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
Please check back at this website often for further updates and information.
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NATURIST ACTION COMMITTEE
UPDATE
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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
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initially unpublished, but at the request of DPR, the appellate court later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
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
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) -
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
http://www.ocregister.com/articles/beach-state-year-2563678-court-nudists#
http://www.ktla.com/videobeta/watch/?watch=405a7157-f436-4c8b-b5bf-33550904eeee&src=front
http://www.10news.com/video/20904706/
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
To donate to the Naturist Action Committee, go to:
You can also stay informed by checking the following websites:
www.naturistaction.org/sanonofre
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
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.
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
To donate to the Naturist Action Committee, go to:
You can also stay informed by checking the following websites:
www.naturistaction.org/sanonofre
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
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
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
To donate to the Naturist Action Committee, go to:
You can also stay informed by checking the following websites:
www.naturistaction.org/sanonofre
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
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
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
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
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
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
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:
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.
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/
**********************************************************************
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
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
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
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 - 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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