Vol. MMVIEditor: Lloyd Johnson Issue: April

Beach Clothed for a Day!

A new sign was posted up north, near the steel buoy stating "NUDITY IN THE STATE PARK SYSTEM IS PROHIBITTED." Black's Beach Bares met with Jody Kummer, the supervising ranger at Torrey Pines State Park on February 7 to discuss this new development.

She stated that the sign is meant to mark a new boundary for the clothing optional area. While she said this, she refused to acknowledge that nudity is legal on the state beach. The reason for taking this action is that they have received numerous complaints about nudity, and has even had the grounds to clothe the beach under the Cahill Policy. At that meeting she suggested that a discussion of state parks was taking place and that we may gain a sign advising that people may encounter nude sunbathers. The likely location of that sign would be around Mussel Rocks. We waited and the decision came down that there would be no sign.

Rangers ordered people to dress March 12th, via loudspeaker and under threat of citation. I contacted Jody Kummer and she informed me that a man walked nude, north of Flat Rock picking up trash.

She received more than one complaint. The violation occurred on a portion of the beach that was not the traditional nude beach, yet she applied the Cahill Policy. The man was found and cited.

The impact on us was small this time, only because there were very few people on the beach. Black's Beach Bares questions their authority to change traditional boundaries and to apply the Cahill Policy so broadly.

Legal Status:

State Park Regulation 4322 prohibits nudity and exposure of the female breast in the State Parks, classifying it as a misdemeanor, but allows the Parks Department to designate areas for nude use. There are no such areas officially designated for nude use, but there are many de facto designations, including Black's Beach.

The Cahill Policy prevents any official from making an arrest or issuing a citation within the de facto boundaries simply because they are personally offended. Officials can demand you dress, only if there has been a complaint filed. If you refuse to dress, or if you are found nude later that same day, you can be cited or arrested. You can return the next day and be nude. The rationale is that the offender and the offended are not likely to meet the next day.

What to do?

If an official orders you to get dressed, do the following, in order.

1)Get dressed.

2)Question the official. Was there a complaint? Who filed the complaint?

3)Report the incident to Black’s Beach Bares by mail or email.

We all recognize that there are boundaries, otherwise we'd be walking nude everywhere. What we need are markers. Black's Beach Bares will continue negotiating for official markers. But until that is achieved we should erect our own markers and spread the word. Informing this man would have saved him the citation, and spared innocent people the loss of their freedom for the day. It is everyone's business when we all suffer because one man ignored etiquette.

Boundaries:

The northern boundary is under dispute. Until recently it was Mussel Rocks. Rangers now claim it's at the new sign, posted in front of the buoy, recently painted bright orange.

The southern boundary is even with Salk Institute Road, and is sometimes marked with orange traffic cones. In case it's not marked, be alert regarding the main trail. It's about a hundred yards south of that.

There is a large rock twenty or thirty yards north of the boundary. It's almost cubic in shape, measuring about five feet on each side. I've heard talk of painting it white, as a marker.

Also look for white signs with black lettering posted against the cliff stating NUDITY PROHIBITED. South of that first sign is the city beach. Nudity is clearly illegal and easily prosecuted on City property.

The cliffs above Black’s Beach are City property. Wear clothes on all trails and outside these boundaries.

Nude Beach Etiquette:

Nude beach etiquette is a set of standards, too often left unspoken. Etiquette informs newcomers what to expect and that they are not alone. Nobody should feel that they are facing rude people alone. If you want to think of it in terms of rules, there are only three.

1) Respect the boundaries.

Don’t go out of established nude areas. To wander nude into clothing-compulsive territory may offend many, and puts the whole beach at risk.

No overt sexual activity. Nude is not lewd, but combined with sex, it undermines our image and could cost us our freedom and enjoyment of the beach.

2) Respect the people.

Do not photograph people without their permission. It is common courtesy to ask first. Not everyone wants to end up in a stranger's photo album. Never photograph any children but your own.

Respect the privacy of others. If there is a lot of room, then give people a respectable distance. Recognize when you are unwelcome.

3) Respect the beach.

Pack it in, pack it out. There is no trash collection at Black’s Beach. If you carried it down, you must carry it back up.

Speak up for our standards. If a person seems unaware of beach etiquette, explain it kindly and plainly. Give them a copy of "Nude Beach Etiquette". The beach you save could be your own.