Paper Protection

[jbeegoode]

 I re-posted on January 21, 2021, this informational article from NAC on my website:

https://thefreerangenaturist.org/2021/01/21/paper-protection/

In the United States, there are many various laws add-dressing nudity. Sometime they are so vague as to be misinterpreted by authorities. One solution to the outright fear, or trepidation that this creates, is to carry paper evidence of the facts…JUST in case.

Following this introduction, I’m providing a link to the Naturist Action Committee’s take on this. It is informative and well put. I hope that you give them the deserving support that they have earned over the years and perhaps, find this useful.

From NAC newsletter Dec. 2020

http://www.naturisteducation.org/library/newsletters/2020_12.pdf

"Naturist Action Committee/Naturist Education Foundation

Pages of History, NaturistAction.org, NaturistEducation.org

Staying Safe – A Public Beach Defense Advisory

By Richard Mason, NAC Board Member

Before a naturist makes a decision to go to a specific beach location to get nude, they should have completed a “predictive thinking” mental exercise on how they would behave if approached by a law enforcement officer, how it would be best for them to act, and what they would do to try to avoid a ticket.

Before you stock the cooler, pack your “legal  defense kit”.   

When you go to a public beach, you should have with you a copy of the following:

►Your most current membership cards for any nudist organizations you belong to

►The Naturist Beach Etiquette

►The Naturist Bill of Rights

►Your driver’s license

►Your passport

►The 6th Amendment to the US Constitution

Put these, or copies of them, in a sturdy freezer quality zippered storage bag.  The importance of these documents is to differentiate yourself from the other people who may go nude with a sexual agenda in mind. You do not know why the law enforcement officer is there.  They may be there on a specific complaint against you, or they may be there on a sweep.

If they were sent there specifically on a complaint against you, it is important to know because that will kick ­in specific US Constitutional protections.

If they are there on a general sweep,  then the legal documents will be your first line of defense in differentiating you from the people they were sent there to cite.

Don’t reach into your beach bag at any time.  If you have everything stowed in your beach bag, inform the officer and immediately give them permission to examine your beach bag.  Even if you’re top­free, don’t reach for your top without permission.

Complying with law enforcement commands will help prevent added charges of obstruction.   

By being pro­actively savvy and cooperative you may put the officer more at ease and establish a  friendly atmosphere which can aid in diffusing the situation.

Inform the officer that if nude sunbathing is discouraged in that location, you will be happy to get dressed and leave the area.  If they indicate that they are going to write a citation, ask what law you are being charged with violating. Research will be needed to get the citation dismissed.

Note:  NAC and NEF maintain a statute law page and a case law page. They are a great starting point  for research, and we welcome any updates that naturists find.

Amendment 6 of the US Constitution states, and has been interpreted,  that  the  witnesses  must  have  provided  a  signed complaint or appear in court.  In Miami at the police academy they  teach  that  witnesses  must  sign  a  complaint  and  must  also appear  in  court. If there is no one to challenge that  issue, it will be overlooked by the system; and not to the advantage of the defendant.

I, thru SFFB and now NAC, have assisted with well over 200  cases.   All were dismissed. We first educate  the person who was cited.  After hearing the elements of the case, we send them information that can help them get the case dismissed in court if they are planning to defend themselves.

We recommend they have an attorney. If the charge is disorderly conduct, they may get lucky on their  own and get the case dismissed.   

If the charges are areas such as; indecent exposure, lewd & lascivious, or  sexual enticement, these are serious, and a conviction may get you on the sexual predator list, which can ruin your life.

Nude sunbathing does not reach the level of indecent exposure, but you can get convicted without a strong defense. We work with public defenders and private attorneys.

Naturists need to take the time to study the court decisions concerning public nudity in the state they are living or even the state they are visiting for nude recreation.  Visit or speak to the public defender in  your county or the county where nude recreation is located. Research the case law together or online or  visit a public or university law library. There are students working in these libraries who can help you.  Protect yourself and your colleagues. Protect yourself. Be smart – and polite – about it, and keep the legalities in mind.

