San Onofre nude beach under attack.

SAN ONOFRE UNDER ATTACK

Update 10-4-08

NAC AND FOSOB GO TO COURT TO ENFORCE COURT’S ORDER,
SEEK REMOVAL OF “NUDITY PROHIBITED” SIGNS

NAC has issued an update regarding the Petition for a Writ of Prohibition:

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   NATURIST ACTION COMMITTEE
        UPDATE
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   http://www.naturistaction.org
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Copyright 2008 by the Naturist Action Committee, which is responsible for its content. Permission is granted for the posting, forwarding or redistribution of this message, provided that it is reproduced in its entirety and without alteration.

DATE: October 3, 2008
SUBJECT: San Onofre Update
TO: All naturists and other concerned citizens

Dear Naturist,

The beach at Trail 6 of San Onofre State Beach remains clothing-optional, thanks to quick and successful action by the Naturist Action Committee (NAC) and tremendous support from individual naturists and organizations. However, the battle for San Onofre is far from being over. This NAC Update is intended to provide you with current information on this important situation.

A BRIEF RECAP OF RECENT EVENTS

A California Superior Court ruled in August in favor of NAC in its lawsuit against the California Department of Parks and Recreation (DPR). DPR had attempted earlier this year to bypass state law regarding changes to public regulations, moving suddenly after more than 30 years to end the traditional clothing-optional use of a small portion of San Onofre State Beach in San Diego County.

In its order, the Court declared, "Dept of Parks must comply with the provisions of the California Administrative Procedures Act before it makes any changes in its enforcement." Further, the Court said, "until the administrative process is completed, Parks shall maintain the status quo, and enforce the Cahill Policy as it has done since its issuance and subsequent interpretation by the Harrison letter, at Trail 6 in San Onofre State Beach."

WHAT'S NEW?

As NAC had anticipated, the California Department of Parks and Recreation has appealed the order. Meanwhile, DPR has refused to remove the "Nudity Prohibited" signs that it had installed at San Onofre as part of its plan to ban naturist use of the beach.

Additionally, DPR personnel are misinforming the visiting public by telling them that there are no clothing optional areas at San Onofre and by saying that nudity is illegal south of Trail 6.

The signs and intentional misinformation are chilling, and they violate the Court's order to return to the status quo and the traditional enforcement of the Cahill/Harrison regulation. Earlier this week, NAC petitioned the Court of Appeals for a writ that would require removal of the signs and put a halt to DPR's campaign of misinformation at San Onofre State Beach. DPR has until October 13 to respond.

NAC THANKS YOU!

When the Naturist Action Committee asked for your grass roots participation in contacting the Director of DPR, you responded magnificently. Many of you are demonstrating through your generous contributions to NAC that you understand the significant expense associated with the Naturist Action Committee's important defense of naturism on public lands. NAC continues to rely on your support.

Friends of San Onofre Beach, NAC's co-plaintiff in the lawsuit, has done meaningful local fund raising. Also worthy of special mention is the gracious contribution made to NAC by the members of AANR-West.

NAC thanks all those who are choosing to make a difference!

MORE INFORMATION

Details of this situation and specifics of the Cahill/Harrison Regulation and associated documents may be found on the NAC Web page: www.naturistaction.org/sanonofre

There, you will find background documents and important files related to NAC's lawsuit, including NAC's recent petition for a writ to force removal of the "Nudity Prohibited" signs.

WHAT HAPPENS NEXT?

The Naturist Action Committee is in this for the long haul. Our successes have been significant, but no one should imagine that California's Department of Park and Recreation will simply give up its attempt to ban nudity at San Onofre.

NAC will continue to issue Action Alerts, Advisories and Updates on this issue as circumstances require. Look for them.

PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

NAC is committed to the defense of clothing-optional use of public land. NAC does not hesitate to hire lawyers and lobbyists when it becomes necessary, but that can be very expensive. NAC does not have a membership roster on which it can simply assess dues. NAC relies entirely on the voluntary support of people like YOU.

Won't you please send a generous donation to:

   NAC
   PO Box 132
   Oshkosh, WI 54903

Or call toll free (800) 886-7230 (8AM-4PM, Central Time, weekdays) to donate by phone using your MasterCard, Visa or Discover Card. Or use your credit card to make a convenient online donation: www.naturistaction.org/donate

Thank you for choosing to make a difference.

Naturally,

Bob Morton
Executive Director
Naturist Action Committee

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Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton    - execdir@naturistaction.org
Board Member Allen Baylis   - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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DEPARTMENT OF PARKS AND RECREATION FILES APPEAL OF SUPERIOR COURT RULING

On September 2, the DPR filed a Notice of Appeal indicating their intent to seek appellate review of Judge Shelia Fell’s ruling in favor of NAC and FOSOB. Needless to say, this will add to the legal fees already incurred. Please continue to send donations to Friends of San Onofre Beach or the Naturist Action Committee.

Donations can be sent to:

Friends of San Onofre Beach

P.O. Box 6283

Huntington Beach, CA 92615-6283

Donations can also be made to the Naturist Action Committee: www.naturistaction.org/donate

Today, the Naturist Action Committee issued the following Update:

As NAC has anticipated, the California Department of Parks and Recreation (DPR) has filed its intent to appeal the recent Superior Court ruling. NAC has already prepared for the state's appeal and will meet that challenge in the Appellate Court. The California Attorney General's office is representing the DPR. To succeed, the AG will have to convince the Appellate Court that Superior Court Judge Sheila Fell "abused her discretion." That's a very difficult case to make.

In her ruling just a week ago, Judge Fell said, "until the administrative process is completed, Parks shall maintain the status quo, and enforce the Cahill Policy as it has done since its issuance and subsequent interpretation by the Harrison letter, at Trail 6 in San Onofre State Beach." However, the DPR has very pointedly refused to remove the "no nudity" signs that were installed when the Department attempted to rescind the Cahill/Harrison Regulation for San Onofre State Beach. NAC will be in court this week to ask the judge to insist that the signs be removed as a part of the return to the "status quo" that has been ordered.

MORE INFORMATION

Details of this situation and specifics of the Cahill Policy and associated documents may be found on the Web page: www.naturistaction.org/sanonofre

WHAT IS NAC ASKING YOU TO DO?

This is a NAC Update. NAC is not asking for your specific action at this time. Please watch for NAC Action Alerts, Advisories and Updates on this important topic.

PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!

NAC is committed to the defense of traditional clothing-optional use of public land. We are an organization of grass roots activists, but we do not hesitate to hire lawyers and lobbyists when it becomes necessary, as in the case of San Onofre. The defense of naturism can be very expensive, and NAC relies entirely on the voluntary financial support of people like YOU.

Please consider a generous donation to NAC.

   NAC
   PO Box 132
   Oshkosh, WI 54903

If you wish, you may call toll free (800) 886-7230 (8AM-4PM, Central Time, weekdays) to donate by phone using your MasterCard, Visa or Discover Card. Or you may use your credit card to make a convenient online donation: www.naturistaction.org/donate

Thank you for choosing to make a difference.

Naturally,

Bob Morton

Executive Director
Naturist Action Committee

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Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton - execdir@naturistaction.org
Board Member Allen Baylis - rab@baylislaw.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
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