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 Naked yoga OK in San Francisco
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Admin
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Posted - 10/13/2004 :  01:15:32 AM  Show Profile  Visit Admin's Homepage  Reply with Quote
From CNN.com - Wednesday, September 22, 2004

Naked yoga OK in San Francisco

SAN FRANCISCO, California (Reuters) -- Nudists, grab your yoga mats and head for San Francisco.

City prosecutors Wednesday said it was not illegal to perform naked yoga in the city—even at the crowded tourist destination of Fisherman's Wharf.

Prosecutors dropped charges against a limber nudist, known locally as the "Naked Yoga Guy," who made a habit of striking yoga poses in the buff in order to promote a book and his lifestyle.

The Naked Yoga Guy, whose name is George Monty Davis, had stripped to stretch nearby Fisherman's Wharf, prompting a public complaint. But prosecutors decided they had a weak public nuisance case against him because local laws do not bar public nudity.

"Simply being naked on the street is not a crime in San Francisco," said Debbie Mesloh, a spokeswoman for the district attorney's office.

"To bring a case, a person would have to exhibit lewd behavior, block traffic or impede pedestrians on a sidewalk, something along those lines."

In another case involving a Los Angeles teenager who dropped his pants to expose his bottom, or "moon," passing motorists from a nearby sidewalk, a California appellate court ruled nudity itself is not a crime, Mesloh said.

Davis could not immediately be reached for comment.

Country: USA | Posts: 1888

sailordave
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Posted - 10/13/2004 :  3:07:58 PM  Show Profile  Reply with Quote
Well, that's a step in the right direction. Would love to see it become legal to suntan within my own yard or in a public park/beach in the nude without having to worry about someone calling the cops and being arrested. Not like I'd try to cut my grass, bar-b-que, or go grocery shopping nude. Watch for free to the public classes on yoga and tai chi being offered in city parks there in the nude. That would be something to see. Who knows, it might become so common place that the gawkers would get bored and join in. That's how I got started. Stood there gawking at a nude beach in Greece for a few minutes before getting bored and just joined in.

We the willing who are led by the unknown must do the impossible for the ungrateful.



Country: USA | Posts: 388 Go to Top of Page

Datona
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Posted - 10/19/2004 :  12:59:09 AM  Show Profile  Reply with Quote
I think it would be a serious mistake to take this article to mean it would be fine to get naked in a public park in Sanfrancisco.


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FireProf
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Posted - 10/19/2004 :  01:09:08 AM  Show Profile  Reply with Quote
True, but you could get naked, do some stretching and say your are doing yoga! If it's yoga...it's okay if you're naked!


Country: USA | Posts: 3175 Go to Top of Page

StuFox
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Posted - 10/19/2004 :  2:28:19 PM  Show Profile  Reply with Quote
"True, but you could get naked, do some stretching and say your are doing yoga! If it's yoga...it's okay if you're naked!"

I emailed the San Francisco Police Department about this and was told that, in spite of what the lawyer said in the District Attorney's office, they would deal with any inappropriate nudity.

Nudity has a place - and that place isn't in the street.

Stu



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sailordave
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Posted - 10/20/2004 :  10:20:22 AM  Show Profile  Reply with Quote
Stu, they are very selective about whom they go after for public nudity in the street. They don't seem to bother the people nude in parades in the street or nude protestors in San Fran.

We the willing who are led by the unknown must do the impossible for the ungrateful.



Country: USA | Posts: 388 Go to Top of Page

nudeisntlewd
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Posted - 10/20/2004 :  5:34:25 PM  Show Profile  Send nudeisntlewd a Yahoo! Message  Reply with Quote
Originally posted by StuFox

"True, but you could get naked, do some stretching and say your are doing yoga! If it's yoga...it's okay if you're naked!"

I emailed the San Francisco Police Department about this and was told that, in spite of what the lawyer said in the District Attorney's office, they would deal with any inappropriate nudity.

And according to the LAW, not your opinion, "Simply being naked on the street is not a crime in San Francisco," said Debbie Mesloh, a spokeswoman for the district attorney's office. So clearly, simple nudity would NOT be "dealt with" unless the person is exhibiting lewd behavior, blocking traffic or being some kind of impedance or physical nuisaince. So, unless a person is causing those problems, it is not illegal there, and if arrested for simple nudity, the person can expect to have the charge dropped.

