated the long-standing Cahill Policy at San Onofre State Beach. That memo was written by local park superintendent Rich Haydon, who had been in his position for all of two weeks. Haydon was unfamiliar with the policy or its history. Indeed, in referring to former DPR Director Russell Cahill, the author of the eponymous policy, Haydon’s memo identified him as “William Cahill.”

Ruth Coleman too frequently accepted what her underlings told her, even when it was obviously wrong. A Department lawyer advised Coleman, for example, that park employees at a state-operated clothing-optional beach could sue her department for sexual harassment because of the nude beachgoers. That legal opinion was baseless, but it was a view Coleman came to hold strongly.

Throughout DPR’s relentless crusade against clothing-optional areas in state parks since 2008, Anthony I. “Tony” Perez, Deputy Director of Park Operations, has been a powerful and vigorous adversary of nude recreation. Documents uncovered by NAC through California’s Public Records processes have shown that Perez has regularly and surreptitiously intercepted naturist and nudist communication intended for Director Coleman. Representatives from the American Association for Nude Recreation have dealt with Perez, but they have never been allowed to meet with Ruth Coleman.

NAC’s observation of Coleman’s unquestioning reliance on the poor advice and faulty reporting of those who worked for her tends to offer awkward support for her contention that she was unaware of the funds that had gone unreported through her entire tenure. Regardless, her defective management style does not excuse the blunder.

A RETIREMENT UNREPORTED IN THE MEDIA, BUT OF IMPORTANCE TO NATURISTS

The existence of irregularities began coming to light when auditors found evidence of unauthorized vacation buyouts among DPR headquarters personnel as far back as 2004. The conversion of unused vacation hours into a cash payment is not typically permitted for state employees during times of budget shortfalls. Probing the vacation scheme through its own Public Records Act requests, the Sacramento Bee forced the issue in recent weeks and uncovered the hidden funds.

Deputy Director Manuel Lopez received more than $20,000 in unauthorized and improperly reported vacation buyout cash. The total involved in the dollars-for-vacation-hours scheme has been estimated to be more than $270,000. Lopez was demoted in October, 2011, and he resigned in May of this year.

As the scandal continued to unfold, DPR Deputy Director Tony Perez quietly retired late last month. No presently existing allegation connects Perez to any of the departmental improprieties. Regardless, the departure of Perez may be seen as more directly significant for naturists than the resignation of Coleman.

THIS DOES NOT SIGNAL A RETURN TO THE CAHILL POLICY

Governor Brown has appointed Natural Resources Agency Undersecretary Janelle Beland to be the acting director of the Department of Parks and Recreation. Beyond the obvious tasks of caretaking and cooperating with the inevitable investigations, it is unlikely that Beland will propose any new initiatives in the near future.

A great deal of dust will have to settle before the affected state agencies are able to move forward effectively. Naturists, who are understandably eager to read instant change into recent events, are encouraged to temper enthusiasm with wisdom.

Ultimately, resurrection of the familiar Cahill Policy as a management tool for clothing-optional beaches is unlikely. An appellate court has ruled that Cahill was never properly installed, even though it worked reasonably well for close to 30 years. Other long term solutions are more attractive and viable.

WHAT WILL NATURISTS DO?

Two years ago, the Naturist Action Committee developed a formal petition requesting the setting aside of portions of State Park units for clothing-optional recreation. The petition was submitted not only to the State Department of Parks and Recreation, but also to the California Park and Recreation Commission and to the State Natural Resources Agency. Many naturist and nudist clubs, resorts and organizations with California interests joined NAC in signing the document. Others were offered the chance to sign, but elected not to do so.

When the time is right, NAC will be submitting the petition again with the sincere hope that this time, AANR and AANR-West will choose to sign it, too.

What else will be different this time? Well, we won’t have the DPR Director telling the Park and Rec Commission that there’s just no money to allow the Department to be responsive to the 62% of California adults who believe “the California Department of Parks and Recreation should exercise the legal authority it has to designate clothing-optional areas in state parks.” [Source: 2009 NEF California Poll.]

