SAN ONOFRE UNDER ATTACK

Update 7-30-11

 

San Onofre Friends,

Yes, it’s been a while since I updated the news here. Since October of last year, a lot has happened.

 

Most recently, the Park Rangers have been spending a significant amount of manpower and resources on ventures outside the park boundaries on Camp Pendleton Marine Base. On July 17, 2011, the Rangers spent at least 2 hours and three Park Ranges with two Marines aggressively running the naturists who have fled the state park to the relative safety of Camp Pendleton. For years Friends of San Onofre Beach and the Naturist Action Committee have not condoned and actually discouraged naturist encroachment on the Marine base. The Orange county Register and the LA Times ran the story on line and in print. Here are links to the online versions:

http://www.ocregister.com/news/state-309619-rangers-officials.html

http://www.latimes.com/news/local/la-me-0728-nudists-20110729,0,5227773.story

 

It seems that the Parks Dept. is getting aggressive state wide. We have heard reports of harassment of naturists at Gaviota State Beach and, according to an article in the weekly Carmel Pine Cone; at least a dozen citations have been issued at Garrapata State Beach http://www.pineconearchive2.com/110722PCA.pdf  If any of you knows someone who is a regular at Garrapata or someone who has been cited at that location, please have them contact me.

 

I attended meetings on March 2nd and also the meeting on July 8th.  NAC Area Representative Don Stanton attended the meeting of the State Park and Recreation Commission on January 4th and July 8th.

 

On May 26, NAC Executive Director Bob Morton and I flew to Sacramento and met with DPR Chief Counsel, Ann Malcolm, and Deputy Director for Park Operations, Tony Perez. The meeting was productive and we were able to clear the air on a few subjects. Mr. Perez agreed to have his staff take another look at the crime incident data the DPR used to justify the revocation of the Cahill Policy based on the analysis NAC has done.  Also, I was able to meet with Chief Counsel Ann Malcolm after the July 8 Commission meeting in Sacramento.

 

So far this summer, Ranges at San Onofre have issued five citations for nudity at trail 6. Having gotten dismissals on the ten previous cases, it seems that the San Diego District Attorney’s Office is no longer willing to dismiss the cases, but has proposed to the Court that the charges be reduced from misdemeanors to infractions. The defendants in the four cases which have reached this stage have opposed this, and the court has not granted the DA’s request. Needles to say, we will not give up so easily, and more legal maneuvers are in the works.

 

Here’s a quick synopsis of what has been happening during the past several months:

 

December 10, 2010; about 40 naturists attended a meeting of the California State Park and Recreation Commission in San Diego. 26 naturists spoke to the Commission about the need for the DPR to exercise its discretion to designate clothing optional areas in various state parks. However, the first speaker was interrupted by an agency attorney who distributed an inflammatory memorandum which cited the same flawed and misleading crime statistics used by the DPR to supposedly justify the abrogation of the Cahill Policy at San Onofre in 2008.

 

            First six months of 2011; a total of 10 citations for nudity at San Onofre have been dismissed by the San Diego District Attorney. All of the defendants insisted on exercising their constitutional right to a jury trial on the misdemeanor charges. The DA felt that these cases do no warrant the investment in time and resources that would be necessary to prosecute the cases and chose to simply dismiss them instead.

           

 

SAN ONOFRE UNDER ATTACK

Update 10-10-10

 

San Onofre Friends,

During September, DPR Ranger Mike Story (see picture below) issue 7 citations for nudity in the State Park. Of the three citations issue before summer, two of the victims of Rich Haydon’s wrath chose to accept a reasonable offer from the San Diego District Attorney to settle their cases. The remaining defendant has not accepted the offer and will likely proceed forward with the case. Each of the 7 later defendants has expressed a desire to fight the cases in court rather than settle. Friends of San Onofre Beach and the Naturist Action Committee are assisting in the procurement of top notch legal representation for the victims of this government oppression.

 

 

 

Ranger Story has been known to stake out at the top of the bluff near the goat trail and look south with binoculars or a camera to spot allegedly nude individuals near the volleyball court. If he suspects that someone is nude, he will drive down the road and proceed south along the beach at a high rate of speed.

 

            NAC and FOSOB are continuing their efforts in the administrative field toward our goal of gaining legally designated clothing optional areas in the state parks. We have continued to make public records requests and lobby key policy makers.

 

            As most of you know, in September we lost one of our dearest friends and most ardent supporters, Gerda Hayes. On Sept. 26, a memorial was held at the beach in her honor. Many friends and family attended. She will be missed by us all

 

 

With your support, we will regain our freedom, an honor Gerda’s wishes.

