Update: Diamond Fork HS Citations

An Important Distinction as you read these articles: In Utah the state constitution ceded National Forest lands to the Federal government under proprietary jurisdiction. Under such an arrangement, state and county laws 'trump' Federal code. Here, in Washington State (and Oregon), National Forest lands were ceded with concurrent jurisdiction . . . which allows state law to be enforced, but not county ordnances. Rick

"The U.S. Forest Service may not care about nude soakers, but the sheriff's office will enforce anti-lewdness laws." Utah County Sherriff's Lt. Yvette Rice quoted in a news article on the citations in the Deseret News

Nude bathers cited at Utah County hot springs

http://www.ksl.com/?nid=148&sid=8981229

December 10th, 2009 @ 8:11am, Online Article Retrieved Dec 10th, 2009

UTAH COUNTY -- A confusing sign is coming down after a group of people were cited for skinny dipping at a hot springs in Utah County.

The Deseret News reports Utah County sheriff's deputies cited eight adults for lewdness at Diamond Fork Springs in the Uinta-Wasatch-Cache National Forest on an October evening just before midnight.

A spokeswoman with the Uinta-Wasatch-Cache National Forest, Lorraine Januzelli, says a sign posted near the springs warns bathers to be mindful of families and implies nudity at the springs is not illegal. Januzelli tells the Deseret News the forest service will take down the sign because it is causing confusion.

Some naturists are angry about the incident and tell the newspaper they tentatively plan a "soak-in" to protest.

The sheriff's office says it has repeatedly received reports of criminal activity, including sexual assaults, underage consumption of alcohol, and drug use at the hot springs.

The Comments Page has a large number of lively comments.

Also . . .

At Diamond Fork hot springs, get naked -- get cited

Spanish Fork » State and local laws hold sway when it comes to doffing the duds.

By Bob Mims

The Salt Lake Tribune

Updated: 12/10/2009 05:48:07 PM MST, Retrieved from the web Dec 10, 2009

... The Utah County site apparently had become an unofficial haven for skinny dipping, until eight nude bathers were detained by sheriff's deputies in October. The group of men and women were issued class B misdemeanor citations for lewdness.

The eight complained that a Forest Service sign near the site just east of Spanish Fork made it sound like bathing in the buff was allowed, but the citations were issued anyway, because state and county statutes are clear about public nudity being a no-no.

Lorraine Januzelli, spokeswoman for the Uinta-Wasatch-Cache National Forest, said both the deputies and the skinny dippers were right -- and the forest plans to remove the sign and, eventually, replace it with another one making clear the naked truth.

"The sign does say 'while nudity is not prohibited on forest trails,'" Januzelli said. "It also advises discretion, though, noting that the area is used by families and scouting troops."

The Code of Federal Regulations governing the forest does not prohibit nudity except where it can easily be observed by another person who may be offended.

In some states, that is that. But in other states classified as "proprietary" under their constitutions, such as Utah, state and county laws regarding nudity trump the federal code, Junuzelli explained.

"The sign will be coming down in the next couple days, as soon as the snow allows the rangers to remove it," she said Thursday. Sometime later, a new sign -- referencing state and county statutes banning public nudity -- will replace the marker.

Nudity has been banned for some time on the Wasatch-Cache portion of the forest, but it had not specifically been prohibited on the Uinta part. The two forests were merged in 2008, and apparently no one noticed the discrepancy until the eight citations were issued Oct. 11. ...

Article: Diamond Fork Hot Springs-A Warning to Nude Soakers

Katherine Pioli, Catalyst Magazine

Online content retrieved Dec 2, 2009

http://www.catalystmagazine.net/component/content/1048?task=view&ed=40

My weekend began as innocently as it should have ended: Eight young friends, six of whom were fire fighters for the US Forest Service celebrating the end of another fire season, spending a weekend camping in Utah.

