NAC AND FOSOB GO TO COURT TO ENFORCE COURT’S ORDER, SEEK REMOVAL OF “NUDITY PROHIBITED” SIGNS

NAC AND FOSOB GO TO COURT TO ENFORCE COURT’S ORDER, SEEK REMOVAL OF “NUDITY PROHIBITED” SIGNS

NAC has issued an update regarding the Petition for a Writ of Prohibition:

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   NATURIST ACTION COMMITTEE
        UPDATE
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   http://www.naturistaction.org
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Copyright 2008 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 3, 2008
SUBJECT: San Onofre Update
TO: All naturists and other concerned citizens

Dear Naturist,

The beach at Trail 6 of San Onofre State Beach remains clothing-optional, thanks to quick and successful action by the Naturist Action Committee (NAC) and tremendous support from individual naturists and organizations. However, the battle for San Onofre is far from being over. This NAC Update is intended to provide you with current information on this important situation.

A BRIEF RECAP OF RECENT EVENTS

A California Superior Court ruled in August in favor of NAC in its lawsuit against the California Department of Parks and Recreation (DPR). DPR had attempted earlier this year to bypass state law regarding changes to public regulations, moving suddenly after more than 30 years to end the traditional clothing-optional use of a small portion of San Onofre State Beach in San Diego County.

In its order, the Court declared, "Dept of Parks must comply with the provisions of the California Administrative Procedures Act before it makes any changes in its enforcement." Further, the Court said, "until the administrative process is completed, Parks shall maintain the status quo, and enforce the Cahill Policy as it has done since its issuance and subsequent interpretation by the Harrison letter, at Trail 6 in San Onofre State Beach."

WHAT'S NEW?

As NAC had anticipated, the California Department of Parks and Recreation has appealed the order. Meanwhile, DPR has refused to remove the "Nudity Prohibited" signs that it had installed at San Onofre as part of its plan to ban naturist use of the beach.

Additionally, DPR personnel are misinforming the visiting public by telling them that there are no clothing optional areas at San Onofre and by saying that nudity is illegal south of Trail 6.

The signs and intentional misinformation are chilling, and they violate the Court's order to return to the status quo and the traditional enforcement of the Cahill/Harrison regulation. Earlier this week, NAC petitioned the Court of Appeals for a writ that would require removal of the signs and put a halt to DPR's campaign of misinformation at San Onofre State Beach. DPR has until October 13 to respond.

NAC THANKS YOU!

When the Naturist Action Committee asked for your grass roots participation in contacting the Director of DPR, you responded magnificently. Many of you are demonstrating through your generous contributions to NAC that you understand the significant expense associated with the Naturist Action Committee's important defense of naturism on public lands. NAC continues to rely on your support.

Friends of San Onofre Beach, NAC's co-plaintiff in the lawsuit, has done meaningful local fund raising. Also worthy of special mention is the gracious contribution made to NAC by the members of AANR-West.

NAC thanks all those who are choosing to make a difference!

MORE INFORMATION

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

There, you will find background documents and important files related to NAC's lawsuit, including NAC's recent petition for a writ to force removal of the "Nudity Prohibited" signs.

WHAT HAPPENS NEXT?

The Naturist Action Committee is in this for the long haul. Our successes have been significant, but no one should imagine that California's Department of Park and Recreation will simply give up its attempt to ban nudity at San Onofre.

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!

NAC is committed to the defense of clothing-optional use of public land. NAC does not hesitate to hire lawyers and lobbyists when it becomes necessary, but that can be very expensive. NAC does not have a membership roster on which it can simply assess dues. NAC relies entirely on the voluntary 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    - execdir@naturistaction.org
Board Member Allen Baylis   - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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DEPARTMENT OF PARKS AND RECREATION FILES APPEAL OF SUPERIOR COURT RULING

On September 2, the DPR filed a Notice of Appeal indicating their intent to seek appellate review of Judge Shelia Fell’s ruling in favor of NAC and FOSOB. Needless to say, this will add to the legal fees already incurred. Please continue to send donations to Friends of San Onofre Beach or the Naturist Action Committee.

