NAC Advisory
Brattleboro, Vermont
August 5, 2007

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                       NATURIST ACTION COMMITTEE
                              ADVISORY
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www.naturistaction.org
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Copyright 2007 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: August 5, 2007
SUBJECT: Brattleboro, Vermont
TO: All Naturists

Dear Naturist,

This is an Advisory from the Naturist Action Committee concerning Brattleboro, Vermont. 

BRIEF HISTORY AND DISCUSSION
During a heat wave last summer, the town of Brattleboro received national media scrutiny for a local group of teenagers who liked to congregate while partially or fully naked in a downtown parking lot. At the time, Brattleboro's Selectboard chose not to act, with the belief that the nudity would cease when the chilly autumn weather arrived, which did happen.

On July 6 of this year, a 68-year-old man walked through the downtown area wearing only sandals and a fanny pack. The man told a reporter from the local paper that he had planned his vacation in order to visit Brattleboro because he had learned about their leniency towards public nudity through the Internet. This happened to coincide with Brattleboro's Gallery Walk, a popular monthly event that business owners consider a draw for tourists and their dollars.

After receiving many complaints from town residents and business owners, Brattleboro's Selectboard wrote an "emergency" temporary ordinance that prohibits nudity in the downtown area, in the town park, in the village of West Brattleboro, and also within 250 feet of a school or place of worship. The Selectboard enacted this ordinance by a margin of 3 to 2 and will consider making this ordinance permanent at their meeting next Tuesday, August 7, 2007.

WHAT IS NAC DOING?

The Naturist Action Committee has been working to organize and support Brattleboro residents who oppose the ordinance and will speak against making the ordinance permanent.

NAC board member Virginia Schnee has provided support to these residents in the form of talking points and brochures to distribute.

WHAT IS NAC ASKING YOU TO DO?

This is an advisory. NAC is asking that you NOT take action at this time, and unless you are a resident of Brattleboro, that you NOT attend the Selectboard meeting on Tuesday. Any participation from naturists outside of Brattleboro and the surrounding Vermont towns, no matter how well intentioned, would not be approved by the Selectboard and could seriously jeopardize the carefully organized efforts of NAC to support local residents.
 
MORE INFORMATION AND RESOURCES

Additional information and resources, including the complete text of the ordinance and other links, are available with this NAC Action Alert on the web site of the Naturist Action Committee.

    
www.naturistaction.org

Select "Alerts, Advisories & Updates" and find this NAC Advisory under Current Advisories.

PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

The Naturist Action Committee is a volunteer nonprofit organization that exists to advance and protect the rights of naturists throughout North America. Identifying and fighting bad local lawmaking is necessary, but it's expensive. To do its job, NAC relies entirely on the voluntary generosity of supporters like you. To donate to NAC, use the address below:

     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,

Virginia Schnee
Board Member
Naturist Action Committee

---------------------------------------------------------------
Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton       -
execdir@naturistaction.org
Board Member Virginia Schnee   -
virginia@schnee.com
Online Rep. Dennis Kirkpatrick  -
naturist@sunclad.com
---------------------------------------------------------------

 

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TEXT OF THE BRATTLEBORO ANTI-NUDITY ORDINANCE

Article V.
Public Nudity Ordinance

Authority
This ordinance is enacted pursuant to the authority granted the town
to promote the public health, safety, welfare, and convenience
contained in 24 V.S.A. 2291, and Article IV, Sections 27-29 of the
Charter of the Town of Brattleboro. This ordinance shall be a civil
ordinance within the meaning of 24 V.S.A. Chapter 59.

Purpose
It is the purpose of this ordinance to promote public welfare and
convenience by regulating public nudity, which is deemed to be a
nuisance for commerce.

Definitions
"Nudity" shall mean the showing of the human male or female
genitals, pubic area or buttocks with less than a full opaque covering,
or the showing of the female breast with less than a full opaque
covering of any portion of the areola. A woman breastfeeding her
child, irrespective of whether the breast is covered, shall not be
considered in a state of nudity.

"Prohibited Public Location" shall mean any location likely to be
observed by members of the public and where the public is present or
likely to be present, including streets, sidewalks, parks, parking lots,
and business and commercial establishments (both for profit and not-
for-profit). "Prohibited Public Location" shall not include doctor's
offices, hospitals, enclosed single sex public restrooms or functional
showers, locker and/or dressing room facilities, nor shall it include
those places in which nudity or exposure to nudity is necessarily and
customarily expected outside of the home and the sphere of privacy
constitutionally protected therein.

"Geographical Location" shall mean: the Brattleboro Downtown
District as defined in the Zoning Bylaws; The Brattleboro Common,
being bounded by Route 30, Route 5/Putney Road and Park Place; the
Route 5 Corridor from the Dummerston town line to the Guilford town
line being within 200 feet of the center line of the highway; the Route
9 Corridor from main Street west to the intersection with SunsetLake
Road, being within 200 feet of the center line of the highway; within
250 feet of any school, church or place of worship; Living Memorial
Park; and the Village of West Brattleboro as defined in the Zoning

Bylaws.
Public Nudity Prohibited

Within a Geographic Location as defined above, no person shall
knowingly or intentionally appear in a Prohibited Public Location in a
state of Nudity.

Civil Penalty
An issuing municipal official is authorized to recover civil penalties in
the following amounts for each violation:

    First offense: $100
    Second offense: $200
    Third offense: $300
    Fourth offense: $400
    Fifth offense and up: $500

Waiver Fee
An issuing municipal official is authorized to recover a waiver fee, in
lieu of civil penalty, in the amounts, for any person who declines to
contest a municipal complaint and pays the waiver fee:

    First offense: $50
    Second offense: $125
    Third offense: $200
    Fourth offense: $275
    Fifth offense and up: $350

Other Relief
In addition to the enforcement procedures available before the traffic
and municipal ordinance bureau, the Town of Brattleboro is authorized
to commence a civil action to obtain injunctive and other appropriate
relief, or to pursue any other remedy authorized by law.

 

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