In Support of Naturism
135. A large portion of state and local government anti-nudity regulations have been legislated by individual high officials or small groups, without public review. This is undemocratic and contrary to the principle of due process.
Florida, for example, closed most of its nude beaches in 1983 without public review.
136. By extensive legal precedent, it is unquestionably legal to be nude in private, on private property.
William Penn Mott, a former Director of the National Park Service, wrote:
"NPS must consciously seek to respect and accommodate wide ranging differences
among visitors and professional colleagues in lifestyles and values with
sympathy, dignity, and tolerance. I believe that parks are a place where
the human spirit is more free, more capable of permitting people to be
themselves, closer to a oneness with universal truths about humankind and
about our relationship to nature and the sacred truths by which we live.
. . . I believe it is too easy for government employees--all of
us--to think there is only one way to enjoy and use the parks and that when
the visitor enters 'our parks' they must 'do it our way.'"
139. The nude use of most federal lands is, in fact, constitutional because there is no universal federal law prohibiting it. The Ninth Amendment specifically says that no freedoms shall be denied which are not specifically prohibited.
140. The mandate of public land agencies such as the U.S. Forest Service provide for diversity of recreation. Historically, provisions have been made even for extreme minority forms of recreation. Recreational diversity ought to also include provisions for nude recreation.
A 1983 Gallup poll found that 14% of Americans occasionally enjoyed nude recreation. How many activities does 14% of the American public participate in, of any kind? Surely not hunting, snowmobiling, mountain biking, or the use of off-road vehicles, all of which have designated areas set aside for their use!
141. Clothing-optional recreation is less offensive to most people than many other forms of recreation which are openly tolerated and even promoted on public land.
A study by Dr. Steven D. Moore of the University of Arizona demonstrated that encountering nude bathers on public land is five times more acceptable to the public than encountering hunters.
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135. A large portion of state and local government anti-nudity regulations have been legislated by individual high officials or small groups, without public review. This is undemocratic and contrary to the principle of due process.
Florida, for example, closed most of its nude beaches in 1983 without public review.
136. By extensive legal precedent, it is unquestionably legal to be nude in private, on private property.
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137. Many state or local governments have also explicitly legislated the
right to be nude in designated public areas, such as legally-sanctioned nude
beaches. Legal nude beaches are rare but not non-existent in North America. British Columbia, for example, currently has one legally sanctioned nude beach, and Oregon has two. 138. There is no universal federal prohibition against nudity on public land. In general, public land agencies view nude recreation--conducted with discretion and sensitivity to the varying values of others--as "legitimate activity." Many state and local governments (notably Oregon, Vermont, and the California Department of Recreation and Parks) have followed the federal policy as well, without conflict. |
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139. The nude use of most federal lands is, in fact, constitutional because there is no universal federal law prohibiting it. The Ninth Amendment specifically says that no freedoms shall be denied which are not specifically prohibited.
140. The mandate of public land agencies such as the U.S. Forest Service provide for diversity of recreation. Historically, provisions have been made even for extreme minority forms of recreation. Recreational diversity ought to also include provisions for nude recreation.
A 1983 Gallup poll found that 14% of Americans occasionally enjoyed nude recreation. How many activities does 14% of the American public participate in, of any kind? Surely not hunting, snowmobiling, mountain biking, or the use of off-road vehicles, all of which have designated areas set aside for their use!
141. Clothing-optional recreation is less offensive to most people than many other forms of recreation which are openly tolerated and even promoted on public land.
A study by Dr. Steven D. Moore of the University of Arizona demonstrated that encountering nude bathers on public land is five times more acceptable to the public than encountering hunters.
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