Please share this information with others too.

This is an abbreviated version of the article originally published in our November 2020 newsletter.“

Before you stock the cooler, pack your “legal defense kit”. ”

[Greenbare Woods]

Thanks for posting that Jbee.

When you go to a public beach, you should have with you a copy of the following:

►Your most current membership cards for any nudist organizations you belong to
►The Naturist Beach Etiquette
►The Naturist Bill of Rights

I agree with the membership card, but I have disagreements with their Beach Etiquette, and their Bill of Rights.  For example their "Bill of Rights" says that nude is ONLY a right in "appropriate places."   As a Free Range Nudist, I'm usually being naked somewhere else. 

►Your driver’s license
►Your passport
►The 6th Amendment to the US Constitution

I usually bring my wallet with my driver's license, credit cards, etc.  However I don't ever carry my passport unless I'm visiting some other country.  I carried my passport at Cap d'Agde, but never at the Cheney Wetlands Trail where I bicycled naked last summer.

One paper I carry that isn't mentioned is a print out of a published newspaper story from Seattle stating that Nude is Legal anywhere in Seattle, and discusses the court case that forced Seattle to remove its city ordinance that previously made nudity illegal.  Even though I'm near Spokane, and not Seattle, the court case applied Washington State Law, and applies equally to my area.  Nudity is legal everywhere in Seattle because nudity is legal everywhere in Washington State.  I mostly carry the paper to show to anyone who complains or threatens to call police.  I sometimes wonder if police would bother reading the article, or of they are smart enough to understand it. 

The Naturist membership card may convince the police (or the judge) that being naked didn't demonstrate "intent" to alarm others.  I really don't want to be arrested and find out though.  That whole process is a huge penalty, even if you aren't convicted.

It would be very helpful if the NAC would provide the name and phone number of an attorney in each US State to phone if we are ever arrested for nudity.  Most attorneys likely aren't nudists and aren't familiar with nudist law and cases. Knowing a nudist friendly attorney would be much better than just looking in a phone book or on-line directory.   I would love to carry the attorney's card, or at least phone number.  I would record his/her number on my cell phone.  NAC really has never been very helpful out here in the big world of Naturism (except, perhaps, at designated pay-for-play beaches).

[jbeegoode]

Bob,
I think that you are referring to the two lines of the ANRR Bill of Rights that refer to "APPROPRIATE" nudity.

Number "5" "Nudist have the right to assemble in the nude in appropriate settings."
and
Number "7" "Nudists have the right to responsibly enjoy being nude within appropriate locations on public lands."

Something that we both wholeheartedly disagree with and have found ways to voice that disagreement on multiple forums. We should endeavor to call them out whenever the document is presented.

Yea, there is certainly a self-defeating and unjust argument there. It does have some pull as a document generated by a body with some consensus and may be useful in the time at hand with an authority at some time of being threatened. This whole NAC thing is geared to use when on a traditionally nude used area of public land it seems.

There is also a definition of "appropriate" which is lacking. That term is widely varied. Does this mean a designated pen for nudity, or just away from the trailheads, or something more reasonable, or something more restrictive? I suppose that we could lay in whatever those boundaries are, subject to interpretation. Still, the inflection is that there is something wrong with the sight of my naked body, which is unacceptable, as it is insulting to myself, my humanity and rightful freedom, which is the problem.

I have my reservations about using this document to the point that it establishes the negative connotation on nudity, if used too much and not questioned regularly. Thank-you for bringing it up. I should mention this point in my website article. Perhaps a comment section thing, or an addendum. You are welcomed to make a comment which would clarify the point that you are making.