Donations can be sent to:

Friends of San Onofre Beach

P.O. Box 6283

Huntington Beach, CA 92615-6283

Donations can also be made to the Naturist Action Committee: www.naturistaction.org/donate

Today, the Naturist Action Committee issued the following Update:

As NAC has anticipated, the California Department of Parks and Recreation (DPR) has filed its intent to appeal the recent Superior Court ruling. NAC has already prepared for the state's appeal and will meet that challenge in the Appellate Court. The California Attorney General's office is representing the DPR. To succeed, the AG will have to convince the Appellate Court that Superior Court Judge Sheila Fell "abused her discretion." That's a very difficult case to make.

In her ruling just a week ago, Judge Fell said, "until the administrative process is completed, Parks shall maintain the status quo, and enforce the Cahill Policy as it has done since its issuance and subsequent interpretation by the Harrison letter, at Trail 6 in San Onofre State Beach." However, the DPR has very pointedly refused to remove the "no nudity" signs that were installed when the Department attempted to rescind the Cahill/Harrison Regulation for San Onofre State Beach. NAC will be in court this week to ask the judge to insist that the signs be removed as a part of the return to the "status quo" that has been ordered.

MORE INFORMATION

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

WHAT IS NAC ASKING YOU TO DO?

This is a NAC Update. NAC is not asking for your specific action at this time. Please watch for NAC Action Alerts, Advisories and Updates on this important topic.

PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

NAC is committed to the defense of traditional clothing-optional use of public land. We are an organization of grass roots activists, but we do not hesitate to hire lawyers and lobbyists when it becomes necessary, as in the case of San Onofre. The defense of naturism can be very expensive, and NAC relies entirely on the voluntary financial support of people like YOU.

Please consider a generous donation to NAC.

   NAC
   PO Box 132
   Oshkosh, WI 54903

If you wish, you may call toll free (800) 886-7230 (8AM-4PM, Central Time, weekdays) to donate by phone using your MasterCard, Visa or Discover Card. Or you may 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 - execdir@naturistaction.org
Board Member Allen Baylis - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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SAN ONOFRE UNDER ATTACK

Update 8-27-08

COURT ISSUES FINAL RULING IN FAVOR OF NATURISTS IN SUIT AGAINST DEPARTMENT OF PARKS AND RECREATION

Late in the afternoon on August 27, Judge Shelia Fell issued her FINAL ruling on our Petition for Writ of Mandamus. The final ruling mirrored the tentative ruling of August 19. This ruling affirms the fact that nudity is legal at Trail 6 (and all other traditional clothing optional areas within the State Parks) unless a complaint is received from a member of the public. Also, the ruling affirms that the Department must conduct public hearings in accordance with the Administrative Procedures Act prior to making any changes in its enforcement policy regarding nudity within the State Parks.

The Court’s final ruling can be seen here: Final Ruling

Where do we go from here? The DPR essentially has three choices. First, it may choose to move forward with the proposed change in policy and proceed in accordance with the Administrative Procedures Act. Second, they may appeal the Court’s ruling that came out today. Or, third, they may choose to simply stick with the existing policy. It is our hope that if they choose to retain the status quo, we will be able to work with the DPR in order to improve the park for the benefit of all the visitors and employees of the DPR alike. In any case, the Naturist Action Committee and Friends of San Onofre Beach are ready to proceed in which ever manner is appropriate depending on what path DPR chooses to take.

We deeply appreciate the support of all of you who participated in making this ruling possible, whether by writing letters, making donations or simply kind words of encouragement on the beach. Keep up the good work!

This should be a reminder to everyone of the importance of being affiliated with a national organization that supports clothing optional beaches and understands exactly how to protect and advance the rights of naturists. I strongly encourage each of you to join The Naturist Society. It is TNS and its political adjunct, the Naturist Action Committee that have brought their expertise and national clout to the table to make this effort a success. Because of NAC’s involvement, people from all across North America have contributed to this success. Please support those who have supported us.

Allen Baylis

President, Friends of San Onofre Beach

SAN ONOFRE UNDER ATTACK

Update 8-21-08

Late in the afternoon on August 19, Judge Shelia Fell issued her TENTATIVE ruling on our Petition for Writ of Mandamus. The tentative ruling stated:

Naturist Action v CA State Dept of Parks & Rec

OSC re Writ of Mandate

14 California Code of Regulations § 4322 is a regulation allowing nudity in state parks in designated areas. As an interpretation of this policy that has been generally applied throughout the state parks system, the Cahill Policy, as interpreted by the Harrison letter, is a regulation [see Government Code § 11342 and Tidewater Marine Western v Bradshaw (1996) 14 Cal.4^th 557]. Thus, Dept of Parks must comply with the provisions of the California Administrative Procedures Act before it makes any changes in its enforcement.

