Friday, October 23, 2009

Some background info on San Onofre and the Cahill policy

The Metropolitan New-Enterprise which is Los Angeles' daily legal newspaper had an informative article about the San Onofre nude beach case and the Cahill policy today.

Here it is:

Supreme Court Denies Review of Nude Sunbathing Ruling

By STEVEN M. ELLIS, Staff Writer

...The high court on Wednesday declined to review or depublish the appellate court’s ruling that a former policy effectively allowing nude sunbathing at the beach as long as other beachgoers did not complain was never adopted as a regulation, and thus did not have to be formally repealed in order for officials to crack down on the practice.

The Fourth District’s Div. Three in June overturned a writ of mandate that had directed the California State Department of Parks and Recreation to reinstate its “Cahill Policy” pending formal adoption of the department’s plan to begin strict enforcement of its anti-nudity policy in all units of the state park system...

The solution, Cahill said, was that “enforcement of nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen” and that no one should be cited or arrested for violating Sec. 4322 unless efforts to obtain voluntary compliance were unavailing.

The department, however, announced last year that it was repealing the Cahill policy with respect to San Onofre State Beach, which includes a small area, Trail 6, where nude sunbathing has gone on for years. The department said that nearby population growth had increased the number of beachgoers, and there had been complaints regarding nudity, lewd conduct, and sexual harassment of department employees, and that as a result, it would begin strict enforcement of Sec. 4322 after Labor Day...

The case is Naturist Action Committee v. California State Department of Parks and Recreation (2009) 175 Cal.App.4th 1244.

Fro the full story click here


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