 

 

If anything happens at the beach, please let me know:

Allen Baylis 714-962-0915 - rab@baylislaw.com

 

To donate to Friends of San Onofre Beach, checks can be sent to:

Friends of San Onofre Beach

P. O. Box 6283

Huntington Beach, CA 92615-6283

 

To donate to the Naturist Action Committee, go to:

www.naturistaction.org/donate

 

You can also stay informed by checking the following websites:

www.naturistaction.org/sanonofre

 

www.friendsofsanonofre.org

 

AND: get on our email list by sending your request to info@friendsofsanonorre.org

 

 

 

SAN ONOFRE UNDER ATTACK

Update 7-24-10

 

San Onofre Friends,

No citations have been issued since May 14, 2010. The three cases that are active in the court are set for appearances in early August, and the defendants will be represented by an attorney.

 

Attendance is off dramatically at Trail 6 this summer, even more so than last year. This has resulted in a significant decrease in revenue, which I don’t believe the DPR can afford to ignore.

 

The Naturist Action Committee has issued the following Action Alert regarding our petition to designate clothing-optional areas in the State Parks. We encourage all of you to follow the instructions as indicated in the Alert, and write letters and/or emails to each of the listed government officials etc.

 

This is a matter that crosses the line between naturism and the "textile" world. This is a matter of personal freedom and holing the government accountable to the needs of the people. We hope that you will share this with your non-naturist friends and family because; even if they would never visit a clothing-optional beach themselves, those of us who do wish to do so, should have safe and legal clothing optional areas in the State Parks.

 

In your letters, you may wish to point out that San Onofre State Beach has suffered a dramatic decrease in paid day use and camping revenue since the implementation of the Department's oppressive policy.

 

Thank you for your continued support,

Allen Baylis

 

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                     NATURIST ACTION COMMITTEE
                           ACTION ALERT
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                   http://www.naturistaction.org
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Copyright 2010 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, 2010
SUBJECT: California
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 an effort to have the State of California create official designations of areas for clothing-optional recreation in state parks.

Under existing regulations (California Code of Regulations, Title 14, Section 4322), the California Department of Parks and Recreation (DPR) already has the authority to designate clothing-optional areas in units of the State Parks system. Through a petition that has been delivered to the Parks Department, the Naturist Action Committee has formally and specifically requested the Parks Department to make the designations it is presently allowed, by law, to make.

WHO SIGNED THE PETITION?

NAC invited California naturist and nudist clubs, groups and organizations to sign. The following sixteen signatories appear on the petition:

Naturist Action Committee
Friends of San Onofre Beach
BeachFront U.S.A
Black's Beach Bares
Friends of Gaviota
San Diego Camping Bares
Bay Area Naturists
Clothes Free International
Southern California Naturist Association
Whales Cave Conservancy
Naturists in the OC
Laguna del Sol
Nude Beach Alliance
Living Waters Spa
Naked Volleyball
Central Coast Naturists

Responding here to an anticipated question, NAC points out that it asked both the American Association for Nude Recreation and AANR-West to sign the petition for designation of appropriate areas for clothing-optional recreation in California State Parks. AANR and AANR-West each declined to sign.

IMPORTANT NEXT STEP: NAC ASKS YOU TO WRITE IN SUPPORT OF THE PETITION

NAC urgently requests that you contact the Director of CA Parks and other important California State officials to express your vigorous support for the petition they have in their hands.

So that your contacts will have the greatest effect, please first take a couple of moments to learn about this situation.

WHAT DOES THE PETITION SAY?

The petition reminds the California Department of Parks and Recreation of its existing authority to set aside areas in State Park units for nude recreation. Using the Department's own documents and publications to justify the request, NAC and its partners call attention to the fact that the published mission of the California Department of Parks and Recreation includes "creating opportunities for high-quality outdoor recreation."

NAC augmented the submitted petition with exhibits, including a California-specific public opinion poll published just last year. The Naturist Education Foundation commissioned an independent polling organization to conduct the 2009 NEF California Poll. In that statistically significant survey:

79 percent of Californians AGREED that "people should be able to enjoy nude sunbathing on a beach or other location that is designated for that purpose"

70 percent AGREED that "areas should be set aside for people who enjoy clothing-optional recreation such as nude sunbathing and swimming"

62 percent AGREED that "the California Department of Parks and Recreation should exercise the legal authority it has to designate clothing-optional areas in state parks?"