WATCH FOR INFORMATION FROM NAC

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

PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

The Naturist Action Committee remains committed to issues of body freedom. Activism on behalf of naturists is 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

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



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Bagby Hot Springs, AANR-NW eNews Alert

January 18 Open House Input requested concerning proposed management changes at Bagby Hot Springs

The U.S. Forest Service is hosting an open house on Tuesday, January 18 from 4 p.m. to 7 p.m. at the national forest headquarters in Sandy, Oregon (see directions in final paragraph). The purpose of the event is to host discussion on allowing private management of Bagby Hot Springs and a number of campgrounds in the Mount Hood National Forest. The Forest Service already put out the bid information and, although two management companies showed interested, no bids were received. The bid process, if completed, would add Bagby and 28 campgrounds and day-use areas to a concession permit that already covers three dozen recreation sites. Increasingly, as Forest Service personnel budgets have shrunken, private management has been looked at and contracts in other areas (including the Willamette National Forest) have been awarded.

An environmental assessment evidently will be completed before Bagby and the campgrounds will be included in a concession permit. A public letter was issued by the Forest Service saying they are doing an Environmental Analysis (EA) regarding the possibility of a concessionaire at Bagby, and there will be a 30-day comment period soon for written public input. Here is a part of that 1 1/4-page 

letter:

"The Developed Recreation Site Concessionaire Permit Environmental Assessment (EA) is still in the process of being completed and no decision has been made yet. The Forest is requesting your comments on this project to help guide the final decision. Upon completion of the EA, there will be no further public comment period. As such, this 30-day comment period represents the final pre-decisional opportunity for public review of the project. Comments must be received or postmarked within 30 days of the date that notice for this comment period is published in The Oregonian."

The Forest Service is also apparently seeking some public input on Bagby at this open house. If you choose to attend, and are allowed to speak, please identify yourself as a nudist, be civil, keep your speech short and on-target. Our position is that simple nudity in and around the hot tubs, absent any other type of illegal conduct, is a long-time tradition at Bagby Hot Springs and should be allowed. We also intend to request and submit written comment during the 30-day period.

During a recent meeting of an AANR Government Affairs representative with Mount Hood Forest Supervisor Andrei Rykoff concerning Bagby, Rykoff stated that the existing anti-nudity order could only be changed by doing an EA. Perhaps the new Assessment could revisit the prior anti-nudity Order. At the very least, this will be an opportunity to make a strong statement that the 1992 anti-nudity Order is unnecessary and needs to be changed. Also, it should be emphasized that a major reason the Forest Service is not getting comments to change the Order is that most of the public still don't know about it.

Here is the Forest Service site with some information on what is proposed to happen concerning concessionaires at Bagby and other locations: 

http://www.fs.fed.us/r6/mthood/projects/nepa_project.shtml?project=32471

Update on Bagby Hot Springs physical site: Ranger Rykoff stated in the recent meeting that the old log tubs had been degrading for quite a while and the Forest Service had decided to replace them. The Forest Service installed a new round tub and one ofuro 2- or 3-person oval tub on the lower deck before winter weather set in. They will be installing two more ofuro tubs on the lower deck this year, to replace the three old log tubs.

Please consider coming to this open house if you care about allowing nudity at the Bagby Hot Springs area.

The Forest Service headquarters is located at16400 Champion Way in Sandy, Oregon. The headquarters is the first building on the right (coming from the west), about 300 yards before you reach the first stoplight west of Sandy. If you miss the turn off, you can turn right at the light and loop around on back roads to get there. 

Bagby Hot Springs, NAC Action Alert

**********************************************************************
                     NATURIST ACTION COMMITTEE
                           ACTION ALERT
**********************************************************************
                   http://www.naturistaction.org
**********************************************************************
Copyright 2011 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   : January 13, 2011
SUBJECT: Oregon - Bagby Hot Springs
TO     : Naturists and other concerned citizens

Dear Naturist,

The Naturist Action Committee is asking for your immediate involvement and action on behalf of Bagby Hot Springs in Oregon. Bagby is a popular and traditional clothing-optional site on public land in Mount Hood National Forest.

U.S. FOREST SERVICE IS PROPOSING PRIVATIZATION OF BAGBY HOT SPRINGS

The Forest Service managers at Mount Hood National Forest have already taken significant steps that have changed the traditional character of Bagby Hot Springs. Without advance public notice, Forest Service personnel have removed the historic wooden tubs from the bath house at Bagby and have destroyed the tub materials by chopping them up and burning them. New tubs have been installed. The new tubs lack the leaks of the old ones, but they also lack the character and history.

The Forest Service management at Mount Hood has also prohibited nudity in the large common area of the Bagby bath house. Nudity is allowed now only behind the closed doors of rooms with smaller tubs.