Dept of Parks must submit changes in the regulation to the procedures set forth in the Administrative Procedure Act. Further, until the administrative process is completed, Dept of Parks shall maintain the status quo, and enforce the Cahill Policy as it has done since its issuance and subsequent interpretation by the Harrison letter, at Trail 6 in San Onofre State Beach.

Clearly, the judge found our position persuasive, and legally correct.

Yesterday, August 20, the hearing on our Petition was heard at 10:00 in Dept. 22 of the Orange County Superior Court. The Deputy Attorney General wished to present oral arguments in an effort to get the Judge to change her mind and rule in favor of the government. In her arguments, she presented no new legal theories or facts that were not presented in the government’s opposition papers. Our attorney, Elva Kopacz argued in rebuttal. Judge Fell then decided to take the matter under submission for further consideration.

Shortly after the hearing, the news media gathered and interviewed some of the participants in the hearing. Also, the Naturist Action Committee issued an update which is reproduced below. Additionally, NAC has posted more information and documents on it’s San Onofre dedicated webpage: http://naturistaction.org/sanonofre/ Please visit this page and become more familiar with all the issues and history behind clothing optional use at San Onofre and other State Parks.

The battle is not over yet. Even if we ultimately prevail at this stage, the government is not likely to give up on its efforts to restrict our liberty by closing San Onofre to clothing optional recreation. So, the continued support of all of you who value our small stretch of beach is vital to winning this battle.

Donations can be sent to:

Friends of San Onofre Beach

P.O. Box 6283

Huntington Beach, CA 92615-6283

Donations can also be made to the Naturist Action Committee: www.naturistaction.org/donate

Here is the NAC Update:

SAN ONOFRE UNDER ATTACK

Update 8-8-08

New website dedicated to San Onofre Information

The Naturist Action Committee has posted a webpage dedicated to making public many documents that we have obtained from the Department of Parks and Recreation. This page will be updated as more documents and information become available, so please go to it every so often to check for new material. The website is at: www.naturistaction.org/sanonofre.

As you probably know, the Naturist Action Committee and Friends of San Onofre Beach have filed suit in Orange County Superior Court seeking a court order to compel the DPR to have public hearings prior to any change in the longstanding Cahill/Harrison policy.

We have received opposition papers from DPR in response to our Petition, and are composing our reply papers. We have also sent discovery requests to DPR seeking more information than was available through the California Public Records Act.

Many of you have contributed your hard earned dollars to funding this battle. Both Friends of San Onofre Beach and the Naturist Action Committee are grateful for your support. Without your donations, we would be unable to take the DPR to task and hold them accountable to the public they serve.

Again, this is a fight that we can and will win. However, the continued support of all of you who value our small stretch of beach is vital to winning this battle.

Donations can be sent to:

Friends of San Onofre Beach

P.O. Box 6283

Huntington Beach, CA 92615-6283

Donations can also be made to the Naturist Action Committee: www.naturistaction.org/donate

Update 7-9-08

The Naturist Action Committee and Friends of San Onofre Beach have taken the battle to save our beach to court!

Please click here to see the NAC Update for more details

Many of you have been asking what we have been doing over the past few weeks to move the fight forward. As you probably know, the Naturist Action Committee had hired a lobbyist to advance our position in Sacramento. As a result of the lobbyist’s work, NAC Executive Director, Bob Morton and I met face to face with DPR Director Ruth Coleman and her advisors on July 2^nd. During this meeting, we asked specifically that the Department put a hold on the revocation of the Cahill Policy and conduct public hearings on the issue. Director Coleman denied our request. This put us in the position of having to go to court in order to force the government to comply with the Administrative Procedures Act.

Also, we learned that the primary issue behind the Director’s action is fear that one or more park employees may file a “hostile work environment” lawsuit. Our independent analysis of the likelihood that such a suit would have any merit indicates that it would not.

The issue is now in the courts. This of course was not our preferred method of resolving the matter. But the DPR’s refusal to work with the public they serve rather than engaging in bureaucratic tyranny forced us to take legal action.