For the complete text of the petition and details of the publications, documents and public opinion polls that make up the impressive list of exhibits, go to:
http://www.naturistaction.org/ca.petition

WHAT IS NAC ASKING YOU TO DO?

The Naturist Action Committee is asking you to write to California officials, expressing your SUPPORT for the petition presented by the Naturist Action Committee and its partners. In this instance, we need WRITTEN contacts (paper letters, faxes, e-mails). See the contact list, below.

WHO SHOULD WRITE?

NAC is requesting ALL NATURISTS and other concerned individuals to contact California officials on this important matter, 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 opportunity to provide diverse recreational opportunities 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. Phone calls will likely be ineffective in this specific context.

     California Department of Parks and Recreation
     attention: Director Ruth Coleman
     1416 Ninth Street,
     Sacramento, CA 95816
     E-MAIL:
director@parks.ca.gov

     Governor Arnold Schwarzenegger
     State Capitol Building
     Sacramento, CA 95814
     FAX: 916-558-3160 (new number)
     WEB-BASED E-MAIL:
http://gov.ca.gov/interact

     California State Park & Recreation Commission
     P.O. Box 942896
     Sacramento, CA 94296-0001
     Louis Nastro, Assistant to the Commission
     E-MAIL:
LNastro@parks.ca.gov

     California Roundtable on Recreation, Parks and Tourism
     P.O. Box 942896
     Sacramento, CA 94296
     Nina Gordon, Chair
     E-MAIL:
ngordon@parks.ca.gov

     California State Parks Foundation
     Northern California, Headquarters
     50 Francisco Street, Suite 110
     San Francisco, CA  94133
     FAX: 415-772-8969
     Elizabeth Goldstein, President
     E-MAIL:
elizabeth@calparks.org

     California Department of Natural Resources  
     Natural Resources Agency
     1416 Ninth Street, Suite 1311
     Sacramento, CA 95814
     FAX: (916) 653-8102
     E-MAIL:
secretary@resources.ca.gov


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:
     
CA@naturistaction.org

When you write:

   a) Be polite.

   b) Be known. Give your name and address. If you are a California resident or a frequent visitor to California, be sure to point that out. Anonymous letters have very little impact.

   c) Be focused. Keep your correspondence brief and on target.

   d) Be positive. Remember that we're trying to ENCOURAGE the Parks Department to do something. Please do not take a scolding tone.

   e) Be clear. Say that you SUPPORT the petition asking for designation of clothing-optional areas in units of the State Park System.

A couple of additional writing points:

   a) For thirty years, the Department's Cahill Policy allowed a means to manage for clothing-optional recreation in units of the State Park system. The nullification of the Cahill Policy has left the department with no statewide policy to address a form of recreation that's obviously popular with the public. The submitted petition proposes a specific way to address the management of clothing-optional recreation.

   b) Rangers and park managers must NOT confuse simple nudity with lewd behavior. Rangers presently have the authority to stop lewd activity, and that authority is separate and different from the authority the Parks Department has to establish areas for clothing-optional recreation.

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 officials on the list, 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

---------------------------------------------------------------
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

 

 

 

SAN ONOFRE UNDER ATTACK

Update 5-15-10

 

San Onofre Friends,

We are in a new phase in the battle to retain our freedom at San Onofre. To date, there have been a total of four citations that we know of issued for nudity on the traditional clothing optional section at trail 6. I have been in contact with all four victims of the government abuse of power, and all of them are being represented by me as their attorney. I cannot discuss details or the legal status of these cases at this time, but I can say that none of the cases have had court appearances yet. I have been in contact with the San Diego District Attorney’s office, and expect that meaningful dialogue will be taking place in the near future.

 

The typical scenario has been that the Rangers drive down the road which parallels the fence at the southern border of the park, and use binoculars to spy on the beach goers. The tendency has been to target single individuals rather than groups. All of those cited have been male. (Homophobia?)

 

Here’s a picture of the Rangers wasting taxpayer money spying on the beach from the bluff:

 

 

Here’s a video, of a lifeguard warning me to put my clothes on: nudity warning

 

Also, it appears that DPR is suffering a significant loss in revenue at San Onofre since undertaking its assault on our freedom. Park attendance is down which is evident by the much smaller number of cars in the parking lot at Trail 6, and fewer people on the beach. In addition to having spent over $40,000 in the lawsuit in order to avoid the inconvenience of having to listen to the public regarding the revocation of the Cahill/Harrison regulation, they will likely lose at $100,000 or more in day use fees and annual pass sales.   