The action is part of the Forest Service's preparation for finding a private concessionaire to operate Bagby.

NAC ASKS FOR YOU TO TAKE ACTION

The Naturist Action Committee is requesting that you
  1) attend an open house that's being presented by the Forest Service
     AND
  2) write to the Forest Service to express your concern

ACTION 1: ATTEND THE FOREST SERVICE 'OPEN HOUSE' ON JANUARY 18

If you're anywhere in the area of Mount Hood National Forest, NAC asks you to attend a public open house at Forest Service headquarters on January 18, 2011.

  DATE: Tuesday, January 18, 2011
  TIME: 4:00 p.m. to 7:00 p.m
  LOCATION:
  Mount Hood Nat'l Forest Headquarters
  16400 Champion Way
  Sandy, OR 97055

If you're planning to attend the meeting, please contact:
  NAC board member Don Zirbel
  orcoba@live.com
  (503) 970-6674

or NAC executive director Bob Morton
  execdir@naturistaction.org
  (512) 282-6621

ACTION 2: WRITE TO THE FOREST SERVICE

Whether or not you're able to attend the meeting, you can still help. NAC asks that you write to the Forest Supervisor at Mount Hood National Forest. Send your comments by e-mail, fax or surface mail. Those who will be at the open house on January 18 are also encouraged to write.

WHO SHOULD WRITE?

NAC is asking ALL NATURISTS and other concerned individuals to contact the Forest Service, regardless of your place of residence. National Forests belong to all citizens.

Send a letter, a fax or an e-mail. Phone calls will likely be ineffective in this specific context.

   Acting Forest Supervisor Kathryn Silverman
   Mount Hood Nat'l Forest
   16400 Champion Way
   Sandy, OR 97055
   E-MAIL: ksilverman@fs.fed.us
   FAX: (503) 668-1794

NAC encourages you to send copies of your faxes and paper mail to:

      NAC, P.O. Box 132, Oshkosh, WI 54903.

Send copies of your e-mails to:

      bagby@naturistaction.org

WHAT SHOULD YOU SAY?

When you write:

   a) Be polite.

   b) Be known. Give your name and address. If you are a frequent visitor to National Forests, be sure to point that out. Anonymous letters have very little impact.

   c) Be focused. Keep your correspondence brief and on target.

   d) Be productive. You may certainly express your indignation over the poor decisions made by the Forest Service concerning Bagby Hot Springs and the abrupt and destructive change to the tradition of benign nude use there. Who could blame you for being upset? However, you must do more than simply scold and complain. You must point out that the Forest Service has the opportunity and responsibility to manage FOR the historic and traditional clothing-optional use of Bagby Hot Springs.

   e) Be part of the solution. Volunteers and activist groups, including the Naturist Action Committee, have expressed a strong interest in working WITH the Forest Service for the benefit of the public and the preservation of treasures like Bagby Hot Springs. When the Forest Service ignores help from volunteer groups and fails to keep them informed, it squanders a valuable resource. Emphasize the value of involving the public in the care of public land.

   f) Be clear. Say that you OPPOSE the notion of privatizing Bagby.

Additional writing points:

   a) The destruction of the historic tubs at Bagby Hot Springs is just the most visible indicator of the intent to change the traditional nature of Bagby without seeking public input. Despite specific requests to be included in considerations at Bagby, individual volunteers and interested parties like the Northwest Forest Conservancy and the Naturist Action Committee were ignored. That's simply NOT a proper way to manage a public resource.

   b) The changes to the traditional configuration of the bath house and the nudity restrictions there are a slap in the face to naturists and others who understand that nude soaking is the historically authentic way of enjoying Bagby and many other natural hot springs.

   c) Like most individuals and other government agencies, officials of the Forest Service are presently faced with funding shortfalls. Shedding areas and features and assigning them to private operators may seem like an attractive solution, but it creates a long term policy that shortchanges the public and is not likely to be undone when economic hard times abate.

   d) Visitors to Bagby already pay for parking, and the reality is that the Forest Service is not likely to give up that revenue. A private operator will have to charge an additional fee to justify its own effort. A concessionaire will likely choose not to keep Bagby open during less profitable night time hours. Suddenly, a public treasure like Bagby becomes less affordable and less accessible.

   e) The Forest Service has already sought private bidders to operate Bagby. One of those that was expected to bid has said that it's not interested AT THIS TIME. That changes very little about the concern over the lack of public notice and diminished opportunities for public involvement.

