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NATURIST ACTION COMMITTEE
UPDATE
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http://www.naturistaction.org
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Copyright 2008 by the Naturist Action Committee, which is responsible for its content. Permission is granted for the posting, forwarding or redistribution of this message, provided that it is reproduced in its entirety and without alteration.
DATE: July 9, 2008
SUBJECT: NAC files San Onofre lawsuit
TO: Naturists and other concerned citizens
Dear Naturist,
This is an Update from NAC.
On Wednesday, July 9, 2008, the Naturist Action Committee filed a lawsuit against the California Department of Parks and Recreation (DPR), as a direct result of the Department's recent attempt to put an abrupt end to traditional clothing-optional use at San Onofre State Beach in San Diego County . Judge Sheila Fell of the California Superior Court for Orange County has set a hearing on the matter for late August.
As presented in court by NAC's attorney Elva Kopacz, NAC's legal request is a "petition for a writ of alternative mandamus." The action seeks relief for clothing-optional beach users who are threatened with citation and prosecution as a result of a precipitous change to public policy by DPR. The Department was represented in court by the California Attorney General's office.
Director Ruth Coleman of CA Parks has revoked the Department's long-standing Cahill Policy, as it is applied to San Onofre State Beach. That policy allows for the management of clothing-optional areas within state parks and has been in force statewide since 1979. According to records obtained by NAC under California 's Public Records Act, CA Parks has plans in place to issue citations to those who are merely nude in the traditional clothing-optional area at San Onofre State Beach.
Represented by attorney Elva Kopacz, the Naturist Action Committee maintains that in abrogating the Cahill Policy, the Department of Parks and Recreation has violated the state's Administrative Procedures Act. The APA requires state agencies to go through prescribed procedures, including public hearings, before making changes to regulations or public policies that have the force of regulations. The DPR did none of those things and claims to be immune from the requirement.
Based on assurances in court from the Attorney General's representative that no enforcement of the new anti-nudity posture would be made at San Onofre until after Labor Day, Judge Fell declined to rule immediately on the matter and set an August hearing date.
Joining NAC as petitioners are Friends of San Onofre Beach (the local naturist group), as well as individual beach users Allen Baylis and Gerda Hayes.
A VERY BRIEF SUMMARY OF THE SITUATION
Details of this situation and specifics of the Cahill Policy and associated documents may be found in the NAC Action Alert of May 21, 2008, and in the NAC Update of June 1, 2008. You will find those on NAC's Web page: www.naturistaction.org Look under "ALERTS."
NAC THANKS YOU FOR WHAT YOU'VE BEEN DOING!!
In its NAC Action Alert of May 21, the Naturist Action Committee asked for your specific action in sending correspondence to CA Parks Director Ruth Coleman, opposing the revocation of the Cahill Policy at San Onofre. NAC thanks you for your outstanding response, which has been impressive in terms of both quality and quantity.
WHAT HAS NAC BEEN DOING SINCE THE PREVIOUS UPDATE?
Since the previous NAC Update, the Naturist Action Committee has continued its vigorous effort to preserve the clothing-optional use of a portion of San Onofre State Beach.
1) NAC has made additional Public Records requests for documents pertaining to this situation and the administrative action surrounding it.
2) Through its lobbyist, Pete Price, NAC secured an appointment with DPR Director Ruth Coleman. In Sacramento on July 2, NAC Board Member Allen Baylis and NAC Executive Director Bob Morton had a face-to-face meeting with Director Coleman and her top advisors. The meeting lasted for more than an hour and covered a great deal of ground. In the end, however, Coleman and her staff refused to hold public hearings, as required by law.
3) NAC filed its lawsuit on July 9, 2008.
WHAT HAPPENS NEXT?
DPR rangers are still supposed to be "educating" beachgoers to the threatened anti-nudity policy at San Onofre.
The Naturist Action Committee is preparing further for the court date in late August.
WHAT IS NAC ASKING YOU TO DO?
This is a NAC Update. No additional letters to Director Coleman are being sought at this time. However, NAC does request that you:
1) Stay informed. NAC will continue to issue Action Alerts, Advisories and Updates on this issue as circumstances require. Look for them.
2) Keep going to the beach at San Onofre, and keep using it in the traditional clothing-optional manner. CA Parks is attempting to intimidate beachgoers into simply evaporating. We must NOT allow that to happen!