 

Friends of San Onofre Beach and the Naturist Action Committee are planning further action which we will announce in the next few weeks.

 

In the mean time, please continue to go to the beach and enjoy it as usual. If we vacate the beach, it will surely be lost!

 

If anything happens at the beach, please let me know:

Allen Baylis 714-962-0915 - rab@baylislaw.com

 

To donate to Friends of San Onofre Beach, checks can be sent to:

Friends of San Onofre Beach

P. O. Box 6283

Huntington Beach, CA 92615-6283

 

To donate to the Naturist Action Committee, go to:

www.naturistaction.org/donate

 

You can also stay informed by checking the following websites:

www.naturistaction.org/sanonofre

 

www.friendsofsanonofre.org

 

AND: get on our email list by sending your request to info@friendsofsanonorre.org

 

 

 

 

 

SAN ONOFRE UNDER ATTACK

Update 3-20-10

 

San Onofre Friends,

It’s been four months since the Supreme Court denied our petition for review of the Appellate Court’s decision regarding the Cahill/Harrison regulation. Since that time, no one has reported having been issued a citation for nudity on any of the traditionally clothing optional beaches in any of the state parks. As always, we want to hear from anybody that receives a citation or is harassed by rangers for being nude.

 

Again: To the best of our knowledge no citations for nudity have been issued since the Cahill/Harrison Policy has been revoked. We really can’t anticipate that the Parks Dept. has in mind for the summer, but you can be certain that if we don’t keep going to the beach and continue the long tradition of nude sunbathing, skinny-dipping and naked volleyball, the tradition will be lost. We must continue to show the government that we are not going to simply go away.

 

Over the past several months, the Parks Dept. has received some bad press as well. Here are links to some of the articles that appeared in the Orange County Register:

http://www.ocregister.com/news/complaints-221364-kramer-nudity.html

http://www.ocregister.com/opinion/government-222563-down-people.html

http://www.ocregister.com/news/nude-223297-percent-clothing.html

http://www.ocregister.com/news/beach-226977-sea-trail.html

 

After seeing how the press has been treating the subject, you can be certain that the first time a citation is issued; it will be in the news. You can also be certain that the Parks Dept. won’t look like the good guys.

 

I would also like to extend my thanks to those who reported the sea lion incident to us and sent pictures and reports of the situation our way. Without your help and that of all those who wrote emails to the DPR, the problem would have gone unreported and would not have been resolved.

 

We would like to have another rally at the beach this spring, so anyone who would like to help organize such an event should get in touch with me at the phone number or email address below.

 

Please continue to go to the beach and enjoy it as usual!

 

If anything happens at the beach, please let me know:

Allen Baylis 714-962-0915 - rab@baylislaw.com

 

To donate to Friends of San Onofre Beach, checks can be sent to:

Friends of San Onofre Beach

P. O. Box 6283

Huntington Beach, CA 92615-6283

 

To donate to the Naturist Action Committee, go to:

www.naturistaction.org/donate

 

You can also stay informed by checking the following websites:

www.naturistaction.org/sanonofre

 

www.friendsofsanonofre.org

 

AND: get on our email list by sending your request to info@friendsofsanonorre.org

 

 

SAN ONOFRE UNDER ATTACK

Update 10-22-09

 

San Onofre Friends,

Below is the NAC Update concerning the NAC/FOSOB lawsuit to keep the clothing optional beach a trail-6 open for naturist use. Today, the California Supreme Court denied our petition for review and request that the Court de-publish the Appellate Court opinion. While this is a major setback, the fight is far from over. We are not giving up on San Onofre or any other clothing optional beaches in California. This turn of events makes it all the more important that we fight harder than ever. The Parks Department has the authority to designate clothing optional areas in state parks. It’s time that the department started serving the public and exercise that authority in a meaningful way.

 

Please check back at this website often for further updates and information.

 

 

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                     NATURIST ACTION COMMITTEE

                              UPDATE

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                   http://www.naturistaction.org

 

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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    : October 22, 2009

SUBJECT : San Onofre Update

TO      : All naturists and other concerned citizens

 

Dear Naturist,

 

This is an update from the Naturist Action Committee (NAC) on the status of San Onofre State Beach and NAC's ongoing effort on behalf of naturists there.

 

In June of this year, a California state court of appeal ruled in favor of the California Department of Parks and Recreation (DPR) in its appeal of a Superior Court's ruling from 2008 that had favored naturists. The Naturist Action Committee and Friends of San Onofre Beach subsequently sought a ruling from the California Supreme Court. Today, the California Supreme Court declined to hear the case.