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.

PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

The Naturist Action Committee is the volunteer nonprofit political adjunct to The Naturist Society. NAC exists to advance and protect the rights and interests of naturists throughout North America. Fighting for the clothing-optional recreational use of public land is expensive. To do its job, NAC relies entirely on the voluntary generosity of supporters like you.

After you've contacted the officials on the list, please take a moment to send a donation to:

   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,

Don Zirbel
Board Member
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 Don Zirbel         - orcoba@live.com
Online Rep. Dennis Kirkpatrick  - naturist@sunclad.com
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Note:  See Also http://nudehiker.blogspot.com/2009/10/bagby-hot-springs-letter-to-acting.html   Rick

Eugene, OR-Nudie Rock posted No Trespassing

Photo from Nude Tribe (net) - Enjoying Nudie Rock

A comment on my Clothing Optional Map notes that on a visit to Nudie Rock along the McKenzie River in Eugene, OR that the entire area has recently been posted with No Trespassing signs.

Nudism Central . . . what a pitiful disappointment!

Once promoted as clean, wholesome with no
adult-oriented content is now a sham

I have a few banners in the sidebar of this blog . . . linking to sites I believe advance the understanding of nudism and naturism.  Some time ago I was asked to place a link or banner to Nudism Central . . . advertised as completely free of any adult-oriented content (i.e. porn).  Checking out the site it seemed content was appropriate, so I place their banner in the sidebar as an option for those seeking nudist information.

On a lark today I clicked that banner and was taken to the site.  What used to be a promising start has almost completely turned into a nudist dating site . . . the questions asked could not be interpreted otherwise.  You have to sign up (supposedly free but I didn't continue through) and have to answer questions like "I am looking for ..."  'Totally free to place profile' is a typical piece of bait on these dating sites.  In order to meet a match I assume you'd have to pay money.  A dating site!

Okay.  Fine.  Not my cup of tea.  Not something I really wanted to promote on my blog.

I wondered if there was any useful nudist content on this site so clicked on the browse link at the top . . . and was taken to NudismTravelNetwork . . . which has absolutely nothing to do with nudism.  The entry page states quite explicitly :  "18+ WARNING:  This is a 100%  sex site" . . . and yes, it is.

So . . . their banner is gone.  NudismCentral has gone commercial, intrusive and a promoter of pornography.  Goodbye ...

Ashland, Oregon Anti-Nudity Ordinance Update

According to an update posted by Don, the Oregon NACRep,  the Ashland City Council has approved and adopted new language to replace the old ordinance on nudity:

• “It is unlawful for any person eight years or older to intentionally expose his or her genitalia while in an exterior public place. Nothing in this Chapter shall be construed to prohibit any act protected under the circumstances by the federal or state constitution.”

The change has not been reflected on the city web pages yet.

NAC Advisory: Black's Beach Rumor is NOT TRUE

NATURIST ACTION COMMITTEE

ADVISORY

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http://www.naturistaction.org

---

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 : January 8, 2010
SUBJECT: Black's Beach Rumor is NOT TRUE
TO : All naturists

Dear Naturist,

This is an advisory from the Naturist Action Committee (NAC) concerning an INCORRECT RUMOR about Black's Beach in San Diego County, California.

Torrey Pines State Park, which is often referred to, informally, as "Black's Beach," is still clothing-optional. A rumor has been circulating recently that nudity is no longer permitted at Torrey Pines State Park. THE RUMOR IS NOT TRUE.

The unfounded "news" has been circulating by word of mouth and online via e-mails, social networking sites and message board postings, under titles like: "Blacks Beach Officially No Longer a Clothing optional Beach" and "Blacks Beach is No More." THE RUMOR IS NOT TRUE.

CALIFORNIA DPR WEB SITE

The rumor seems to have arisen from a flawed reading of the Web site of the California Department of Parks and Recreation. A portion of the text on that Web site describes a 10-mile hiking trip from Scripps Pier to Torrey Pines State Beach and back. The text says: "This beach hike begins at Scripps Pier, passes along Torrey Pines City Beach, known locally as Black's Beach, once swimsuit-optional, now enforced suits-only."

The text is correct, but please note that it refers to Torrey Pines CITY BEACH, and NOT to Torrey Pines State Park. The City Beach is located south of the State Park. Despite their respective official names, both the city beach and the state beach are popularly called

"Black's Beach."

