*********************************************************** * ACTION ALERT - NATURIST ACTION COMMITTEE * *********************************************************** * Bob Morton, NAC Chairman/Exec Dir: ctnudists@aol.com * * Dian Hardison, NAC Bd Member: thediehard@mindspring.com * * Scootch Pankonin, Gov't Affairs: scootchdc@aol.com * * Dennis Kirkpatrick, Online Rep: nat@tiac.net * *********************************************************** DATE: January 25, 2000 SUBJECT: APOLLO BEACH, CANAVERAL NATIONAL SEASHORE, FLORIDA NATIONAL PARK SERVICE RELEASES FORMAL PROPOSAL TO ACCOMMODATE NUDE SUNBATHING AT APOLLO BEACH - YOUR LETTER TO CANAVERAL SUPERINTENDENT IS URGENTLY NEEDED (Deadline: February 20, 2000) To All Naturists: NOW is your opportunity to make a difference in managing FOR nude recreation at Apollo Beach! Your letter to the National Park Service can help fine tune a proposal that is presently short of the mark in safeguarding the long history of skinny-dipping and nude sunbathing at Canaveral National Seashore on Florida's central coast. The deadline for leter writing is February 20, 2000. Superintendent Bob Newkirk of Canaveral National Seashore (CANA) released to NAC today a proposed solution to manage the nude recreation that is traditional at Apollo Beach, an area in Volusia County at the northern end of the federal seashore. As pointed out in the recent NAC Advisory on this issue (February 18, 2000), the Naturist Action Committee joins with Central Florida Naturists in assessing the proposal as inadequate. Newkirk's cover memorandum, dated January 19, and the proposed regulatory option (revised draft #17 of the same date) were both released just today and will be distributed to visitors at Apollo Beach this coming weekend. Earlier versions of the proposed regulatory option had been circulated to organizations and individuals in Volusia County who have been actively engaged over the years, pro or con, in a continuing debate over nude recreation at the federal seashore. Newkirk's cover memorandum mentions several alternative management approaches offered to NPS in his earlier discussions with Naturists and other community leaders. The full text of the cover letter and the proposal is available online at . NPS RATIONALE BEHIND THE PROPOSAL These documents discuss the need for a management solution, summarizing an alleged problem at Apollo Beach by stating: "Visitor conflicts due to friction between clothed and nude bathers currently exists and is increasing in the Volusia County section of the Seashore." The superintendent has told Central Florida Naturists and NAC that his goal is to accommodate Naturist visitors without allowing the popularity of nude recreation to overrun the beach, consuming what little parking is available and other dominating other facilities. He and his ranger staff are particularly concerned about subsequent enforcement of any arrangement to accommodate traditional nude recreation. While the superintendent acknowledges that Naturists are typically responsible about staying within an agreed upon clothing-optional area, there are inevitably a few who will not obey the rules. Newkirk has told CFN and NAC he feels very strongly that the regulatory solution must provide an effective law enforcement mechanism for federal park rangers, not a solution that relies in some fashion upon outside state or local law enforcement agencies. Although the draft regulatory proposal fails to address the question of informational signage, the superintendent has acknowledged its importance as a successful management tool. At Gunnison Beach, Lighthouse Beach and other clothing-optional areas managed by the National Park Service, signs advise visitors unfamiliar with the area: "Beyond this sign you may encounter nude sunbathers." Typically, the other side of an informational sign advises Naturists that they are leaving the clothing-optional area. THE NPS PROPOSAL NPS is proposing that all of the Volusia County portion of Canaveral National Seashore be closed to public nudity except a roughly rectangular area that is detailed in the proposal. Refer to the document at The so-called "closure" (a ban on nudity in all but the clothing-optional area) would allow federal seashore rangers to rely upon an existing federal regulation for enforcement purposes. Rangers would enforce the ban on nudity in areas of the seashore where clothing is required under the authority of 36 Code of Federal Regulations (CFR) Section 1.5 for violating a closure. Nudity is defined in the proposal as "...a person's intentional failure to cover with a fully opaque covering that person's own genitals, public areas, rectal area..." The Superintendent's description of nudity prohibits exposure of the female breast, even though local law does not. SUGGESTED ALTERNATIVES FROM THE PUBLIC Superintendent Newkirk's cover memo mentions some of the suggestions for modification of the proposal that have resulted from earlier discussions. The text of those suggestions is included on the web site . NPS is seeking comment on those ideas as well. NATURIST ALTERNATIVES Leaders of Central Florida Naturists have already provided Superintendent Newkirk with a detailed critique of his previously circulated "16th Revision." That version is substantively identical to the newer version released today, with new information incorporated into the cover memorandum. One