 

The appellate ruling was initially unpublished, but at the request of DPR, the appellate court later published the ruling. NAC requested that the ruling be de-published. However, as an adjunct to today's announcement, the California Supreme Court refused NAC's request to de-publish.

 

At issue in the lawsuit was 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.

 

TICKETS FOR NUDITY ARE POSSIBLE AT ALL CALIFORNIA STATE PARKS

 

The Supreme Court's refusal to hear the case allows the possibility that rangers may immediately begin issuing citations for nudity under Title 14, Section 4322 of the California Code of Regulations. Because the appeal ruling was published, this threat applies not only at San Onofre State Beach, but at ALL UNITS OF THE CALIFORNIA STATE PARK SYSTEM.

 

MORE INFORMATION

 

Details of this situation and specifics of the Cahill/Harrison Regulation and associated documents may be found on the NAC Web page: http://www.naturistaction.org/sanonofre

 

There, you will find background documents related to the Cahill Policy, the Harrison letter and NAC's lawsuit.

 

WHAT HAPPENS NEXT?

 

This is a tremendous setback, but the battle has not ended. The Naturist Action Committee is carefully considering the details of each of its remaining options and the ramifications of each.

 

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

 

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: http://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

---------------------------------------------------------------

 

 

 

SAN ONOFRE UNDER ATTACK

Update 9-19-09

 

LEGAL STATUS:

As of today, no citations have been issued. This should not be a surprise to anyone; read on.

 

I have received numerous emails asking about the legal status of nudity at trail 6. Let there be no misunderstanding; NUDITY IS STILL LEGAL AT TRAIL 6. While the DPR maintains that they may cite for nudity at will; they are simply trying to erode our numbers and scare people away from the beach. Please remember, everything they have said about their motivations and the legal situation since this issue arose last year has been a work of fiction. Unfortunately, every time the DPR states that they can cite at will, the media repeats the statement as if it were true. At this time; THE SUPERIOR COURT ORDER OF AUG. 27 2008 STANDS UNTIL FURTHER NOTICE. The DPR must follow the Cahill/Harrison Regulation.

 

RALLY SUCCESS:

The beach rally on Sept. 13 was a success. Friends of San Onofre would like to thank all of you who attended, and especially those of you who were willing to be photographed and interviewed by the media. We cannot protect and advance our rights without standing up and publicly acknowledging that we are naturists. No rangers showed up, no citations issued; no hassles at all.

 

Here are links to the news stories about our rally:

Orange County Register:

http://www.ocregister.com/articles/beach-state-year-2563678-court-nudists#

 

Los Angeles KTLA Channel 5:

http://www.ktla.com/videobeta/watch/?watch=405a7157-f436-4c8b-b5bf-33550904eeee&src=front

 

San Diego ABC Channel 10;

http://www.10news.com/video/20904706/

 

San Clemente Times:

http://www.sanclementetimes.com/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=1912&cntnt01returnid=99

 

Please continue to go to the beach and enjoy it as usual!

 

If anything happens at the beach, please let me know:

Allen Baylis 714-962-0915 - rab@baylislaw.com

 

To donate to Friends of San Onofre Beach, checks can be sent to:

Friends of San Onofre Beach

P. O. Box 6283

Huntington Beach, CA 92615-6283

 

To donate to the Naturist Action Committee, go to:

www.naturistaction.org/donate

 

You can also stay informed by checking the following websites:

www.naturistaction.org/sanonofre

 

www.friendsofsanonofre.org

 

AND: get on our email list by sending your request to info@friendsofsanonorre.org

 

 

SAN ONOFRE UNDER ATTACK

Update 9-11-09

 

BEACH RALLY SEPTEMBER 13!

There will be a rally in support of the continuation of the long tradition of clothing optional beaches in California State Parks.

 

A recent communiqué from AANR states the following concerning our rally on Sunday:

“It must be noted that the California Appellate Court has ordered the prior order issued by Orange County Superior Court Judge Sheila Fell to enforce Cahill reversed and that a new order be issued.”

 

Here's the flaw in the reasoning of both the Parks Department and AANR, who both seem to be intent on ending nude use in California state parks. Since we filed our petition for review with the Supreme Court, the Appellate Court HAS NOT issued an order to Fell to reverse her prior order. The Appellate Court order is stayed until the Supreme Court has acted in response to our petition. Therefore, Judge Fell’s order is still valid and enforceable. The rally will go on as planned.

 

This rally is a joint effort by the Naturist Acton Committee and Friends of San Onofre Beach.