Some have asserted that the DPR Web site's reference to Black's Beach has changed recently. NAC's check of Internet archives reveals that the text at the center of the rumor has not been changed.

THE END, A DECADE AGO, OF NUDITY AT TORREY PINES CITY BEACH

After years of clothing-optional use, the City of San Diego declared in 1999 that nudity would no longer be accepted on the City portion of the beach. Lifeguards daily established the boundary between the City beach and the State beach by setting out orange traffic cones and (initially, at least) a amall sawhorse with a makeshift sign that said: "NUDITY LINE."

In 2002, City lifeguards stopped putting out the cones and the sign, because a concern had developed among some officials that the sign might be seen as endorsing or designating nudity on the other side of the line. The ban on nudity on the City Beach only, remains in effect.

Other boundary markers come and go. Reflecting the continuing official caution for avoiding inadvertent designation, some markers have simply been posts that say: "BOUNDARY" or cones that say: "LINE."

TORREY PINES STATE BEACH

Clothing-optional use remains the norm on a stretch of beach of Torrey Pines State Park about one mile in length. For details, see the Web site of Black's Beach Bares, local naturist stewards of the beach. http://blacksbeach.org

The Naturist Action Committee works closely with Black's Beach Bares, which is affiliated with The Naturist Society and publishes an informative newsletter.

THERE ARE THREATS TO TORREY PINES / BLACK'S BEACH

Despite the falsity of the recent rumor, naturists are justified in being wary of threats to the clothing-optional status of the traditional area at Torrey Pines State Park. For more than thirty years, the California Department of Parks and Recreation has managed for clothing-optional recreation through its Cahill Policy and the Harrison letter that affirmed it. However, recent DPR actions at nearby San Onofre State Beach, make it clear that DPR officials feel they can terminate the Cahill Policy without public input at any time and at any State Park unit of their choosing.

In fact, it's likely that the official heavy-handedness at San Onofre has made the untrue Black's Beach rumor easier to believe.

WATCH FOR INFORMATION FROM NAC

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

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, 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: 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
Executive Dir. Bob Morton - execdir@naturistaction.org
Board Member Allen Baylis (CA) - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com

---

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

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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 : 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:

http://www.naturistaction.org/sanonofre

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

Executive Dir. Bob Morton - execdir@naturistaction.org

Board Member Allen Baylis - rab@baylislaw.com

Online Rep. Dennis Kirkpatrick - naturist@sunclad.com

---

Bagby Hot Springs Nudity Issue Update

From AANR eNews, Sep 30th, 2009:
[Note, Steve is AANR-NW and Don is with NAC - Rick]

Rather than paraphrase the Forest Service position we are posting the following messages from Acting District Ranger Alison Nelson. It seems the clearest way to get the information out to our membership and the nudist community.

Steve, it is fine to share or post my recent message so others can have a common understanding. Looking forward to the information you collect.
Alison



Hello Steve Hubbard and Don Zirbel,

I hope you are each doing well. I appreciate your suggestions and interest in Bagby Hot Springs and our occupancy & use order (MH-215-20-92) prohibiting being publicly nude at developed recreation sites within the Mt. Hood National Forest. Since Steve raised this topic several weeks ago, we are hearing again from family users of Bagby Hot Springs also concerned with nudity at Bagby.

Earlier this week Steve and I jotted down some suggested wording which, upon further review with Gary Larsen, forest staff and Law Enforcement, conflicts with our forest order in place, so can't be posted. As I relayed to each of you by phone message today, I decided to re-post the original notice at Bagby Hot Springs, stating "3. Clothing is optional only in the Bath House. Please be respectful to those around you." - the exact wording Steve questioned about 3 weeks ago, and which is not consistent with our standing forest order. We posted this at Bagby and removed other conflicting information.

I need more information to proceed, and this may involve reconsidering our standing forest order. It would help me immensely if either or both of you could find and provide examples of other public hot springs facilities on national forests and their corresponding forest regulations, so we can compare.

I appreciate the dialog and further conversation on how we can best provide service to the public. Don, sorry we have not yet connected directly by phone. The district has been extremely busy. This week we are also dealing with a tragic fatality in our staff family, so working with staff and arranging grief sessions has taken some additional time.

