California Supreme Court rejects Naturists lawsuit over Cahill Nude Beach policy

This is a pretty sad day for nudists in America. The Cahill policy that had been in effect for 30 years in California which has allowed nude sunbathing on many California beaches has been found to have been an illegal regulation.

This all started because the California Parks Department wanted to stop nude sunbathing at San Onofre beach.

In earlier negotiatations with the Parks department, Cahill would have stayed in effect at all beaches in California except San Onofre. And room for including more nude beaches was under discussion. This was a good compromise. Nudists would have lost San Onofre to nude sun bathing, but could have gained more beaches.

However, I guess some people do not understand the meaning of hazards of litigation and decided to sue. They put at risk nude sunbathing at ALL beaches in California. That was so obvious in the lawsuit.

Worse, not only was Cahill at risk in California, but Cahill was a model policy used by nudist groups in other states to work on getting legal nude beaches.

I was a past president of the Palm Springs Chamber of Commerce and was on the city council finance committee for a 2 year term. In politics you have to compromise if you want your way. That is normally the best solution as it would have been in this case.

I sure hope other nudist groups can work with the California parks department and salvage some safe nude beaches in California.

Here's the story:


"Court rejects nude beach policy

A nude beach advocacy group has lost a bid to the California Supreme Court for reinstatement of an informal state policy of allowing nudity on some state beaches.

The state high court, in an order issued in San Francisco Wednesday and announced today, declined to hear an appeal by the Naturist Action Committee. The action leaves in place a decision in which a Court of Appeal in Santa Ana last summer overturned a 30-year-old state policy of allowing some remote state beaches to be clothing-optional.

Under that policy, the state parks system tolerated nudity at certain beaches unless a citizen complained.

Bay Area state beaches that were allowed to be clothing-optional included Red Rock Beach in Marin County and Gray Whale Cove State Beach in San Mateo County.
But the appeals court said the policy was an illegal "underground regulation" because the California Recreation and Parks Department never completed procedural requirements for public notice and comment.

With the informal policy struck down, beaches are now governed by a state law that bans nudity on all state property....

Stearns said state beach officers will enforce the nudity ban but have "a lot of discretion" as to whether to give a warning, issue a misdemeanor citation or do nothing if they spot nude sunbathing...

The case stemmed from a lawsuit in which the Naturist Action Committee sued the parks department in an effort to block a plan to end nude sunbathing on San Onofre State Beach in San Diego County.

For the full story: click here

Tom

Tickets will be given on San Onofre Nude Beach starting Tuesday September 8th

The Naturist Action Committee or NAC on Friday September 4th posted this. I am reposting. Nudists beware!

"Friday, September 04, 2009
Tickets for nudity at San Onofre?

California Parks Department says tickets for nudity are imminent at San Onofre State Beach, despite current court order requiring adherence to the Cahill Policy as it existed last August.

posted by Naturist Action Committee

Tuesday, July 21, 2009
NAC Advisory: California

**********************************************************
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: July 21, 2009
SUBJECT: California 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.

Responding to a request from legal counsel for the California Department of Parks & Recreation (DPR), the California Court of Appeal for the 4th District has published the previously unpublished ruling it rendered last month in the San Onofre State Beach case. The recent appellate ruling overturned a 2008 Superior Court victory by the Naturist Action Committee and Friends of San Onofre Beach, a local naturist group.

At issue is 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.

The unpublished ruling applied only to San Onofre State Beach. However, publication gives the ruling greater precedential effect and allows the possibility that rangers may ignore the Cahill policy and may begin issuing citations for nudity at other state parks under Title 14, Section 4322 of the California Code of Regulations.

CAHILL

It has been suggested by some that the Cahill Policy has remained in effect throughout the years entirely through the good will of the California Parks Department. If that has been so, then the good will ended in May, 2008, when Parks Director Ruth Coleman singled out San Onofre State Beach and said, "Cahill does not apply there."

From that moment, the Cahill Policy became badly damaged goods. If it could be terminated abruptly and without appropriate process or public involvement at one state park, then it could happen at any state park, at any time. So much for good will.

Trusting the good will of public officials for something as important as protection from arrest for benign behavior has never been an intelligent choice. Relying on that same promise of good will after the trust has been publicly and intentionally broken is simply folly.