Sunday, Sept. 13, 2009

11:30 to 1:00

Clothing Optional area, south end of Trail 6 beach

Bring signs and banners supporting our right to have a clothing optional beach.

 

It is extremely important that we have as many people present as possible! We have to show the DPR that we are not simply going to pack up and leave. We will stay and fight!

 

What to do if a Ranger Tells me to Get Dressed or Starts to Write a Citation

 

First, ask the ranger if there has been a complaint from a member of the public.

 

  • If he says that there has been a complaint; ask if he is issuing the order to get dressed under the provisions of the Cahill Policy.
  • If he says “yes” then he may legally cite you if you refuse to get dressed, and should not cite you if you comply with the order to get dressed.

 

  • If the ranger says no there has not been a complaint, then his order to get dressed is being made in violation of the court order. You may chose to:
    • Tell the ranger that you will not get dressed and take the citation; or,
    • Get dressed and possibly avoid the citation depending on what the ranger decides to do.

 

  • No Matter what, REMAIN CALM AND RESPECTFULL

One is bound only to comply with lawful orders of a peace officer. Our position is that if the order to get dressed or a citation is issued without the rangers first having received a com plaint, the order to get dressed is not lawful.

 

We respect everybody’s personal decision as to their willingness to be issued a citation and take the battle to the criminal courts. The decision to be nude or not is entirely up to the individual. However, even if you choose not to be nude at the rally, please attend and show your support!

 

Our success so far and the continued fight to save our beach depend on your donations. Legal costs at the Supreme Court level can be very expensive. Your help is needed now. Please make a donation to either, FOSOB or the Naturist Action Committee.

 

Please continue to visit trail 6 and exercise your right to be nude there. If we simply walk away from San Onofre, we risk not only losing trail 6, but all of the clothing optional beaches in the state parks.   

 

If anything happens at the beach, please let me know:

Allen Baylis 714-962-0915 - rab@baylislaw.com

 

To donate to Friends of San Onofre Beach, checks can be sent to:

Friends of San Onofre Beach

P. O. Box 6283

Huntington Beach, CA 92615-6283

 

To donate to the Naturist Action Committee, go to:

www.naturistaction.org/donate

 

You can also stay informed by checking the following websites:

www.naturistaction.org/sanonofre

 

www.friendsofsanonofre.org

 

AND: get on our email list by sending your request to info@friendsofsanonorre.org

 

 

SAN ONOFRE UNDER ATTACK

Update 9-4-09

 

Labor Day is rapidly approaching. As much as possible, I want to clear up any questions regarding the legal status to nudity at San Onofre trail 6 and the rest of the traditional clothing optional areas in the state parks.

 

The order issued on August 27, 2008 is valid and enforceable

 

The order mandating that the Parks Dept. continue to apply the Cahill/Harrison regulation which was issued by Orange County Superior Court Judge Shelia Fell has not been rescinded because the case is still under appeal. This order will remain in place until a higher court issues an order to Judge Fell to rescind her prior order. We don’t expect that to happen, if at all, before mid October. Therefore, if State Park Rangers issue citations for nudity without having first received a public complaint and allowing the nude person to get dressed to avoid a pubic nudity citation, they will be violating a court order. This is true in any traditional clothing optional area in a California State Park.

 

Over the past few days, Rangers have told people that trail 6 is no longer a nude beach and that they must get dressed. As stated above; this is a lie! We expect that the rangers will continue the misinformation over Labor Day weekend.

 

As most of you know, the Parks Dept. has taken the battle state wide. In a blatant reversal of their position, the DPR chose to request publication of the Appellate Court opinion, which has the effect of abrogating the Cahill/Harrison regulation state wide. Their reason for doing this has been stated as: to avoid the significant cost of litigating the issue at other state parks, thereby giving them the ability to close other traditional clothing optional beaches at will. Clearly, what happens at San Onofre will certainly affect our right to be nude in other state parks.

 

We recognize that the level of resistance and the extent one will go to fight injustice is an individual decision. However, we must take a stand here and now to protect our nude beaches in California. There is nothing to be gained and much to be lost by acquiescing to government tyranny. It’s a matter of LIBERTY! The founding fathers of our country would be proud of us for standing up against big government. Information about what happens if you get a citation is available here: www.friendsofsanonofre.org/whatif.htm

 

Friends of San Onofre Beach and the Naturist Action Committee intend to make sure that those who receive citations will not have to bear the full burden of dealing with the courts. First, it must be remembered that the original court order is still in place and enforceable. So, any citations issued should be easily dismissed. Also, if citations are issued, we will be back in court asserting our right to enforce the August 27, 2008 order.