Alison S. Nelson
Acting District Ranger

Clackamas Ranger District

Tags: Bagby Hot Springs, legality of nudity, Nudism, Naturism

Breaking News at Bagby Hot Springs

Posted on the AANR Blog

This afternoon we were delighted to receive good news from your AANR-Northwest GAT Team. An agreement has been reached with officials of the United States Forest Service overseeing Bagby Hot Springs that restores the long-accepted policy allowing nudity.

According to the team, Bagby officials acknowledge that, in the long term, there are some details which need to be worked out clarifying conditions where nudity is permitted. In the interim, however, they have agreed to return matters to “status quo.” Put another way, nudity may be enjoyed under the same conditions as it has been for the past 18 years.

We have received assurances that verbiage confirming this decision will soon appear on the official Bagby Hot Springs site which may be accessed by clicking here.

And . . . three days later a post by Don Zirbel, the Oregon NACRep and member of the Naturist Action Committee's Board of Directors:

Many of you are undoubtedly aware of some growing confusion surrounding the U.S. Forest Service’s long-standing policy of allowing nude soaking at Bagby Hot Springs here in Oregon. I posted some information about that a few weeks ago and I figure it’s a good time to pass along another update.

As I mentioned previously, there had indeed been some recent changes in signage as well as the Forest Service’s website, which created some concern among soakers and naturists that nude soaking was no longer permitted and citations were being issued. I made a trip to Bagby to investigate rumors of mysterious appearances of “nudity prohibited” signage, although up to that point no one among various nudist/naturist organizations or hot springs enthusiasts had yet obtained physical evidence of the sign’s existence. I did find some signs and reported on them in the most recent issue of The Naturist Society’s N Magazine, and also set out to ascertain the significance and intent of the signage.

Long story short, it has been rather difficult getting all of the facts sorted out, partly due to the Forest Service’s internal organizational structure and a shift in assignments among the personnel associated with administration of the region responsible for Bagby. Added to that was the fact that the Forest Service’s intent with the new signage and information had become “lost in translation” to some extent. Over the past few weeks I have spoken with several Forest Service administrative personnel and they have asked for help in drafting new, clearer policy language, which addresses both the Forest Service’s concerns and objectives and is sensitive to the interests, concerns and views of the naturist and soaker communities.

The Acting District Ranger for the Mt Hood National Forest, whose jurisdiction includes Bagby Hot Springs and has been assigned the task of developing updated policy regarding nude soaking there, has contacted me and asked for NAC’s help and participation in a multi-organizational effort to establish a new policy that is fair and sensitive to everyone. The Forest Service is also seeking to become better informed and enlightened about the practices, customs, history and policies regarding nude recreation on public lands in other locales, and is eager to benefit from NAC’s long history and expertise with issues regarding public lands naturism. I am looking forward to representing NAC, and the naturist and soaker communities, in this ground-breaking cooperative relationship with the Forest Service, as well as the opportunity to work with other organizations on this project.

Rest assured that the Bagby nude soaking issue is not being, nor has it ever been, championed by any one organization. My experience thus far has been that the more “public” I am with my and NAC’s progress and status regarding Bagby, the more tendency it has to draw political sparring and jockeying for the head of the line, so to speak…and that is not only counterproductive to the overall objective, it is also an aspect of the “behind the scenes” realities of naturist politics that serves the individual beachgoer, soaker, hiker, skinnydipper, etc., absolutely no good to have to be sucked into. I am optimistic that this new opportunity will let us all overcome politics and work together with the U.S. Forest Service in the name and spirit of public lands nude recreation.

For the time being, until a new policy is developed, the Forest Service District Ranger has made the decision to leave the nudity policy as it has been; i.e., nude soaking is permitted in the immediate area of the bathhouse, and asking that everyone be respectful of others around them, as has always been the standard of soaking etiquette at Bagby.

As things evolve, I will keep everyone apprised. Thanks!

Don

Board of Directors,

Naturist Action Committee

Comment:

Well . . . NAC and GAT continue to 'not acknowledge or talk to one another'. As far as I can tell . . . AANR-GAT brought the problem at Bagby to our (the general naturist public) attention, while TNS-NAC was silent, as if caught off-guard by the sudden public involvement by GAT's Public Lands Liaison unit with Forest Service personnel. Only then did I see some postings on the subject by NAC.

Whom is trying to take credit here? GAT reports simply on it's own activities . . . NAC reports on it's belated involvement with subtle nudges of others involved, but definitely taking credit for what AANR-GAT has already reported. Seems self-serving to me.

