Well, the verdict is in. I was found innocent of the intoxication charge, guilty of the disorderly conduct charge.
The main argument against me was a ruling back in 1998 (David Lacour vs the State of Texas, 09-96-322CR). Had I known that the prosecutor was going to cite this case, my defense would have been different. The magistrate explained that the ruling defined a public place as any place open to the public, regardless of the remoteness or isolation present at the time of the offense. So, it is public irregardless of any public presence.
The ruling cited did go on to state the existence of public complaints that certainly don't apply in my case. The earlier case involved multiple nudity citations at the same time and place, not an individual off by himself. You can Google the case.
The naturalist was set immediately after mine concluded. He accepted the plea deal because the first thing they do is establish penalty ranges for the charges. $5,000 & 6 months confinement. Can you imagine?!! Your body offends me so you get to give up $5k and 6 non-refundable months in lock up.
I was fined $500 plus, plus, plus. The DA wanted a year probation, but the judge declined that penalty. He said that it would be stupid for me to repeat the same offense.
The officer may have perjured himself in testifying that he was offended by my nudity. He said twice, while we were on the beach, that he wasn't offended by the nudity, he was only enforcing the laws. I will see if those statements are reasonably captured on the body cam. If so, I will talk to the attorney about further options.
And the world spins on!
~Safebare