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Thursday, October 22, 2009

Supreme Court in California rejects Naturists lawsuit over Cahill nude beach policy

This is a pretty sad day for nudists in America. The Cahill policy that had been in effect for 30 years in California which has allowed nude sunbathing on many California beaches has been found to have been an illegal regulation.

This all started because the California Parks Department wanted to stop nude sunbathing at San Onofre beach.

In earlier negotiatations with the Parks department, Cahill would have stayed in effect at all beaches in California except San Onofre. And room for including more nude beaches was under discussion. This was a good compromise. Nudists would have lost San Onofre to nude sun bathing, but could have gained more beaches.

However, I guess some people do not understand the meaning of hazards of litigation and decided to sue. They put at risk nude sunbathing at ALL beaches in California. That was so obvious in the lawsuit.

Worse, not only was Cahill at risk in California, but Cahill was a model policy used by nudist groups in other states to work on getting legal nude beaches.

I was a past president of the Palm Springs Chamber of Commerce and was on the city council finance committee for a 2 year term. In politics you have to compromise if you want your way. That is normally the best solution as it would have been in this case.

I sure hope other nudist groups can work with the California parks department and salvage some safe nude beaches in California.

Here's the story:

"Court rejects nude beach policy

A nude beach advocacy group has lost a bid to the California Supreme Court for reinstatement of an informal state policy of allowing nudity on some state beaches.

The state high court, in an order issued in San Francisco Wednesday and announced today, declined to hear an appeal by the Naturist Action Committee. The action leaves in place a decision in which a Court of Appeal in Santa Ana last summer overturned a 30-year-old state policy of allowing some remote state beaches to be clothing-optional.

Under that policy, the state parks system tolerated nudity at certain beaches unless a citizen complained.

Bay Area state beaches that were allowed to be clothing-optional included Red Rock Beach in Marin County and Gray Whale Cove State Beach in San Mateo County.
But the appeals court said the policy was an illegal "underground regulation" because the California Recreation and Parks Department never completed procedural requirements for public notice and comment.

With the informal policy struck down, beaches are now governed by a state law that bans nudity on all state property....

Stearns said state beach officers will enforce the nudity ban but have "a lot of discretion" as to whether to give a warning, issue a misdemeanor citation or do nothing if they spot nude sunbathing...

The case stemmed from a lawsuit in which the Naturist Action Committee sued the parks department in an effort to block a plan to end nude sunbathing on San Onofre State Beach in San Diego County.

For the full story: click here



Anonymous said...

Why does California continue to take our rights away with these rulings. Now we can't take off our clothes on secluded beaches that have been naturist owned and oriented for decades. Land of the free my tanned behind;-)

Tom Mulhall said...

I agree, the decision sucks. Sadly the Cahill policy was litigated by some people prematurely in my opinion and now it is gone.

Anonymous said...

Oh but the good people at the California State Parks department have promised our friends at AANR GAT that they only wanted to close San Onofre they assured us they hav no designs on other clothing optional beaches. I trust them they wouldn't lie to us would they? LOL!