 

Please continue to visit trail 6 and exercise your right to be nude there. If we simply walk away from San Onofre, we risk not only losing trail 6, but all of the clothing optional beaches in the state parks.   

 

If anything happens at the beach, please let me know:

Allen Baylis 714-962-0915 - rab@baylislaw.com

 

BEACH RALLY SEPTEMBER 13!

There will be a rally in support of the continuation of the long tradition of clothing optional beaches in California State Parks. This is a joint effort by the Naturist Acton Committee and Friends of San Onofre Beach.

Sunday, Sept. 13, 2009

11:30 to 1:00

Clothing Optional area, south end of Trail 6 beach

Bring signs and banners supporting our right to have a clothing optional beach.

 

It is extremely important that we have as many people present as possible! We have to show the DPR that we are not simply going to pack up and leave. We will stay and fight!

 

Our success so far and the continued fight to save our beach depend on your donations. Legal costs at the Supreme Court level can be very expensive. Your help is needed now. Please make a donation to either, FOSOB or the Naturist Action Committee.

 

To donate to Friends of San Onofre Beach, checks can be sent to:

Friends of San Onofre Beach

P. O. Box 6283

Huntington Beach, CA 92615-6283

 

To donate to the Naturist Action Committee, go to:

www.naturistaction.org/donate

 

You can also stay informed by checking the following websites:

www.naturistaction.org/sanonofre

 

www.friendsofsanonofre.org

 

AND: get on our email list by sending your request to info@friendsofsanonorre.org

SAN ONOFRE UNDER ATTACK

Update 7-23-09

 

 

Reports of the demise of clothing optional use of state parks are premature!

 

The Naturist Action Committee and Friends of San Onofre Beach have filed their Petition for Review in the California Supreme Court. This action along with others being taken by us effectively puts the Fourth District Court of Appeal’s order on hold. Therefore, the Cahill/Harrison Regulation is at this time valid and enforceable throughout California.

 

Fox Reno report on Supreme Court Filing:

http://www.foxreno.com/news/20156999/detail.html

 

Here’s another article in the OC Register about the latest action against naturists by the DPR. Don’t forget to vote in the poll too.

http://www.ocregister.com/articles/state-nudity-officials-2502858-nude-ban#

 

Please be assured that the Naturist Action Committee, Friends of San Onofre Beach, and our attorney, Elva Kopacz, are working hard to continue the fight to save the traditional clothing optional beaches in the California state parks. The Naturist Action Committee continues to represent the interests of Naturist Society affiliated public lands naturist groups throughout California.

 

Additionally, the Parks Department has now stated publicly on several occasions that they will not issue citations until after Labor Day. Based on our legal actions, however, it will likely be much longer that that… if ever.

 

As always, we deeply appreciate your continued support. If you wish to donate, we need funding to continue the fight and provide support should citations eventually be issued.

 

To donate to Friends of San Onofre Beach, checks can be sent to:

Friends of San Onofre Beach

P. O. Box 6283

Huntington Beach, CA 92615-6283

 

To donate to the Naturist Action Committee, go to:

www.naturistaction.org/donate/

 

You can also stay informed by checking the following websites:

http://www.naturistaction.org/sanonofre

http://www.naturistaction.org/AlertsAdvisoriesUpdates/alertsadvisoriesupdates.html

www.friendsofsanonofre.org

 

 

 

SAN ONOFRE UNDER ATTACK

Update 7-8-09

 

We have received reports of Rangers and Lifeguards patrolling the beach, and telling people at Trail 6 that they must remain clothed.

 

THESE ACTIONS BY THE RANGERS ARE ILLEGAL!

 

At this time, the Superior Court order of August 27, 2008 stands until the period for filing a petition for review by the California Supreme Court has ended. Therefore, the Cahill Policy is still in effect and cannot be revoked by the Parks Dept. The Naturist Action Committee and Friends of San Onofre Beach still fully intend to timely file a petition for review.

 

In the mean time, our attorney, Elva Kopacz has made the Department aware of the fact that Rangers are violating a valid court order. If they continue to act in violation of the order, we will take further legal action.

 

This fight is not anywhere near over. However, it will be over much more quickly if those who enjoy the beach naturally don’t visit any longer and we don’t stand up for our rights. We cannot relegate ourselves to passive, apathetic submission to authority when we are in the right. We are only as oppressed as we allow ourselves to be.