3) If you are approached by a ranger on the beach or in the parking area at San Onofre, make a detailed note of the encounter, including the date, the time, the ranger's name and what was said. E-mail your account to: sanonofre@naturistaction.org
Do not be combative or confrontational, but you may make it quite clear that you are taking notes.
MORE INFORMATION AND RESOURCES
Additional information and links are available, along with this NAC Update on the web site of the Naturist Action Committee.
www.naturistaction.org
Select "Alerts" and find this NAC Update under Current Updates.
PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!
NAC is committed to the defense of traditional clothing-optional use of public land. NAC does not hesitate to hire lawyers and lobbyists when it's necessary, but that can be very expensive. NAC does not have a membership roster on which it can simply assess dues. NAC relies entirely on the voluntary 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-5PM 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
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Naturist Action Committee (NAC) - PO Box 132 , Oshkosh , WI 54903
Executive Dir. Bob Morton - execdir@naturistaction.org
Board Member Allen Baylis - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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DATE : June 1, 2008
SUBJECT: California: San Onofre State Beach
TO : Naturists and other concerned citizens
Dear Naturist,
This is an Update from the Naturist Action Committee. NAC is making you aware of recent developments, favorable and unfavorable, that are part of a serious threat in the state of California.
A VERY BRIEF SUMMARY OF THE SITUATION
As detailed in the NAC Action Alert of May 21, 2008, Ruth Coleman, Director of California's Department of Parks and Recreation, has abruptly terminated the Department's application of the Cahill Policy to clothing-optional portions of San Onofre State Beach in San Diego County. The Cahill Policy has been used successfully for decades as a management tool for clothing-optional areas within California State Parks.
The specious justification being given by CA Parks for the selective revocation of Cahill at San Onofre State Beach is that doing so will eliminate illicit sexual activity that occurs primarily on an adjacent military beach. The recision of the Cahill Policy would pave the way for park rangers to issue citations for simple nudity on the State Beach under Title 14, Section 4322 of the California Code of Regulations.
For a more detailed history of the situation and specifics of the Cahill Policy, please refer to the NAC Action Alert of May 21. You will find it on NAC's Web page: www.naturistaction.org Look under "ALERTS."
NAC THANKS YOU FOR WHAT YOU'VE BEEN DOING!!
In its NAC Action Alert of May 21, the Naturist Action Committee asked for your specific action in sending correspondence to CA Parks Director Ruth Coleman, opposing the revocation of the Cahill Policy at San Onofre. Your response has been overwhelming. Thank you!
Many hundreds of you have copied NAC on your correspondence. The quality and thoughtfulness of what you've written is gratifying. And the volume has been impressive. Director Coleman's office in Sacramento reports a significantly "increased work load" as a direct result of your letters, faxes and e-mails.
IMPORTANT: CONTINUE CONTACTING THE CA PARKS DIRECTOR
If you have not yet contacted the CA Parks Director, it's not too late. We won't repeat the full details here, but you can find information on contacting the Director (and suggestions for what to say) in the NAC Action Alert of May 21, 2008. You will find the Alert on NAC's Web page: www.naturistaction.org. Look under "ALERTS."
WHAT HAS NAC BEEN DOING?
The Naturist Action Committee took swift action at the onset of this situation and is continuing that action.
1) NAC has submitted to CA Parks a formal request for an administrative stay on implementation of this abrupt change in policy.
2) NAC has made multiple Public Records requests for documents pertaining to this situation and the administrative action surrounding it.
3) NAC has retained a specialized lobbyist to assist and advise in the area of regulatory procedure.
4) NAC has retained an attorney specifically for this matter and has begun the process that will ultimately result in civil action against the State of California and the Department of Parks and Recreation.
5) NAC continues working closely with Friends of San Onofre Beach, the local user group. Together, NAC and FOSOB staged a rally at the beach on May 24. Together, NAC and FOSOB met face-to-face with CA Parks officials on May 29.
WHAT HAPPENS NEXT?
Rangers had been told to begin "educating" beachgoers, starting June 1. The initiation of that exercise has been delayed by the insignificant period of a day. The issuing of citations for nudity in the traditional clothing-optional area was initially set to follow after 30 days. Now, CA Parks has delayed that action to commence after Labor Day. Of course, neither of these is a meaningful or acceptable response to the concerns of naturists.