Needless to say, this is going to get expensive. This is a fight that we can and will win. However, the continued support of all of you who value our small stretch of beach is vital to winning this battle.

Donations can be sent to:

Friends of San Onofre Beach

P.O. Box 6283

Huntington Beach, CA 92615-6283

Donations can also be made to the Naturist Action Committee: www.naturistaction.org

SAN ONOFRE UNDER ATTACK

Update 6-20-08

The DPR has made several statements to the press. To read my analysis their statements click here: San Onofre Fact or Fiction

SAN ONOFRE UNDER ATTACK

Update 6-17-08

Friends of San Onofre Beach continues to work closely with the Naturist Action Committee to reverse the decision to revoke the Cahill/Harrison Policy at San Onofre. The Naturist Action Committee has hired a lobbyist in Sacramento in an effort to achieve resolution through negotiation. The cost of this lobbyist is significant, (several thousand dollars) and Friends of San Onofre has committed to share in the cost.

Many of you have contributed money to help us save our nude beach, but much more work needs to be done, so we still need donations. Many people have asked me how much money they should donate. Well, that of course depends on your personal situation. But consider that most of us buy a State Park annual pass for $125 per year. Isn’t it worth at least that much to help save the beach? Needless to say, all donations are needed in any amount, but consider the value the nude beach brings to your life.

Donations can be sent to:

Friends of San Onofre Beach

P.O. Box 6283

Huntington Beach, CA 92615-6283

Donations can also be made to the Naturist Action Committee: www.naturistaction.org

The DPR has been distributing cards stating that “Public nudity at the state parks is, and has been, illegal pursuant to California Code of Regulations, Title 14, Section 4322. The Department has not designated any portion of the State Park System as “clothing optional.”

The DPR is choosing to ignore the Harrison letter sent to all Regional Directors dated June 14, 1988 which set DPR policy after the California v. Bost case. In adopting the court opinion as the policy of the state, Harrison stated: "So long as the [clothing optional] activity takes place in a traditionally recognized area it is legal unless and until a complaint from a member of the public is received. Upon such complaint a warning is to be issued and, if not heeded, a violation (of Title 14, California Code of Regulations Section 4322) has occurred." Click on the “Cahill” link on our home page to see the Cahill and Harrison memos.

Many of you sent letters and emails to DPR Director Coleman have received letters and emails in response. This is a form letter sent over the signature of Acting District Superintendent Joseph Milligan. (see sample here Parks Answer) If you get one of these letters or emails, I encourage you to respond to Superintendent Milligan, and copy in Director Ruth Coleman. You should make the following points.

The Department has undertaken to change public policy without notice to the public and an opportunity for public input.
Nudity has been legal in traditional clothing optional areas within the State Parks in accordance with the Cahill/Harrison policy. (As mentioned above)
The Cahill Memo of May 14, 1979 makes no mention of the policy’s application only in “remote” or “secluded” areas.
The naturist users of the Trail 6 area have supported law enforcement efforts to enforce the California Penal Codes that prohibit lewd conduct in public and indecent exposure. Enforcing these laws is all that is necessary to protect the public and park employees from any hostile work environment and to keep it free from any harassing and unlawful activities.

Also, if you have not written a letter to Director Coleman yet, it’s not too late. Follow the above guidelines and send it to:

Director Ruth Coleman

Dept. of Parks and Recreation

1416 Ninth Street,

Sacramento, CA 95814-5500

E-MAIL: director@parks.ca.gov

Thanks to all of you for your continued support of Friends of San Onofre Beach and the Naturist Action Committee. With out help from all of you, the future could be bleak.

Naturally,

Allen

SAN ONOFRE UNDER ATTACK

Update 6-6-08

Monday June 2^nd the Department of Parks and Recreation erected signs purporting to prohibit nudity:

Please do not let these signs scare you away. The survival of our beach depends on everybody continuing to go the beach and using it in the same clothing optional manner as we always have. The DPR has repeatedly stated that they will not issue any citations until after Labor Day. We will hold them to their word.

