NAC Update
CALIFORNIA
San Onofre State Beach

July 9, 2008

RESOURCES

PREVIOUS NAC COMMUNIQUÉS ON THIS TOPIC

PUBLIC OPINION

INFORMATION FOR NATURISTS

DOCUMENTS RELATED TO THIS LAWSUIT

LAW AND POLICY

FROM FRIENDS OF SAN ONOFRE BEACH

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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: July 9, 2008
SUBJECT: NAC files San Onofre lawsuit
TO: Naturists and other concerned citizens

Dear Naturist,

This is an Update from NAC.

On Wednesday, July 9, 2008, the Naturist Action Committee filed a lawsuit against the California Department of Parks and Recreation (DPR), as a direct result of the Department’s recent attempt to put an abrupt end to traditional clothing-optional use at San Onofre State Beach in San Diego County. Judge Sheila Fell of the California Superior Court for Orange County has set a hearing on the matter for late August.

As presented in court by NAC’s attorney Elva Kopacz, NAC’s legal request is a “petition for a writ of alternative mandamus.” The action seeks relief for clothing-optional beach users who are threatened with citation and prosecution as a result of a precipitous change to public policy by DPR. The Department was represented in court by the California Attorney General’s office.

Director Ruth Coleman of CA Parks has revoked the Department’s long-standing Cahill Policy, as it is applied to San Onofre State Beach. That policy allows for the management of clothing-optional areas within state parks and has been in force statewide since 1979. According to records obtained by NAC under California’s Public Records Act, CA Parks has plans in place to issue citations to those who are merely nude in the traditional clothing-optional area at San Onofre State Beach.

Represented by attorney Elva Kopacz, the Naturist Action Committee maintains that in abrogating the Cahill Policy, the Department of Parks and Recreation has violated the state’s Administrative Procedures Act. The APA requires state agencies to go through prescribed procedures, including public hearings, before making changes to regulations or public policies that have the force of regulations. The DPR did none of those things and claims to be immune from the requirement.

Based on assurances in court from the Attorney General’s representative that no enforcement of the new anti-nudity posture would be made at San Onofre until after Labor Day, Judge Fell declined to rule immediately on the matter and set an August hearing date.

Joining NAC as petitioners are Friends of San Onofre Beach (the local naturist group), as well as individual beach users Allen Baylis and Gerda Hayes.

A VERY BRIEF SUMMARY OF THE SITUATION

Details of this situation and specifics of the Cahill Policy and associated documents may be found in the NAC Action Alert of May 21, 2008, and in the NAC Update of June 1, 2008. You will find those on NAC’s Web page: www.naturistaction.org Look under “ALERTS.”

NAC THANKS YOU FOR WHAT YOU’VE BEEN DOING!!

In its NAC Action Alert of May 21, the Naturist Action Committee asked for your specific action in sending correspondence to CA Parks Director Ruth Coleman, opposing the revocation of the Cahill Policy at San Onofre. NAC thanks you for your outstanding response, which has been impressive in terms of both quality and quantity.

WHAT HAS NAC BEEN DOING SINCE THE PREVIOUS UPDATE?

Since the previous NAC Update, the Naturist Action Committee has continued its vigorous effort to preserve the clothing-optional use of a portion of San Onofre State Beach.

  1) NAC has made additional Public Records requests for documents pertaining to this situation and the administrative action surrounding it.

  2) Through its lobbyist, Pete Price, NAC secured an appointment with DPR Director Ruth Coleman. In Sacramento on July 2, NAC Board Member Allen Baylis and NAC Executive Director Bob Morton had a face-to-face meeting with Director Coleman and her top advisors. The meeting lasted for more than an hour and covered a great deal of ground. In the end, however, Coleman and her staff refused to hold public hearings, as required by law.

  3) NAC filed its lawsuit on July 9, 2008.


WHAT HAPPENS NEXT?

DPR rangers are still supposed to be “educating” beachgoers to the threatened anti-nudity policy at San Onofre.

The Naturist Action Committee is preparing further for the court date in late August.


WHAT IS NAC ASKING YOU TO DO?

This is a NAC Update. No additional letters to Director Coleman are being sought at this time. However, NAC does request that you:

  1) Stay informed. NAC will continue to issue Action Alerts, Advisories and Updates on this issue as circumstances require. Look for them.

  2) Keep going to the beach at San Onofre, and keep using it in the traditional clothing-optional manner. CA Parks is attempting to intimidate beachgoers into simply evaporating. We must NOT allow that to happen!

  3) If you are approached by a ranger on the beach or in the parking area at San Onofre, make a detailed note of the encounter, including the date, the time, the ranger’s name and what was said. E-mail your account to:
sanonofre@naturistaction.org

Do not be combative or confrontational, but you may make it quite clear that you are taking notes.


MORE INFORMATION AND RESOURCES

Additional information and links are available, along with this NAC Update on the web site of the Naturist Action Committee.

  
www.naturistaction.org

Select "Alerts" and find this NAC Update under Current Updates.


PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

NAC is committed to the defense of traditional clothing-optional use of public land. NAC does not hesitate to hire lawyers and lobbyists when it’s 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-5PM 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,

Allen Baylis
Board Member
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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