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San Diego law practice

October 22, 2009 -

New ‘Clothing-Optional’ Policy Upheld

The California Supreme Court unanimously declined to review a July appellate court decision that upheld the state’s right to overturn the Cahill memorandum, a 1970s era document that created informal clothing-optional beaches in California.

The case arose from a proposed change in policy at San Onofre State Beach.  While the ruling confirms park authorities’ authority to change policy at other parks, including San Diego’s Black’s Beach at the Torrey Pines State Reserve, there’s been no announcement of any intention to do so.

> Posted by Chuck at 2:37 pm. No Comments


July 21, 2009 -

Clothes Expensive, Nudity Moreso

A California state appellate court has upheld a change in policy by the state Parks and Recreation Department that allows $500 citations for beach nudity, even in areas that have historically, if informally, been designated ‘clothing optional.’

Non-enforcement of a legal ban on public nudity in state parks has been the practice of the department since the Cahill memo in the 1970s.  That policy limited enforcement to cases where a private citizen complained to law enforcement.  Park officials are now free to patrol and cite violations in those beaches where a clothing optional area has not been designated.

The ruling stemmed from a lawsuit brought by the Naturist Action Committee to preserve the status of a portion of the San Onofre State Beach as clothing optional.  Unless overturned by the California Supreme Court the ruling ends clothing optional sunbathing, swimming and surfing at San Onofre.

> Posted by Chuck at 6:05 am. 1 Comment


August 20, 2008 -

Status Quo at San Onofre

An Orange County judge has ordered that the status quo regarding the clothing optional beach at San Onofre be maintained pending further hearings.  That means the nudity remains legal for now.

> Posted by Chuck at 6:32 am. No Comments


June 6, 2008 -

Wardrobe Changes Announced For San Onofre

The acting superintendent for San Onofre State Beach has announced that effective September 1 nudity will no longer be permitted at the park’s Trail 6 Beach.  This is not a change in law, but in local enforcement.  According to the Union-Tribune, the decision to abandon years of tolerance is due to a new interpretation of a civil rights law from 1991.  The nudity reportedly makes some employees unconfortable, and park management is reportedly acting to avoid sexual harassment claims, though the Union-Tribune article seems to refute the legal basis for that rationale. 

> Posted by Chuck at 5:16 am. 1 Comment


June 29, 2007 -

When It Goes Past Nudity

USA Today article on enforcement issues at a Wisconsin beach where nudity is legal, but some guests want to go further. Article includes a brief mention of legal changes in the status of nudity at Bates Beach in Santa Barbara County.

> Posted by Chuck at 6:42 am. No Comments


November 20, 2006 -

Ongoing Research Request

Used to have this request in the now defunct forums, but reviewing the search engine referrals (california surfers wetsuits law nudity to be specific) this morning reminded me it hasn’t been here in too long. As part of an article I’m trying to finish, I’m interested in any first-person (or otherwise verifiable) accounts of law enforcement action taken in California against people changing on the beach, especially in and out of wetsuits.   

> Posted by Chuck at 12:27 pm. No Comments


October 17, 2006 -

Nudity, Arrg Matey

Today’s San Luis Obispo Tribune includes a good article by David Sneed on an ongoing effort by San Luis Obispo county to purchase Pirate’s Cove and 120 coastal acres from private owners to be included in a new county park. The article points out that the purchase would include an area currently used as a clothing-optional beach, and that San Luis Obispo County currently has no law prohibiting a nude beach.

If acquired, the property would likely become a county park, but it’s unclear what would happen to the nude beach if the county took over the property, said Pete Jenny, county parks director.

. . . .
“It’s not like grandma would be walking along the beach with the kids and suddenly there are naked people,” Jenny said. “That’s such a priceless piece of the coast; it’s worth trying to get the property and figure out what to do with the nudity issue later.”

In an online poll running with the article, readers were favoring maintaining the site’s status as a nude beach by a three to one margin.

> Posted by Chuck at 6:10 am. No Comments


Saturday a.m., October 18, 2008: <p>Bodyboarders were doing better than surfers on this Saturday morning on the south side of the Oceanside Pier.</p>

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Interesting Sites

70 Percent Good site focusing on reporting and documenting break conditions for waveriders
Coastal Marine Resource Center Non-profit from the New York-New Jersey Harbor Bight
Free PB Opposition to additional beach regulations at San Diego’s Pacific Beach
Race for the Oceans A forum for swimmers and swimming fans to dive in to ocean conservation.
Surfrider Foundation Activities and campaigns for clean water, beach access, beach preservation and protecting special places.
Wave Ride Net Surfing and surf spots




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