Nudists OK at San Onofre beach, for now
A judge tentatively rules against the state parks department, which had planned to prohibit nudity on the Trail 6 area.
Sunbathers at San Onofre State Beach can still bare it all -- at least for now, under a tentative ruling issued by an Orange County Superior Court judge.
The nudists are suing state parks officials over the pending crackdown on au naturel recreation at the shore just south of the Orange County line. A final ruling is expected within days.
The state Department of Parks and Recreation had announced plans to prohibit nudity on the Trail 6 beach area after Labor Day, complaining of increased lewd conduct there.
In court this morning, Deputy Atty. Gen. Deborah Fletcher, representing state parks, argued that the policy governing nudity in state parks was not a formal regulation, but rather "an enforcement guideline," and therefore could be changed without notice to the public.
Though state law doesn't allow for clothing-optional areas in parks, the policy, written by a former parks director in the 1970s, suggests citations be made only after a member of the public complains and the violators fail to voluntarily cover up.
Naturist R. Allen Baylis filed suit against state parks officials last month, complaining that the nudity ban alters a long-standing policy and requires a public hearing under the state's Administrative Procedure Act.
Judge Sheila Fell tentatively ruled earlier this week that state parks officials must hold a public hearing if their enforcement on nude beach-going changes. She has 90 days to issue a final ruling, but attorneys expect it much sooner.
"Departments can't just come out and jerk the rugs out from people's feet without the public being heard," said Elva Kopacz, the attorney representing Baylis and nudists organizations Naturist Action Committee and Friends of San Onofre Beach.
She raised concerns in court about rangers photographing nude beachgoers from the bluffs above the park, as well as the newly installed signs warning against nudity in the area. Judge Fell said the photographing issue was outside the case's purview but would issue an opinion on the signage quickly.
Parks officials expressed disappointment at Fell's decision.
"We did not agree with the court's tentative ruling," said Ken Kramer, a district superintendent with the state parks department. "We are pleased that the judge is taking a closer look at it. Once the final ruling is issued, we will explore our options at that point."
Kramer wouldn't speculate as to what would happen at the Trail 6 beach come Labor Day.