I think that each legal problem is unique to an extent. Each lawyer has strengths to address a legal argument. If there was a data base, a list of "nude-orientated" attorneys, there is a danger that the wrong one might be used. There is also, much work to be done to maintain a list on line. The current procedure, is to contact the area rep of NAC and then get the current and best info from them personally. The system is small and can be managed at this time without a directory. Sometimes an attorney isn't necessary, sometimes, the cold hard reality is that there is little to be done. Sometimes a rep from NAC speaking out is enough.

One reason that I posted the reference is to encourage people to support NAC in any way. They are on a shoe string, making their resources stretch and nobody gets paid. They would do a lot more, if there was more support.

I generally carry nothing. I'm rarely in a situation where I will be arrested, or confronted. When I published, I saw it as only a suggestion that might be used, a guideline. The paperwork will vary, of course. We have 50 states and maybe 50 more countries which are unique and a million cops, who have their own takes and moods.

If I'm in an undesignated stretch of beach that oppression is coming to to make it unsafe for nude use, or in a group, I'd certainly want to have some paperwork from authorities and organizational support. This is a pretty good packet.
Jbee

[Greenbare Woods]

I think that each legal problem is unique to an extent. Each lawyer has strengths to address a legal argument. If there was a data base, a list of "nude-orientated" attorneys, there is a danger that the wrong one might be used. There is also, much work to be done to maintain a list on line. The current procedure, is to contact the area rep of NAC and then get the current and best info from them personally. The system is small and can be managed at this time without a directory. Sometimes an attorney isn't necessary, sometimes, the cold hard reality is that there is little to be done. Sometimes a rep from NAC speaking out is enough.
Jbee

If the current NAC recommended procedure is to contact the regional NAC rep, they should recommend carrying his or her phone number.   If we get arrested we won't have days to look it up.  We could do that if we get a "citation," but not if arrested.   The phone number for help should be carried in our cell phone and on paper. 

I would love to see NAC doing some proactive initiatives and helping arrested nudists in areas other than Florida.  Proactive could begin by looking for nudists who have been arrested (or cited) and actively filing whatever court case is appropriate.   Not even suggesting who to call is about as opposite of proactive, or even helpful, as they can get.

I support their parent group, Naturist Association, with my annual dues, but I would like to see more actual support for free range naturism before sending more money.

Bob

[Greenbare Woods]

Lets look further at the NAC's self promotion article: 

1. Out of all the nudists and cases in the whole USA, NAC choose a case where there was an "appropriate" designated pen for naturists, but it wasn't clearly marked.  NAC did not cite any case they helped where there wasn't an already designated pen. 

2. NAC points out that the cited nudist could not afford $4,000 quoted to obtain a lawyer.  That legal fee is a HUGE penalty, likely more than whatever fine would be the punishment if guilty.   

3.  NAC DID NOT represent the cited naturist as his attorney.   They apparently wrote a letter to the Government Official, and perhaps spoke on the phone with him.  When the Government Official dropped it's citation, NAC did not know about it, and didn't tell the naturist not to show up for the cancelled court date.

4.  In general, NAC's self written article demonstrates that has not been much if any help for all the Naturists everywhere else in the USA, and not even much help for the lost naturist who thought he was at the designated pen.  NAC is obviously not proactive, and hardly active at all. 

5.  NAC's apparent focus is set in BOLD type by NAC Board Member Richard Mason, "How you can help establish additional naturist beaches:"  They do not appear to support body freedom as a general human right -- such as is recognized in Spain and some other places.  Their play-pen attitude is reflected in their restrictive "Bill of (limited) Rights." 


I have paid dues to the Naturist Society for decades, but over that time I have seen little active support for the kind of free range Naturism that their founder Lee Baxandall advocated.   Their newsletter asks, "Please support NAC on its mission of naturist activism set forth by Lee Baxandall," but, what I have seen from NAC is quite different.  Advocating limits instead of rights, and with very little activism. 

I wish it were different. 

[jbeegoode]

Quoting Lee: "Nude recreation is the way." They were after free beaches, or call them beachheads. The social changes were to come from these beachheads. It was to be an incremental process.

