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Posted - 07/02/2008 : 10:01:14 PM
From KVUE.com news - July 2, 2008
County commissioners meet with attorneys to discuss possible criminal behavior at ROT Rally
By SHELTON GREEN, KVUE News
08:22 AM CDT on Wednesday, July 2, 2008
[See the video]
Travis County Commissioners met with attorneys Tuesday to discuss possible criminal behavior at the Republic of Texas Rally. County commissioners are waiting to see if the sheriff will file any criminal charges.
A question about the legality of nudity in public places first came up when pictures were delivered to county commissioners and to KVUE. Men and women took it all off in some of the pictures, some in sexually suggestive poses. But it's shots of children at the rally that has some concerned.
The question is, did the people in the pictures know that children were there?
“You may be trying to gratify the sexual desire of your spouse, but if there's another person nearby who might be offended, that in and of itself is a crime,” said Richard Segura, Jr., an adjunct law professor at the University of Texas.
The case is drawing some comparison to Hippie Hollow on Lake Travis, the only public nude beach in Texas, and the nudity is allowed by law.
“Mere nudity in and of itself is not enough, it's got to be coupled with a mental state of intending to gratify someone's sexual desire and whether or not an adult is present or a child is present,” said Segura. “I don't think there's any problem with a nudist community out there, just as long as nobody is doing anything that could be looked as indicative of an intent to gratify sexual desire.”
Children are not allowed at Hippie Hollow.
“The parents do have a right to make a decision in regards to their own nudity and the nudity of others in the context of a nudist group or nudist camp,” said Jack Sampson, a U.T. professor who has specialized in family law for 38-years. “When you're talking about the family code and the family, and the parents responsibility, as far as shielding their children from exposure to the nudity, that doesn't sound like something the courts would get involved in on the civil side of the docket.”
The Travis County Sheriff is investigating the matter and looking into what role his deputies played at the ROT Rally.
[See the video]
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Posted - 07/02/2008 : 10:13:49 PM
From Austin News KXAN.com - July 1, 2008
Officials review racy pictures taken at ROT Rally
Posted: July 1, 2008 06:42 PM
Updated: July 2, 2008 01:51 AM
Video: Racy ROT rally pictures
AUSTIN, Texas (KXAN) -- Travis County commissioners reviewed more than 100 racy pictures Tuesday morning after photos taken at this year's Republic of Texas Biker Rally were sent to the court for action.
Those pictures have sparked an investigation by the Travis County sheriff's department. On Tuesday morning, elected officials admitted the photos are questionable, but the commissioners are not taking a stance or immediate action.
More than 40,000 bikers were expected in town for the annual rally last month, which were held on the grounds of the Travis County Expo Center. Commissioners received the complaint and pictures from an anonymous source. The pictures showed public nudity and perhaps sexual activities taking place at the rally.
Nudity at the ROT Rally is nothing new and not necessarily illegal.
"Being topless is not a violation of law," said County Judge Samuel Biscoe. "Nudity with certain sexual behavior may well be."
Someone dropped off the photos to the County Commissioner's Office and asked the court to do something about this aspect of the rally.
The rally has been held every summer in Austin for the past 14 years. This year it was at the Travis County Exposition Center.
"It's not as simple as most people think. In fact, it's fairly complicated," Biscoe said. "In this case, part of the complaint was that there were minors there. You couldn't look at the pictures and tell where the teens were in relation to where the toplessness, dancing, etc. occurred."
Commissioners are waiting until after the sheriff's investigation to decide if more action is necessary.
"If there are improprieties that surface in connection with our event, we will cooperate with the authorities to find the appropriate remedy," said Jerry Bragg, rally organizer.
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