NAC Update: California - Ruling delayed in San Onofre lawsuit

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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: August 20, 2008
SUBJECT: Judge postpones ruling in NAC's San Onofre lawsuit
TO: Naturists and other concerned citizens

Dear Naturist,

The Naturist Action Committee wishes to update you briefly concerning an intermediate step in the battle to preserve a portion of San Onofre State Beach for clothing-optional use.

As many of you are aware, today is the day a California Superior Court had designated for issuing a ruling in the lawsuit the Naturist Action Committee (NAC) has filed against the California Department of Parks and Recreation (DPR). Earlier this year, DPR had attempted to bypass state law regarding changes to public regulations, as it moved to end the traditional clothing-optional use of a small portion of San Onofre State Beach in San Diego County.

NAC sued, seeking to force DPR to follow state law.

A tentative ruling by the Court favored NAC, but following the presentation of oral arguments, Judge Sheila Fell said she would withhold a final ruling while she considers the issue further.

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

WHAT HAPPENS NEXT?

The Naturist Action Committee expects a final ruling within a matter of a few days. This delay must not be taken as an indication that we won't ultimately win. It's a reflection of the seriousness with which the judge views this matter.

WHAT IS NAC ASKING YOU TO DO?

This is a NAC Update. NAC is not asking for your action at this time.

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/sanonofre


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-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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NAC Update: California - San Onofre

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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.

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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NAC Update: San Onofre Sate Beach, CA

Updated information from NAC on the situation involving San Onofre State Beach in California.

Click HERE for a NAC Update.

NAC Action Alert: Sleeping Bear Dunes, Michigan

The Naturist Action Committee is encouraging your participation in a proactive opportunity at Sleeping Bear Dunes National Seashore in northern Michigan.

The National Park Service (NPS) is considering the future of Sleeping Bear Dunes and is presently developing a revised General Management Plan, Wilderness Study and Environmental Impact Statement that will guide the unit for the next 20 years. There is a long history of responsible clothing-optional recreation within the 71,000+ acres of the National Lakeshore at traditional locations like Otter Creek. The interests of naturists deserve to be reflected in whatever long-term planning is adopted.

CLICK HERE for the NAC Action Alert and complete details.

NAC Action Alert: San Onofre Beach, CA

The Naturist Action Committee asks for your immediate help in responding to a serious threat in California. For decades the "Cahill Policy" has been used by the California Dept of Parks and Rec as an even-handed way of managing clothing-optional recreation within state parks.

Now, CA Parks Director Ruth Coleman has rescinded Cahill as it applies to clothing-optional recreation at San Onofre State Beach in San Diego County. NAC is asking naturists and other concerned individuals to contact Director Coleman immediately to express their opposition to this outrageous change in public policy, which was decreed without the least bit of input from the public itself.

CLICK HERE for a NAC Action Alert that gives complete details.

NAC Advisory: Florida Legislation

In a NAC Advisory released today, The Naturist Action Committee informs naturists and others of important and threatening legislation that has been introduced in the state of Florida.

Similar to the first of several anti-naturist bills introduced in 2007, House Bill 801 comes from the same sponsor as last year's House Bill 269. With the help of naturists who responded to a NAC Action Alert last year, the 2007 crop of legislation was defeated.

In issuing its Advisory today, NAC has carefully called for NO ACTION at this moment. However, you are encouraged to be aware of further NAC Action Alerts, Advisories and Updates on this topic.

Click here to see the full text of today's NAC Advisory concerning Florida legislation.

NAC Advisory: NAC files as amicus in Ohio topfree appeal

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NATURIST ACTION COMMITTEE
ADVISORY
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http://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: December 18, 2007
SUBJECT: NAC files as amicus in Ohio topfree appeal
TO: All Naturists and other interested individuals

Dear Naturist,

The Naturist Action Committee has filed a legal memorandum with the Ohio Supreme Court in an appeal by a woman who was arrested and convicted for being topfree in a city park. NAC is acting as an amicus curiae, or "friend of the court," and its document supports the Court's acceptance of jurisdiction.

The woman, Lorien D. Bourne, is represented in her appeal by the Ohio chapter of the American Civil Liberties Union, which has filed a separate memorandum in support of jurisdiction. The Ohio Supreme Court is not obligated to accept the case, so the documents at this stage are intended to persuade the Court to recognize the importance of the case, and to take it under review.

WHAT IS NAC ASKING YOU TO DO?

This is a NAC Advisory. You are not being asked to take any action. Please watch for further Advisories and Updates from NAC on this issue.

MORE INFORMATION

For more information, including details of the case and the complete texts of the briefs of NAC and the ACLU, visit the Web site of the Naturist Action Committee: www.naturistaction.org. Click on "Alerts, Advisories & Updates" to find this NAC Advisory and links to additional information. The NAC Web site presents an expanded discussion of the Bourne appeal, including the further information on its importance to naturists.

NAC BECOMES INVOLVED WHEN ISSUES AFFECT NATURISTS. PLEASE HELP NAC!

The Naturist Action Committee is a volunteer nonprofit organization that exists to advance and protect the rights of naturists throughout North America. 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,

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
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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