Our destination was Diamond Fork hot springs, just east of Spanish Fork, Utah, toward Price. Diamond Fork is a popular destination for people from all over the state, and even the country. The pools, although usually "family friendly," are well-known for attracting more than the occasional group of nude bathers. Even those unfamiliar with the locale's reputation for bathing sans suits can get a good hint of its potential on the two-mile hike leading up to the springs. At the trailhead itself the Forest Service has posted a sign: "Although nudity is not prohibited on Forest Service land, discretion is advised." A mile up the trail, a bridge crosses a fork of the canyon's main creek. Scratched into the red paint on one railing is a message: "Warning, nude bathers." At one pool, pranksterish vandals have scrawled on the stones in faint red paint "Nude Only."

On this particular Saturday evening in October, my seven friends and I arrived at the trailhead well after dusk in order to avoid the usual crowd. We hiked the two miles in, only to find the lower pools still occupied. As the sole veteran Diamond Fork hot spring-goer of the group, I knew how to find more privacy. I led us on to a more hidden series of pools. To our delight we found them unoccupied.

For two hours we enjoyed ourselves in the hot water. We shared cheese and chocolate. We opened more than one bottle of wine. We set little red tea candles around the rim of the pool—just enough light to see each other's faces as we shared stories and talked.

Then, shortly before midnight, a middle-aged man walked out of the darkness and up to the edge of the pool. He sat down nonchalantly and started making small talk. He did not seem like the soaker type. He wore a red sweatshirt with Utah written across the chest and had a big brown mustache. I remember thinking offhandedly that he looked like a local hunter drawn in by curiosity. Although we were all naked, he did not at all appear alarmed or offended by our presence. So, warmed with wine and companionship, we gave him little attention until he asked us for marijuana.

That's when I felt something was wrong. We told him we did not have any. Almost immediately, four other similarly dressed men walked in from the trail. They circled the pool.

Suddenly, the light from our candles was drowned by bright flashlights. "This is the Utah County Sheriffs. You are all being charged with misdemeanors for lewdness. We need you to all cooperate. Get out, get dressed and present your identification or we will arrest you."

I thought for sure it must be a joke. I demanded to see one of the badges up close for verification. Couldn't this be, after all, just a strange group of men looking for an excuse to embarrass some naked bathers (especially myself and the three other women in the group)? But the badge seemed real enough.

I had to decide how to get out of my watery haven safely and somewhat modestly. I addressed the men in front of—and behind—me. Could you turn around, I asked them. Or turn off your flashlights so I can get out and put a towel around me? I won't run, I promised. To his credit, whichever of the five he was, one flashlight blinked off. The other four remained pointed at our group.

I realized that I wouldn't win this battle. So I lifted myself in all my womanly splendor out of the water and into the light and dashed for my nearby clothes. With enough on to cover and keep me warm in the chilly October night, I turned to address our intruders. That is when I noticed that one of my girlfriends still had not exited the pool. She was too embarrassed to leave the water. She only consented to climb out once I brought a towel over to shield her and wrap around her body as she stood up.

The rest of the event occurred with curt politeness from our side, businesslike impartiality from the other. We were well informed that if we did not comply we would be promptly led down the trail and booked.

And so eight citations were written that night by the Utah County Sheriffs. Eight misdemeanors were given for lewdness. Eight court dates have now been set and a group of bathers will soon be defending themselves or pleading guilty in a court of law in Provo.

We still don't know the harshness of the punishment. Theoretically, it could include jail time. It might be a $50 ticket. I have since heard from other bathers with misdemeanors for "lewdness" that the fine reached $1,000. For all I know, my name will now be included on a list of sex offenders, since Utah's lewdness statute lumps me together with people who have sex and masturbate in public.

I can be consoled by one thing: That night at the hot springs was not a complete bust. After taking down all our information, the sheriffs told us to enjoy the rest of our night. As long as we kept our bathing suits on, we could soak for as long as we wished. And so we did. How kind of them. u

Katherine Pioli is a staff writer for CATALYST, except in the summer when she is a forest firefighter in Wyoming.

Utah County Sheriff's Office: 801-851-4000

Complaints (Internal Affairs): 801-851-4330