Well, on Tuesday, I am finally scheduled to resolve the citations received last August. Another federal shutdown might have worked in my favor, but I'm happy that's not the direction taken.
To bring everyone up to date, I was on an isolated part of the North Texas coast, that happened to front a wildlife preserve (McFaddin). And, I was stuck in the sand. I was under the truck removing sand when the ranger approached. He parked his truck in such a manner that it was impossible for me to grab cover. He was proud of capturing my nude image on his body cam. When I opened the door to retrieve a sarong, he noticed an open container (beer) in the cupholder.
This took place around 5 pm and he kept me company until after 9 pm when I was able to get out of the sand and on my way. He cited me for disorderly conduct (nude in public) and 'remaining in a National Refuge under the influence of alcohol'. Anyway, on Tuesday I get to hear their justification for citing me and defend my actions under the criminal codes cited, in front of a federal magistrate.
Citation #1 - Disturbing the Peace: The law states that one cannot recklessly expose ones anus or genitalia in public areas without regard whether another may be present who may be alarmed or offended. In the 4 hours the LEO and I were on the beach, no other person was present. It was an isolated, hard to reach part of the beach. No one was there to be alarmed or offended.
Citation #2 - Intoxicated: The statute defines intoxication as 'under the influence of alcohol to a degree that may endanger oneself or other persons, or unreasonable annoy persons in the vicinity'. I was not intoxicated to any definable extent as proven by several hours of body cam video.
This doesn't really apply to this topic, except that this is where I originally posted the event. The jurisdiction is Federal Court in Beaumont, Texas. Not what I would call a sympathetic court. I'm not asking for thoughts and prayers, but maybe some encouraging energy. If I lose, I pay a fine and go about my life, or appeal, depending on the details of the ruling. If I win, then it's a boost to our cause. Albeit a small one.
Another case will be heard alongside mine. The other guy is a real naturalist, not a naturist. He was on the beach to track wildlife, camping with his son. He has credentials, but I forget the details. He was showering at his camp at the end of the day, in an open air shower next to his camper. Again, in a remote section of the beach, no public present. How stupid is that?!
In a perfect world, I would think that the magistrate insisted that these two cases be heard together to make a point, to the rangers, that they need to reserve their enforcement duties to actual offenses, not wasting the courts resources on trivial matters that do not breach the peace of the public. But, that is not what i expect.
Oh, my new Avatar was taken the same day as the citations, just an hour or so before the adventure took its turn in a new direction.
Wish me luck!
~Safebare
