Administrative Law

Judge Sides With Nudists in Calif. Swimsuit Case

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Nudists who for three decades have reportedly been frequenting a beach in San Diego County without any significant public objection can continue to let it all hang out a while longer.

An Orange County judge says administrative law is on the nudists’ side, so state parks officials can’t require them to wear swimsuits until the proper legal procedure has been followed, reports the San Diego Union-Tribune.

“Nudism is not technically legal at California’s state beaches. However, since 1978, the department’s policy has been to leave nudists alone unless a complaint from the public is received,” the newspaper writes.

Hence, Superior Court Judge Sheila Fell in a preliminary ruling yesterday said that the state Parks and Recreation Department must “maintain the status quo,” apparently at least until it holds the public hearing that the plaintiff, The Naturist Action Committee, contended is required under the circumstances.

The national nudist rights group also argued that any new swimsuit-required rules must be codified by the state’s Office of Administrative Law.

Officials said they needed to enforce anti-nudity laws to deter lewd conduct by some individuals attracted by the permissive environment. Illegal sexual activity, they contended, had created a hostile and “sexually charged” workplace for their employees.

Those who seek to keep their suits off say it’s not about sex, just a desire to go natural, and say they have always cooperated with efforts to deter sexual activity on and around the beach.

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