There has been a great deal of media coverage on this issue, and the press has been generally favorable. Here are some links to articles in the newspapers:

http://www.ocregister.com/articles/beach-state-stearns-2055843-san-people

http://www.sanclementetimes.com/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=1093&cntnt01dateformat=%25B%20%25d%2C%20%25Y&cntnt01returnid=99

http://www.signonsandiego.com/news/northcounty/20080606-9999-1n6nude.html

http://www.calcatholic.com/news/newsArticle.aspx?id=95b722d7-88ea-4360-9533-a5e7db8a07d1

Note the favorable comments by many readers and venom spewed by the “religious” folks.

http://www.ocregister.com/articles/beach-public-park-2062167-clothing-state

DPR Sector Superintendent Rich Haydon and DPR spokesman Roy Sterns have been quoted in the media (see articles above) making all manner of negative, misleading and outright false allegations about the beach at Trail 6 and the legal issues surrounding clothing optional use in the State Parks. On the other hand, those of us that have been quoted in the press have presented our side of the story well, and the reader comments have been overwhelmingly positive. It’s time for the DPR to realize that the public at large does not support their effort to close the nude beach.

Friends of San Onofre Beach and the Naturist Action Committee are prepared to take legal action to enforce our rights should negotiations with DPR not produce an agreement.

We need your support in every way possible, including sending letters or emails to DPR Director Ruth Coleman, and financial contributions to Friends of San Onofre Beach and the Naturist Action Committee.

If you have not done so already, please write or email DPR Director Coleman at:

Director Ruth Coleman

Dept. of Parks and Recreation

1416 Ninth Street,

Sacramento, CA 95816

E-MAIL: director@parks.ca.gov

DIRECTOR'S OFFICE TELEPHONE: (916) 653-8380

DIRECTOR'S OFFICE FAX: (916) 657-3903

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/AlertsAdvisoriesUpdates/Current/current.html

www.friendsofsanonofre.org

www.keepsanonofrenude.com

I thank all of you who have already written letters, made financial contributions and been available to talk to the press etc. This likely to be a long and expensive fight. We need everybody’s help. So please do your part to save our beach.

Allen Baylis

SAN ONOFRE UNDER ATTACK

Update 5-30-08

Yesterday, four representatives of the naturist community met with representatives of the Department of Parks and Recreation, including Tony Perez, Southern Division Chief. The naturist included Lloyd Johnson from Blacks Beach Bares two people from the San Onofre Volleyball group, and me as President of Friends of San Onofre Beach and Director of the Naturist Action Committee. We presented our points well and provided documents in support of keeping the Cahill Policy in place at San Onofre.

Coming out of the meeting, we were told that they would consider moving ahead with “public education” campaign and perhaps delay the beginning of enforcement action to a later date. We told them that if the Department was going to delay enforcement, a delay in commencing the “public education” phase was also necessary.

However, the nature of bureaucracies is that any challenge to a decision that has already been made or to the authority to make that decision is met with fierce resistance and an iron fist. It is their firm belief that the only way to rid the park of the criminals in the parking lot, on the Marine Base and the occasional miscreant on our beach is to remove the most supportive and positive influence there, the honest naturists at Trail 6.

Late this afternoon, I receive a call from Tony Perez. He informed me that the decision had been made to delay the commencement of the “public education” phase from June 1 to June 2, as they didn’t want to start on a weekend. They also felt that 30 days was not long enough to get the word out to enough people and they also didn’t want to interfere with the July 4^th holiday on the beach. He left the issue as to when the enforcement phase would start open.

We encourage you to continue to come to the beach and enjoy it as always. Do not be intimidated if a ranger comes up to you to “educate” you. Be polite, but also remember that you have the right to be left alone.

We are not going to take this laying down. Friends of San Onofre Beach and the Naturist Acton Committee are working hard on the next steps. No option is off the table, and we are willing to go the mat to save our beach. Your assistance and contribution are extremely important.

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/

May 21, 2008

San Onofre Nude Beach Under Attack

Dear San Onofre Friends,

Friends of San Onofre Beach was formed in 1995 by my predecessor, Marianna Handler. At the time, clothing optional use of our beach was threatened by incidents of illegal lewd behavior on the beach. Our beach is again threatened by a combination of irresponsible individuals engaging in illegal conduct of a sexual nature, and a change in local park management, who are willing to sacrifice the rights of the many law abiding naturists in order to rid the beach of the few miscreants. The people who engage in lewd conduct at the beach have always been laboring under the mistaken belief that, since nudity at the beach is illegal (which it is not) then they are free to engage in whatever kind of illegal (and it is illegal) lewd behavior they wish.