CHOICES

Confronted with the crippling damage dealt to the Cahill Policy at San Onofre, the Naturist Action Committee faced a basic choice. It could accept the loss of San Onofre, it could negotiate, or it could fight.

When the Parks Department refused to negotiate, NAC chose to fight.

NAC did not, and does not, look on the Cahill/Harrison regulation as a matter of good will. It’s a regulation, and it has been used exactly as regulation by each successive administration of the California Parks Department for THIRTY YEARS.

The Superior Court accepted NAC's contention that Cahill/Harrison is a regulation. The Court of Appeal recognized it as a regulation, too, though its different view concerning quality and extent were what allowed the reversal of the Superior Court’s procedural requirements for undoing the regulation.

NAC's legal challenge to DPR’s arbitrary destruction of Cahill at San Onofre did not cripple Cahill. That damage quite clearly had already been inflicted. Trusting "good will" while waiting for the next shoe to drop will NOT restore the damaged Cahill Policy. And at NO point has it EVER been true that accepting the loss of San Onofre will somehow inoculate naturists against the similar loss of another California beach or another California state park.

TICKETS?

DPR spokespersons have given conflicting information. One predicted that the Department would "tread lightly" on the matter of citations for nudity in state parks. Referring to San Onofre, another has said that no action was planned until at least after Labor Day. The truth is that there's really no way to know for sure.

WHAT HAPPENS NEXT?

Later this week, the Naturist Action Committee will file its petition to have the case heard by the California Supreme Court.

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

MORE INFORMATION

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,

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
------------------------------------------------------
Labels: Cahill, California, DPR, Harrison, San Onofre"

It will be a shame if San Onofre can no longer be used as a nude beach.

Tom Mulhall
Terra Cotta Inn clothing optional resort and spa
http://sunnyfun.com
Follow us on twitter at http://twitter.com/nudist_resorts
1-800-786-6938

State of Alabama bans wine label showing famous 1895 poster of a nymph and bicycle

Americans think we live in the "land of the free. Think again where nudity is involved.

Here in California, San Onofre nude beach had been a well run nude beach for around 40 years. A previous California Parks Department head came up with the Cahill policy (named after him) and the nude beaches of California were ran smoothly.

In came a new head of the parks department who had a bee in her bonnet (or up a certain part of her anatomy) about nudity and wanted to shut down San Onofre beach last year. Nudists went to court and won at the local level. They then lost at the court of appeals. Now nudists are going to appeal the ruling to the state Supreme Court.

Earlier this year, in Michigan, their alcohol control board outlawed Nude Beach Beer by Steven's Point Brewery of Wisconsin Click here for the nude beach beer story
The reason the Michigan liquor board banned it was the geniuses that run the Michigan Liquor control commission determined that the label may be "detrimental to your health" and thus needed to be banned. Now the beer inside the bottle was not considered detrimental. What is detrimental however is the thought that adults might enjoy themselves at a nude beach drinking beer.

Here's the story from Alabama:

"Alabama rules: If the nymph's naked, you can't buy that wine
In 1895, the French painter G. Massias produced this bicycle advertising poster (see above)... A wine with a label featuring the poster has been banned from sale in Alabama because it features a person "posed in an immodest or sensuous manner. Alabama's Alcoholic Beverage Control Board wants the Cycles Gladiator wine from California out of state stores and off their shelves because its label includes a small nude nymph...
Alabama's alcohol regulators are reminding stores in a warning notice that the beverage board last year ruled the label inappropriate, according to the newspaper.

For the full story click here

Many people commented on this story (120 people in less then 12 hours), almost all against the intrusion of "big brother." Many people rightly pointed out that this ban makes Alabama a laughing stock and looking like it's run by hicks. Sorry, it doesn't just make Alabama look bad, it makes all Americans look bad too.

America has a major problem with appointed politicians imposing their own personal agendas, versus doing what is right. And more and more our rights are being flushed away. we need to get a control over this political hacks before it is too late if it isn't already.

Tom Mulhall
Terra Cotta Inn clothing optional resort, Palm Springs, CA
The most mainstream nudist resort in America and perfect for couples topless or nude sunbathing for the first time
http://sunnyfun.com
1-800-786-6938