Personally, I'm getting sick and tired of all this animosity between GAT and NAC. We must look like jokes to those we are attempting to negotiate with . . . divide and conquer, only we are doing the dividing.

Rick

NAC Advisory: San Onofre

**********************************************************************

NATURIST ACTION COMMITTEE

ADVISORY

**********************************************************************

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: September 4, 2009
SUBJECT: San Onofre 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.

NAC has learned that the California Department of Parks and Recreation (DPR) intends to ignore the law and will begin issuing citations for nudity in the traditional clothing-optional area at San Onofre State Beach, beginning Tuesday, September 8, 2009. According to DPR, the citations will be issued under Title 14, Section 4322 of the California Code of Regulations. That regulation allows an individual to be charged for nudity in a state park. Conviction under that section is NOT a sex offense.

Such ticketing, if it takes place, would be improper and illegal. The Naturist Action Committee and Friends of San Onofre Beach have petitioned the California Supreme Court to consider their lawsuit against DPR. Until the Supreme Court indicates whether it will hear the matter, the ruling of the Superior Court stands. Though DPR won a subsequent appeal, the ruling that's currently valid is the one that favored the naturists.

The court order that remains in effect until further notice was issued by Orange County Superior Court Judge Sheila Fell on August 27, 2008. It refers to the Department of Parks and Recreation as 'Parks.' The court order reads, in pertinent part, as follows:

"PARKS IS ORDERED TO MAINTAIN THE STATUS QUO, AND ENFORCE THE CAHILL POLICY."

CHOICES

A number of naturists have indicated their willingness to be cited for nudity at San Onofre on Tuesday so that a court may decide the matter of citations that have been issued while an existing court order is in effect forbidding them.

NAC recognizes that the choice to participate in such civil disobedience must be left to each individual. If you'd like more information on the choices and their possible ramifications, you may contact NAC board member Allen Baylis by e-mail at rab@baylislaw.com or by phone at (714) 962-0915.

DISCUSSION

The order mandating that the Parks Department continue to apply the Cahill/Harrison regulation which was issued by Orange County Superior Court Judge Shelia Fell has not been rescinded because the case is still under appeal. This order will remain in place until a higher court issues an order to Judge Fell to rescind her prior order. If that happens at all, it will be unlikely to take place before mid October. Therefore, if State Park Rangers issue citations for nudity without having first received a public complaint and allowing the nude person to get dressed to avoid a pubic nudity citation, they will be violating a court order. That is true in any traditional clothing optional area in a California State Park.

Over the past few days, Rangers have told people that trail 6 is no longer a nude beach and that they must get dressed. That is not accurate information. We expect that the rangers will continue the misinformation over Labor Day weekend.

As most of you know, the Parks Department has taken the battle statewide. In a blatant reversal of their position, the DPR chose to request publication of the Appellate Court opinion, which has the effect of abrogating the Cahill/Harrison regulation state wide. Their reason for doing this has been stated as: to avoid the significant cost of litigating the issue at other state parks, thereby giving them the ability to close other traditional clothing optional beaches at will. Clearly, what happens at San Onofre will certainly affect our right to be nude in other state parks.

We recognize that the level of resistance and the extent one will go to fight injustice is an individual decision. However, we must take a stand here and now to protect our nude beaches in California. There is nothing to be gained and much to be lost by acquiescing to government tyranny. It's a matter of LIBERTY! The founding fathers of our country would be proud of us for standing up against big government. Information about what happens if you get a citation is available here: www.friendsofsanonofre.org/whatif.htm

Friends of San Onofre Beach and the Naturist Action Committee intend to make sure that those who receive citations in this circumstance will not have to bear the full burden of dealing with the courts. First, it must be remembered that the original court order is still in place and enforceable. So, any citations issued should be easily dismissed. Also, if citations are issued, we will be back in court asserting our right to enforce the August 27, 2008 order.

Please continue to visit Trail 6 at San Onofre and continue to exercise your right to be nude there. If we simply walk away from San Onofre, we risk not only losing that beach, but all of the clothing-optional beaches in a Caifornia state parks.

Please report beach incidents to: NAC board member Allen Baylis 714-962-0915 - rab@baylislaw.com

MORE INFORMATION

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

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,

Allen Baylis
Board Member
Naturist Action Committee

---------------------------------------------------------------
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