As you all know, Friends of San Onofre Beach has always promoted adherence to standard clothing optional beach etiquette and denounced the lewd conduct on the beach. We have worked well with the previous park management and maintained a cordial relationship with the rangers on the ground at trail 6. We have encouraged everyone on the beach to assist in curbing lewd behavior by warning those who engage in such conduct to stop whenever we see it happening. We have always told everyone on the beach that the fastest way to lose our right to be nude on the beach is to allow lewd behavior by others to continue. We have always advocated zero tolerance for lewd behavior. Having said that, many beach regulars have taken a more lazie-fair attitude.

Late in the afternoon on Monday May 19^th, Rich Haydon, the new Sector Superintendent for San Onofre, contacted me. He told me that Ruth Coleman, Director of California Department of Parks and Recreation had issued an order revoking the longstanding “Cahill Policy” as it applies to the San Onofre trail 6 area, effective June 1, 2008. Those of you who saw me and spoke to me on the beach last Saturday will recall that I had said that all was well with the rangers and park management. Needless to say, I was shocked and incensed by the revelation. I assure you that we will not take this laying down. I have been working closely with the Naturist Action Committee and have contacted the office of DPR Director Coleman’s office. Saving our beach is not a one-man job. All of you will be called upon to participate in the effort.

Obviously, local park management saw fit to exclude the public that they are sworn to serve in order to keep them in the dark about the proposed change in policy. When I asked Mr. Haydon why the naturist community had not been contacted prior to announcing the change in policy, he stated that they were not required to involve us in the decision making process. This can be seen only as a sneak attack by local park management.

So what is their supposed justification? According to Mr. Haydon, the “escalating” number of incidents of lewd conduct has created a “sexually charged atmosphere” in the park. The term “sexually charged atmosphere” is a legal term relating to sexual harassment in the workplace. Essentially, their claim is that park employees have complained that they are being subjected to a “sexually charged atmosphere” and therefore could sue the state on grounds of sexual harassment. These claims are alleged to have come form not only rangers, but also maintenance workers and even those working at the entrance gate. I believe that this absurd claim is the result of local management’s search for an excuse to close the beach to nudity that they believed would have the best chance to succeed. However, the theory has many flaws, some of which may be obvious, and some not so much so.

Any time government acts in secret; the public should be extremely suspicious of its motives and the alleged justification for the action. Yesterday afternoon, Tony Perez, DPR Southern Division Chief, contacted me. We had a long and productive conversation. However, one statement he made cleared up my question as to what was really going on. He has been told, and related to me, that the vast majority of visitors to trail 6 go there for the purpose of engaging in illegal lewd conduct. We all know better than that. Clearly, someone is on a mission to close the beach to nudity and is willing to do anything to make it happen.

On the other hand, Mr. Perez did admit that DPR should have sought public input on the issue prior to making a decision, and has agreed to meet with me and other representatives of the naturist community. Also, there is a possibility that the policy change may be put on hold until further discussion of the issues can be had.

This situation is evolving rapidly, and I have been working closely with the Naturist Action Committee, of which I am a board member. There are many options being explored, including litigation and hiring a lobbyist in Sacramento. For your part, I am asking that each of you to step up to the plate and participate in the fight to save our beach. Please participate in the letter/email campaign per the NAC Action Alert, which is located here:

http://www.naturistaction.org/AlertsAdvisoriesUpdates/ALERTS/CA_San_Onofre_05-21-08/ca_san_onofre_05-21-08.html

The chickens have come home to roost. Zero tolerance for lewd conduct must be maintained. We must also work to discourage people from trespassing onto the marine base. This is necessary because the base has been a safe haven for people engaging in lewd conduct, which has spilled over onto our beach. We simply cannot allow this to happen any longer. I know this will be painful for some of you, but there simply is no other way to bring about the changes necessary to save the beach.

We will be having a rally at San Onofre on Saturday, May 24 at 10:00 AM. Please plan to attend to support our efforts to save our beach, and to learn the latest information on what you can do to help and what FOSOB and NAC are doing. If you can make a sign to support our beach, please bring it.

See you there, and thank you for your support.

R. Allen Baylis, Esq.

President, Friends of San Onofre Beach

Director, Naturist Action Committee