Judge blocks no-nudity rules - San Diego Union Tribune

from: http://www.signonsandiego.com/news/northcounty/20080820-9999-1m20nude.html

Tentative ruling bars enforcement at beach
By Terry Rodgers
UNION-TRIBUNE STAFF WRITER

August 20, 2008

SAN ONOFRE – Nudists who congregate at the remote southern end of San Onofre State Beach can still let it all hang out, at least for a while longer.

A tentative ruling yesterday by an Orange County judge has halted plans by the state Parks and Recreation Department to enforce no-nudity rules after Labor Day.

“We've got them pinned back,” said Allen Baylis, president of the Friends of San Onofre Beach, a group seeking to preserve the nudist tradition at the north San Diego County beach.

In June, state parks officials announced they were ending a three-decade-old practice of allowing nudity at what is known as Trail 6 beach.

Parks officials said they intended, beginning Sept. 2, to cite or arrest beach-goers who refused to heed posted warnings prohibiting nudism.

The Naturist Action Committee, a national pro-nudist group, sued, claiming the state could not unilaterally change a state policy without first holding a public hearing. In addition, the suit said, parks officials must codify the new rules through the state's Office of Administrative Law.

In her preliminary ruling, Superior Court Judge Sheila Fell sided with the naturists and ordered the state to “maintain the status quo.”

Lawyers for both parties are scheduled to appear in court in Orange County today to deliver oral arguments on the ruling.

Nudism is not technically legal at California's state beaches. However, since 1978, the department's policy has been to leave nudists alone unless a complaint from the public is received.

Ultimately, state parks officials may still be able to adopt a zero-tolerance stance against nudity at San Onofre, but their path now contains more steps.

“This puts a huge speed bump in their way,” Baylis said.

Parks officials said strict enforcement of nudity laws was necessary to deter lewd conduct by people attracted to the permissive atmosphere at the beach. Action had to be taken, they said, because the illegal sexual activity had created a hostile and “sexually charged” workplace detrimental to park employees.

The naturists say they have cooperated for decades with state parks officials to deter sexual activity at the beach and its bluff-top trail.

“This is all about freedom,” Baylis said. “It has nothing to do with sex.”