*********************************************************** * ACTION ALERT - NATURIST ACTION COMMITTEE * *********************************************************** * Bob Morton, NAC Chairman/Exec Dir: ctnudists@aol.com * * Mark Storey, NAC Board Member: storey@aa.net * * Scootch Pankonin, Gov't Affairs: scootchdc@aol.com * * Dennis Kirkpatrick, Online Rep: nat@tiac.net * *********************************************************** DATE: February 3, 2000 STATE: Utah SUBJECT: HOUSE BILL 60 IS MOVING RAPIDLY. YOUR LETTER TO THE SENATE JUDICIARY COMMITTEE IS NEEDED IMMEDIATELY Dear Utah Naturist, Your prompt action in writing today to the Senate Judiciary Committee of the Utah Legislature could help forestall reenactment of an old phrase deleted last year from the Utah criminal statutes that puts at risk any Naturist who visits public lands or rents indoor facilities. In 1999, the legislature reorganized portions of the criminal code. Under the old statute, the definition of "lewdness" prohibited exposure of "genitals or private parts" in "a public place" or under circumstances which the person should know will likely cause affront or alarm. The new statute enacted in 1999 contains the "affront or alarm" language and other charges, but is silent on "in a public place." Legislative staff says that the deletion of the phrase in 1999 was a drafting error and that one purpose of the current bill, HB 60, is to correct that error. In fact, it would restore that element of the criminal statutes to the exact meaning of the law prior to changes made in 1999. But what the Utah Legislature should not now overlook is that the term "in a public place" is, and always has been, unnecessarily vague. Its meaning is currently a matter of litigation in a Utah court, and although the circumstances of that case don't involve Naturist activities, the application of the "public place" phrase to the defendant in that case might easily be used in the same manner against Naturists who are enjoying a remote or traditional clothing-optional area where mere nudity is otherwise appropriate. Civil rights attorneys in Utah are arguing that individual law enforcement officers see a "public place" wherever they want to see it. That might include a nudist resort, rented facilities, any remote area on public lands, or any other traditional clothing-optional area where Naturists gather. On Thursday, February 3, 2000, the full membership of the Utah House of Representatives is expected to vote favorably on the "technical corrections" to the criminal section of the Utah Code contained in HB 60. A letter from the counsel and registered lobbyist for the Utah Naturists, W. Andrew McCullough, will be circulated on the floor of the Utah House of Representatives during the debate, warning legislators, "We are fearful [HB 60] would allow law enforcement officers opposed to our lifestyle to 'sneak up' or 'stake out' areas that might be used for nude recreation." The House Judiciary Committee gave HB 60 less than one full minute of its time in approving it on January 31 for floor action. The Judiciary Committee of the Senate has committed to the Utah Naturists that the "public place" language in the bill will be given a thorough second look, especially in light of pending litigation that centers on how poorly defined the phrase has proven to be in the earlier statute. The Naturist Action Committee strongly encourages Utah residents to take time NOW to send a fax to each of the six Senators who serve on the Senate Judiciary Committee. Those living outside Utah are NOT being asked to write at this time. The names and addresses of Senators on the committee are given toward the conclusion of this Action Alert. If you are a constituent of any member of the Senate Judiciary Committee, that will be the most important member for you to reach. Be certain to point out in your letter that you are a constituent! If your time is truly limited, focus on contacting Chairman Terry R. Spencer and the Ranking Minority Member, Mike Dmitrich. All Senators may be reached at the same fax number at the State Capitol: (801) 538-1414. It is crucial that you make a separate, personalized fax cover sheet for each Senator to whom you wish to send your letter. The staff will not "copy" a single letter for distribution to all members of a committee. Be polite. Be brief. Include your name and address, because if you fail to identify yourself as a Utah citizen, the legislative staff is likely simply to discard your fax. Here are some key points to consider including in your fax: -- Naturists are dedicated to nude recreation in appropriate places away from public view. Our behavior is not lewd; it does not seek to affront or offend. Current law is sufficient to enforce against exhibitionists or predators who behave in a lewd or offensive manner. -- State law in Utah already prohibits nudity in a place where others are present who may be offended. HB 60 unnecessarily adds the alternative of "or in a public place." The poorly defined term "public place" will allow law enforcement officers opposed to our lifestyle to harass nudists who are otherwise in an appropriate place where clothing-optional recreation is traditional. -- Please amend HB 60 to eliminate the addition of "in a public place" to section 76-9-702 of the Code. NAC asks that you take time to fax your message separately to each of the six members of the committee at (801) 538-1414: ------------- SENATE JUDICIARY COMMITTEE Terry R. Spencer (R-Dist. 22, Davis County) (Chairman) Parley G. Hellewell (R-Dist. 15, Utah County) Lyle W. Hillyard, (R-Dist. 25, Cache, Rich and Summit counties) John L. Valentine, (R-Dist. 14 Utah County) Mike Dmitrich, (D-Dist. 27, Carbon, Emery, Grand, Kane, San Juan and Washington counties) (Ranking Democrat) Pete Suazo, (D-Dist.2, Salt Lake County) ------------ NAC has placed the full text of HB 60 online at: www.owlnet.rice.edu/~morton/Public/Bill_Texts/Utah_HB_60/utah_hb_60.html The Naturist Action Committee (NAC) is the non-profit volunteer arm of The Naturist Society (TNS). NAC exists to advance and protect the rights of Naturists throughout North America. NAC board members are democratically elected from and by the membership of TNS. Since NAC itself has no membership roster on which to assess dues, it relies completely on the generous support of Naturists like you. Please decide to make a difference for the defense of Naturism by sending a donation of any amount to: NAC P.O. Box 132 Oshkosh, WI 54903 If you prefer to use your Visa or MasterCard, you may call (920) 426-5009 during regular business hours. Thank you in advance for your help. Naturally, Mark Storey NAC Board Member