You get in trouble, who are you going to call? The legal process takes time. There is plenty of that to contact an attorney through the NAC.

You could call the NAC, or email, ask for a good attorney in your area, pay him a retainers free, and have yourself set up to drop your dime in the event. You could keep an attorneys card on hand. NAC isn't a legal firm, its a non-profit.

When I had custody hassles about my son, in teh 1990's I called them. They gave me straight up ind formation. When I called for advice in concern for Redington Pass, they gave me advice, and "keep us posted." They need the grass roots to lead the way. They can only support grassroots. They don't lead the way.

They have local watchers of the legislatures. They help lobby.

They showed up to testify when a Topeka city council was getting proactive about an anti-nudity ordinance. NAC got a call, they showed up, they impressed the council. It stopped.

There is just so much to be done with limited resources and volunteers. We must think local.

There is a new free beach on the west coast of Florida. They participated.

You can prepare, pay, worry about the result, lay awake at night. Take a day off to show up in court, spend thousands and the arresting cop doesn't show up, so it all disappears. That can be the penalty on any arrest. Sometimes, cops cite because they are essentially judge jury and executioner. They know that they are not showing up from the get go. Their law, their punishment.

If you don't give them money, if you don't volunteer as a local rep, if you don't get involved, that is why NAC doesn't grow. Wishing just won't cut it.
Jbee

[jbeegoode]

I know the Arizona rep. It is basically a legislature watch, fundraising, and referral to the regional guys, who are more experienced.

I've thought about inquiring to be a co-rep to help out in Arizona. Perhaps after covid. It needs a ready to go citizen lobbying group. For now, all of the conservative rallying is distracted by trumpism and its issues.

It is difficult to organize without a specific issue, an injustice, something that ticks people off. A free beach is a focus for a movement. The Redington Pass issue is something like that. It takes lots of energy and time. It makes light on the issue of body freedom, perhaps the bi-product is a clothing optional beach.

Where to begin? What is the best charted course? It is a legal issue, shackles around our bodies. All that we want, the goal, is the option of clothing or not, acceptance for something that shouldn't, in any sense of humanity, be any big deal. So what, you saw a body part. So what, it's a nice day. It is only another body, no biggy. A simple innocent matter of fact. This feels good, healthy, wholesome, so just do it.


An Aside:
Yesterday, I got sucked into bing-watching a Netflix show. The lead roll, needed an alibi. He needed to show that he had had stress, a breakdown and been out of it for three days, or so. He disappeared for three days, he already had a case for stress in his life and body.  To prove himself at least temporarily insane, he walked into a store dropping his clothing and stood there nude. He got locked up for his own good. to protect him, in case he might disappear again. They wouldn't let him go, psych evaluation. He got attention for his scam by simple public nudity with serious consequence. Disappearing for a few days, with no memory is one thing, but it seemed plausible that only crazy folk get naked. People were screaming in the store! "Breaking Bad" Is our media perpetuating an outrageous lie, or what?

[nuduke]

I reckon the lawyers have made more money over the years than anything else by embedding the words reasonable, appropriate, best endeavours and such vagaries into legislation and case law then arguing over their meaning in court whilst clocking up astronomical fees.
John

[John P]

Hey, speaking of bing-watching, back at our Xmas-for-two celebration, my wife got me to watch "White Christmas". Yes, we really did!

[Greenbare Woods]

I reckon the lawyers have made more money over the years than anything else by embedding the words reasonable, appropriate, best endeavours and such vagaries into legislation and case law then arguing over their meaning in court whilst clocking up astronomical fees.
John

You know the law well. 

[jbeegoode]

I've collected every state law of every state that we will cross through this summer. I'll be getting them printed out for hiking. Soon, contacting NRA to get the gun laws, to protect me from concealed weapons, etc. laws, too.
Jbee

[Davie]

For those in the UK the British Naturism site at bn.org.uk has legal advice concerning nudity in the four home nations. The membership card has the web address where the College of Policing advice to Officers about nudity is.

Davie