The director of the California Department of Recreation has authorized law enforcement personnel to issue citations to people who are nude at San Onofre. I have no information on whether or not this is happening. I also do not know if people are going nude there. But why risk an incident and turn a lovely day into a sad one. For the time being Black's Beach is still a nudist beach. Also, there are several beaches in the Santa Barbara area where you can be nude without being hassled. Search for the Nude Beach Alliance Santa Barbara.
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to apply the Cahill/Harrison regulation which was issued by Orange County Superior Court Judge Shelia Fell has not been rescinded because the case is still under appeal.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.
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.
I was there on Sunday, a beautiful day. The rangers drove by without incident. Check out the Friends of San Onefre on the net...google it. It appears from recent blogs there that there will be no citations issued until after Labor Day!
I've just learned more about the status of San Onofre. The California State Court of Appeals has overturned a lower court decision made last fall that maintained the nude beach status quo at San Onofre. This recent ruling allows the California Department of Parks and Recreation to authorize its rangers to issue citations for nudity at state beaches. It is not clear if the department plans to do this right away or to wait till after Labor Day. The Naturist Action Committee is filing an appeal with the California Supreme Court.
Citations will not be issued until after Labor Day. I have met with Allan Baylis, an attorney with a law practice in Huntington Beach, CA who is also the President of "Friends of San Onofre." He confirmed the Labor Day date and has indicated that he will be meeting with California authorities at a date soon in the future, and if required, will fight "no nudity" use. When I was at San Onofre last weekend, there were new signs indicating "no nudity" at trail 6, but the ban was not enforced.