WHAT IS NAC ASKING YOU TO DO?
1) Stay informed. NAC will continue to issue Action Alerts, Advisories and Updates on this issue as circumstances require. Look for them.
2) If you haven't already done so, write to the Director of the California Department of Parks & Recreation. It's not too late.
3) *THIS IS IMPORTANT!* Keep going to the beach at San Onofre, and keep using it in the traditional clothing-optional manner. CA Parks is attempting to intimidate beachgoers into simply evaporating. We must NOT allow that to happen!
4) If you are approached by a ranger on the beach or in the parking area, make a detailed note of the encounter, including the date, the time, the ranger's name and what was said. E-mail your account to: sanonofre@naturistaction.org. Do not be combative or confrontational, but you may make it quite clear that you are taking notes.
MORE INFORMATION AND RESOURCES
Additional information and links are available, along with this NAC Update on the web site of the Naturist Action Committee.
http://www.naturistaction.org
Select "Alerts" and find this NAC Update under Current Updates.
PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!
NAC is committed to the defense of traditional clothing-optional use of public land. Not surprisingly, hiring lawyers and lobbyists is a very expensive part of such a necessary defense. NAC does not have a membership roster on which it can assess dues. NAC relies entirely on the voluntary 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-5PM 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,
Allen Baylis
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 Allen Baylis - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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DATE: May 21, 2008
SUBJECT: California : San Onofre State Beach
TO: Naturists and other concerned citizens
Dear Naturist,
This is an Action Alert from the Naturist Action Committee. NAC is asking for your immediate help in responding to a serious threat in the state of California .
NAC has learned that Ruth Coleman, Director of California's Department of Parks and Recreation, has abruptly revoked the application of the Department's Cahill Policy, as it applies to clothing-optional portions of San Onofre State Beach in San Diego County . Rangers have been told to begin "educating" beachgoers, starting June 1. The issuing of citations for nudity in the traditional clothing-optional area is to follow after 30 days.
IMPORTANT: NAC ASKS YOU TO CONTACT THE CA PARKS DIRECTOR
NAC urgently requests that you contact the Director of CA Parks to express your vigorous opposition to this disastrous change in policy. Detailed contact information is included below. However, so that your contact with the Director's office will have the greatest impact, please first take a couple of moments to learn about this situation.
THE CAHILL POLICY
Since 1979, the California Department of Parks and Recreation has operated under a policy put in place by then-DPR Director Russ Cahill. The policy came in the form of a memo issued to senior staff, explaining Cahill's decision not to designate clothing-optional areas in state parks. It also directed that citations for nudity in state parks would only be issued following a complaint and a failure to comply after a subsequent warning.
The policy has been in continuous effect since it was issued. It figured prominently in an important court case ( California v. Bost) and was reaffirmed by CA Parks Deputy Director Jack Harrison in 1988.
Details of the Cahill memo, the Bost case and the Harrison letter are included on the NAC Web site, along with the text of California Code of Regulations, Title 14, Section 4322, which is the authority under which the Director proposes citing those who are nude at San Onofre.
WHY THE CHANGE NOW?
Naturists are always alert to the negative effect that illicit sexual activity can have on clothing-optional beaches. The regulars at many clothing-optional areas are quite effective at educating and discouraging those who would endanger the beach through sexual activities. At San Onofre, the problem has been diminished greatly in recent years, due in large part to those who really care about continued clothing-optional use of the beach.
The traditional clothing-optional beach at San Onofre is adjacent to Camp Pendleton , a Marine Corps training base. Although those who wander onto the military base are subject to arrest for trespass, the area is lightly patrolled. For those who seek sex in the open, the military beach has become the site of choice, and the razor wire field fencing at the property line has proved to be no obstacle. Naturists have shown reluctance to pursue the scofflaws onto the military base, and State Park Rangers have no authority there.
Recent retirements among those in the CA Parks management team responsible for San Onofre have brought replacements who are intolerant of clothing-optional recreation. Instead of encouraging and allowing the cooperation of naturists in policing illicit activity, Rich Haydon, the new manager who took over at the beginning of this month, has featured the nearby sexual activity in his reports, using it as an excuse to request permission to put an end to recreational nudity at the beach. Haydon has reportedly represented to his superiors that a majority of those who come to enjoy the clothing-optional beach are participants in illicit sex there.
