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State Parks & Rec Letter
Regarding San Onofre Beach Nudity
and Followup

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SCNA received the following unsigned letter on California Parks & Recreation letterhead. Parts of the letter are incorrect as to the law, so we followed up with our local NAC Representative, Allen Baylis, who also is (conveniently) the head of Friends of San Onofre Beach. His correspondence follows below the original document:

California Department of Parks and Recreation
Orange Coast District Headquarters
3030 Avenida del Presidente
San Clemente, California 92672

Southern California Naturist Association
P.O. Box8366
Calabasas, California 91372

Dear Southern California Naturist Association,

The peace officer staff of San Onofre State Beach would like to take a moment of your time to address your organization about some concerns relating to San Onofre State Beach, specifically the area of Trail 6.

With summer approaching and as the Bluffs Campground prepares to open for camping we expect record-breaking crowds to return to San Onofre State Beach to enjoy the beach and escape from the inland heat. Large numbers of people come to the Trail 6 area to enjoy nude sunbathing in an area that has not been designated by the California Department of Parks and Recreation as a clothing-optional area. Just as a reminder to your organization, there are no areas in any California State Park unit that have been authorized for nude sunbathing or as a clothing optional beach/ area. With this in mind, the Orange Coast District Peace Officer Staff enforces the violation of the California Code of Regulations, Section 4322: Nudity, in accordance with the 1979 memorandum developed by past California State Parks director, Russell W. Cahill. "The enforcement of the nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations and arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations."

As the populations of surrounding communities continue to grow and with the advent of the Internet, the amount of people coming to the Trail 6 area continues to grow as well. In the past few years there has been an increasing amount of citations issued or arrests made for persons who have engaged in lewd conduct and/ or indecent exposure in the Trail 6 area. For many newcomers to this area there appears to be confusion between nude sunbathing and lewd sexual activity at a public beach. The State Parks Peace Officers of San Onofre State Beach have also cited/arrested persons who have admitted to being members of local and national naturist organizations, including a member of The Naturist Society. We know that The Naturist Society and The Friends of San Onofre Beach along with other naturist organizations work diligently to educate the people who visit these areas that "Nude is not Lewd". The primary purpose of this letter is to ask you and your membership, as well as those organizations that you affiliate with to continue your diligent education of people who use San Onofre State Beach for nude sunbathing. We ask that you remind your members that lewd activity and indecent exposure are serious violations of California law and any persons found engaged in lewd behavior will be cited and/or arrested. All acts of officer observed lewd conduct will be documented and all cases will be sent to the San Diego County District Attorney's office for prosecution of those individuals who take it upon themselves to violate the law.

Organizations like yours have worked hard and your members have sacrificed time, money and energy in preserving a way of recreation that they enjoy and want to preserve for others to enjoy. There are individuals that are engaging in inappropriate behavior in these areas that in turn are destroying the privilege that you have protected and worked so hard to preserve. If you have difficulty in attempting to approach these individuals or you encounter resistance while attempting to educate them do not challenge them. We highly recommend that you attempt to contact a State Park Ranger or Lifeguard and summon them for assistance. Additionally, if you are noticing inappropriate behavior while visiting the beach contact a Ranger or Lifeguard.

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Page 2
May 25,2005

Our goal is to provide and maintain a safe environment for a wide array of visitors to San Onofre State Beach. We would greatly appreciate your assistance in helping our peace officers in obtaining this goal. Enclosed is an abbreviated reminder of rules and regulations that are tailored for the Trail 6 area of San Onofre State Beach. This is an abbreviated listing and not all of the regulations are present.

Sincerely,

California Department of Parks and Recreation
Orange Coast District
San Onofre State Beach
State Park Peace Officer Staff
Enclosure (1)


Followup Discussion About This Letter:

Friday, June 17, 2005

Gary,
Yes, I got the same letter, as did Lloyd Johnson of Blacks Beach Bares. Neither of ours was signed by anyone; I assume yours was not signed either? The only real issue I have with the Rules & Regs sheet is the reference to "a federal citation for indecent exposure..." as there is no such thing. The MPs or any federal officer can enforce state law on federal property. But as you know, simply sunbathing or walking on the beach nude does not violate California's indecent exposure law.

Allen
Affiliated with the Southern California Naturist Association (SCNA)
23679 Calabasas Rd #160 Calabasas CA 91302-1502 (818) 225-2273