 

Thanks also to those who contacted us with information on the Ranger’s activities. Again, if anything happens, let me know:

Allen Baylis 714-962-0915 rab@baylislaw.com

 

To donate to Friends of San Onofre Beach, checks can be sent to:

Friends of San Onofre Beach

P. O. Box 6283

Huntington Beach, CA 92615-6283

 

To donate to the Naturist Action Committee, go to:

www.naturistaction.org/donate/

 

You can also stay informed by checking the following websites:

http://www.naturistaction.org/sanonofre

http://www.naturistaction.org/AlertsAdvisoriesUpdates/alertsadvisoriesupdates.html

www.friendsofsanonofre.org

 

 

SAN ONOFRE UNDER ATTACK

Update 7-3-09

 

I spoke yesterday afternoon (7-2-09) with Ken Kramer, State Park District Superintendent for the Orange Coast District. He informed me of the Department’s plans moving forward this summer. They are:

  • Replace the nudity prohibited signs
  • Engage in an educational period through the summer
  • Not enforce the anti-nudity regulation until after the summer season.

 

Essentially, their plan for this summer is the same as for last summer.

 

Please feel free to come to the beach and enjoy the summer. As always, we need to be proactive in maintaining the peaceful, family friendly atmosphere at the beach by standing up for proper behavior.

 

Beach clean up and BBQ

In celebration of the Naturist Society’s Nude Recreation Week, on July 12, Friends of San Onofre Beach and Naturists in the OC will be having a beach cleanup and Bar-B-Que. We will be serving hamburgers and hot dogs, while supplies last, or you can bring your own items to put on the grill.

 

  • Beach clean up will begin at 9:30. Trash bags will be provided.
  • The grills will be hot at about 11:30

 

We’re looking forward to seeing all of our supporters on July 12th

 

Naturally,

Allen Baylis

Friends of San Onofre

Naturists in the OC

 

 

 

SAN ONOFRE UNDER ATTACK

Update 6-26-09

 

COURT OF APPEAL RULES IN FAVOR OF STATE

 

As you can see from the NAC Action Alert below, the Court of Appeal has ruled in favor of the Parks Dept. Are obviously disappointed by the Court's ruling. However, Friends of San Onofre Beach and the Naturist Action Committee are prepared for the next steps. More information on what those steps are will be available as soon as they are finalized. In the mean time, we have not had any word from the Parks Dept. as to if or when they intend to issue citations for nudity at Trail-6.

 

Please be aware that as far as we know at this time, they could start issuing citations without warning. If you or anyone you know is issued a citation for nudity at Trail-6, we need to know about it as soon as possible.

 

Please report all incidents involving rangers at Trail-6, whether a citation is issued or not to me personally by calling 714-962-0915 or via email at rab@baylislaw.com

 

Thanks for your support. We will continue to fight for our right to be nude at Trail-6. Please watch for further updates.

 

Naturally,

 

Allen Baylis,

President, Friends of San Onofre Beach

 

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                     NATURIST ACTION COMMITTEE
                              UPDATE
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                   http://www.naturistaction.org/
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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: June 26, 2009
SUBJECT: San Onofre Update
TO: All naturists and other concerned citizens

Dear Naturist,


This is an update from the Naturist Action Committee on the status of San Onofre State Beach and NAC's ongoing effort on behalf of naturists there.

In an unpublished ruling issued yesterday, a California state court of appeals has ruled in favor of the California Department of Parks and Recreation in its appeal of a Superior Court's ruling from 2008 that had favored naturists.

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 ruling allows the possibility that rangers may immediately begin issuing citations for nudity at San Onofre State Beach under Title 14, Section 4322 of the California Code of Regulations. That is exactly the same threat that DPR had originally scheduled to take effect on June 1, 2008.

MORE INFORMATION

Details of this situation and specifics of the Cahill/Harrison Regulation and associated documents may be found on the NAC Web page: http://www.naturistaction.org/sanonofre href="http://www.naturistaction.org/sanonofre">www.naturistaction.org/sanonofre 

There, you will find background documents related to the Cahill Policy, the Harrison letter and NAC's lawsuit.

WHAT HAPPENS NEXT?


This is a setback, but the battle is not ended. The Naturist Action Committee has fourteen days to file a further appeal. NAC is carefully considering the details of each of its options and the ramifications of each.

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

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


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Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton       - mailto:execdir@naturistaction.org href="mailto:execdir@naturistaction.org">execdir@naturistaction.org
Board Member Allen Baylis       - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick  - mailto:naturist@sunclad.com href="mailto:naturist@sunclad.com">naturist@sunclad.com
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