The response from CA Parks headquarters in Sacramento was the revocation of the Cahill Policy as it applies to San Onofre. The Department is reportedly seeking to insulate itself from sexual harassment claims by park employees who have complained recently of a "sexually-charged atmosphere." That sort of complaint is customarily reserved for employer-employee or co-employee interaction, and it inappropriately ignores the fact that State Park rangers are peace officers with a duty to arrest those who engage in illicit activities.
IS IT ONLY SAN ONOFRE?
At the present time, only San Onofre State Beach is affected by this change in policy. The real possibility that the same thing may happen at other California state parks is, of course, an ominous specter.
WHAT IS NAC DOING?
The Naturist Action Committee recognizes the severity of this situation and has taken quick action.
1) NAC has submitted to CA Parks a formal request for an administrative stay on implementation of this abrupt change in policy.
2) NAC has made Public Records requests for documents pertaining to this situation and the administrative action surrounding it.
3) NAC is retaining a lobbyist to assist and advise it in the often-difficult area of regulatory procedure.
4) NAC has retained legal representation and has begun the process that may ultimately result in civil action against the State of California and the Department of Parks and Recreation.
5) From the onset of this situation, NAC has been working closely with Friends of San Onofre Beach, the local user group. NAC and FOSOB will be meeting with CA Parks officials this week on this matter.
WHAT IS NAC ASKING YOU TO DO?
The Naturist Action Committee is asking you to contact the Director of CA Parks to express your concern and outrage over this turn of events. NAC is also asking you to attend a rally at San Onofre this coming Saturday.
1. CONTACT THE DIRECTOR
NAC is requesting ALL NATURISTS and other concerned individuals to contact the Director of Parks and Recreation, 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 change in policy 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, or make a phone call.
Director Ruth Coleman
Dept. of Parks and Recreation
1416 Ninth Street ,
Sacramento , CA 95816
E-MAIL: director@parks.ca.gov
DIRECTOR'S OFFICE TELEPHONE: (916) 653-8380
DIRECTOR'S OFFICE FAX: (916) 657-3903
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:
sanonofre@naturistaction.org
When you write or call:
a) Be polite. You have a right to be outraged, but you will achieve nothing positive by name-calling or rudeness.
b) Be known. Give your name and address. If you are a California resident or a frequent visitor to California , point that out.
c) Be focused. Keep your call or your correspondence brief and on target.
d) Be clear. Say that you OPPOSE the revocation of the Cahill Policy at San Onofre State Beach in San Diego County .
Additional talking / writing points:
a) The precipitous change to public policy was done without public input. That's not an acceptable way to administer public resources.
b) The so-called "solution" does not address the real problem.
c) A recent public opinion poll (the 2006 NEF/Roper Poll, commissioned by the Naturist Education Foundation and conducted by the Roper polling organization) shows that a majority of Americans favor the setting aside of public lands for clothing-optional recreation.
d) In that same poll, an impressive 74 percent of Americans believe that people who enjoy nude sunbathing should be able to do so without interference from local officials as long as they do so at a beach that is accepted for that purpose.
e) Rangers and park managers must NOT confuse simple nudity with lewd behavior. Rangers presently have the authority to stop lewd activity, and that authority does not require the abrupt discontinuation of a long-standing policy that has worked well for years and years.
2. ATTEND A RALLY AT SAN ONOFRE BEACH ON SATURDAY, MAY 24
In close cooperation with Friends of San Onofre, NAC urges you to attend a rally at the beach on Saturday, May 24, 2008. Bring your own handmade signs to carry, if you wish. NAC will be providing a number of "Nude Beaches YES!" signs for participants.
This is an important event for those who are outraged at the Director's action and who believe San Onofre Beach is worth saving! If you're close enough to make it, please show up around 10 AM. Parking is limited.
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.
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 Director of CA Parks, 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: www.naturistaction.org/donate/
Thank you for choosing to make a difference.
Naturally,
Bob Morton
Executive Director
Naturist Action Committee
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Naturist Action Committee (NAC)
- PO Box 132 , Oshkosh , WI 54903
Executive Dir. Bob Morton - execdir@naturistaction.org
Board Member Allen Baylis - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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