issue is of absolute standout significance as a failure in the adequacy of the superintendent's proposal. Completely omitted from the plan is the alternative of officially "designating" an area of Apollo Beach as clothing-optional. If NPS refuses to take steps to formally designate the area, other issues become more significant. Those are discussed below. You need to understand them, and then you need to address those important points in your letter to the National Park Service. Most important to understand is that the management at Canaveral National Seashore truly does have the option to formally "designate" a clothing-optional area at Apollo Beach. However, the Superintendent's plan stops short of that and proposes, instead, merely to "accommodate" nude recreation. Beginning in 1991, National Park Service policy (Special Directive 91-3) acknowledged that no federal law prohibits nudity on federal lands, but SD 91-3 also prohibited superintendents from formally designating a clothing-optional beach. That policy expired under a sunset order on December 31, 1999, leaving park superintendents, including Canaveral Superintendent Newkirk, free to consider "designation" among their several management options. In the memorandum and draft proposal released today, there is no recognition whatsoever of "designation." Superintendent Newkirk has clearly ignored that option, an option recommended time and again by NAC, CFN and other Naturist and nudist organizations. A formal designation has preeminence over other, unfriendly state or county law and, therefore, clearly establishes clothing-optional "turf" for Naturist use and enjoyment. Such recognition and protection is NOT afforded by the current proposal. It's fair to say that Naturists are being asked to give up their right to be nude in other appropriate places, but in return are being given little substantive assurance of continued nude use in traditional and historic areas. Regardless of the final plan, successful management of the clothing-optional area will require informational signage. Such signage is a familiar tool to all park managers. Advisory signs are already used by the National Park Service to avoid user conflicts at Gunnison Beach on at Sandy Hook in New Jersey, at Lighthouse Beach at Fire Island National Seashore in New York, and at the Saline Valley Warm Springs in Death Valley National Park in California. Law and regulatory enforcement is a legitimate concern of the Park Service, but the banning of mere nudity is an extreme reaction. Several options are available to NPS, some of which rely upon federal authority and some of which are based upon state or local laws. With the sunset of SD 91-3, decisions made now regarding Apollo Beach will set an important precedent. To assist NAC in advancing and protecting the rights of Naturists, NAC has retained a Washington, DC-based law firm to examine law enforcement alternatives for Apollo Beach and elsewhere in the national park system. The firm selected by NAC has considerable experience in dealing with the Park Service. WRITE YOUR LETTER TO THE NPS TODAY - THE DEADLINE FOR RECEIVING COMMENTS IS FEBRUARY 20, 2000 Discuss your views on the following important points: * "Doing nothing" is not an alternative. The situation at Canaveral National Seashore has been explosive and out of control for nearly a decade. It's time to take steps toward resolving the confrontation. * Formal "designation" of a clothing-optional area at Apollo Beach is the best solution. * Informational signage is essential to the successful management of a clothing-optional area. * The proposed "closure" that bans nudity in all areas except that area set aside to accommodate nude recreation is an extreme step. A far better approach is to work with Naturists to determine other effective means of educating and redirecting those who might otherwise elect to be nude outside the clothing-optional area. * Exposure of the female breast is not illegal under Florida State Law. Courts across the country have held that statutes may not target females only - a decision with parallel application under the 14th Amendment to the U.S. Constitution. NAC is reaching out to Naturists throughout the United States because each of you is a "co-owner" of the nation's national parks. Many Naturists outside Florida (and outside the United States!) are also occasional visitors to the Canaveral National Seashore. Write your letter today (please, no e-mail or faxes this time). The address is: Robert F. Newkirk, Superintendent Canaveral National Seashore 308 Julia Street Titusville, FL 32796 Do your part today to protect the Naturist tradition at Canaveral. The deadline for leter writing is February 20, 2000. The Naturist Action Committee is the political action arm of The Naturist Society. Its volunteer members work to advance and protect the rights of Naturists throughout North America. NAC has no membership roster on which to assess dues. NAC relies on the generous financial contributions of involved Naturists like you. After you write your letter to Superintendent Newkirk, won't you please take a moment to send a donation to NAC? NAC P.O. Box 132 Oshkosh, WI 54903 If you prefer to use your MasterCard or Visa, call (920) 426-5009. Thank you for choosing to make a difference. Naturally, Bob Morton Chairman & Executive Director Naturist Action Committee View the proposal at