Nudity has a place - and that place isn't in the street.

In your opinion, and you may be right. But according to the law, that is not necessarily the case. "In another case involving a Los Angeles teenager who dropped his pants to expose his bottom, or "moon," passing motorists from a nearby sidewalk, a California appellate court ruled nudity itself is not a crime, Mesloh said."

Randy







Edited by - nudeisntlewd on 10/20/2004 5:37:53 PM

Country: USA | Posts: 1191 Go to Top of Page

StuFox
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Posted - 10/21/2004 :  2:30:59 PM  Show Profile  Reply with Quote
Randy

And according to the LAW, not your opinion, "Simply being naked on the street is not a crime in San Francisco,"

Er...this has nothing to do with my 'opinoin'. I told you that I emailed the San Francisco Police Department. A 'spokeswoman' could be anybody who works there that the journalist happened to speak to (I know - I have fallen into the same trap myself!!). Why don't YOU email the SFPD and ask them yourself?

Of course you will choose to believe this newspaper reporter rather than a law enforcement officer - so why not try it for yourself. Go to San Fran's busiest street and do your shopping naked - see what happens. I bet you get arrested! There may not be a specific criminal offence of public nudity - there isn't one here in the UK - but the police will usually find some suitable charge (as they did with the famous Naked Rambler' here in the UK). You may be convicted or acquitted in the end, but either way you will have been arrested, inconvenienced, humiliated and your activities will have been curtailed. If it becomes a continuing problem and the courts are ill equipped to deal because the law isn't sufficient or clear, then'll usually create a byelaw (city ordnance) to rectify this.

Stu



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nudeisntlewd
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Posted - 10/21/2004 :  3:57:49 PM  Show Profile  Send nudeisntlewd a Yahoo! Message  Reply with Quote
The quotes from the newspaper were quotes from "Debbie Mesloh, a spokeswoman for the district attorney's office." They were not the artistic license of the article writer.

The police are just the first step in the executive branch of the law. People are often ticketed and arrested and those charges are later dropped by attorneys if determined to not be in violation of the law.

The police, if in fact you contacted them, did not, according to you, say that they would arrest naked people. What you were told was, and I quote you: "they would deal with any inappropriate nudity." INAPPROPRIATE NUDITY, not nudity.

Randy



Edited by - nudeisntlewd on 10/21/2004 3:58:45 PM

Country: USA | Posts: 1191 Go to Top of Page

StuFox
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Posted - 10/21/2004 :  5:56:06 PM  Show Profile  Reply with Quote
If nudity in the street is not 'inappropriate' then I don't know what is. This is a direct quotation from the San Francisco Police Department’s rather curt response to my email to them asking for clarification when I referred them to what the DA’s office spokeswoman had said:

“there are times in SF when there are special events that allow for certain public exposure. but those events are few and can be avoided. majority of the time, all public decency laws are the same as any place in Britain or the rest of the U.S.”

So the police, who are aware of this press report, appear to be dismissing it. Check it out with them yourself if you like. The email address of the Information Department is: sfpdpbaf@pacbell.net

Time will tell how the police will react to further exhibitionist behaviour of this kind and how the courts will support them. No doubt if this becomes a regular problem and the police don’t have the legal powers they need, that will be addressed by the appropriate legislature in due course – as it has been elsewhere.

Here in the UK the police have the power to arrest people and lock them in the cells for a while to 'cool off' and no charges need be brought, or charge them with a public order offence if they feel that the nudity was "likely to cause harassment, alarm or distress" to other people. Most countries don't have specific laws against nudity so the police would apply public order laws similar to this. Laws like these were used against the Naked Rambler - he was convicted and did not succeed in his appeals.

The fact that there isn't a specific law against a type of behaviour does not mean one can engage in it with impunity. Ask any lawyer or cop.

Stu



Edited by - StuFox on 10/21/2004 5:58:14 PM

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FireProf
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Posted - 10/21/2004 :  7:56:34 PM  Show Profile  Reply with Quote
Members,

You are trying to push water upstream here. It's an impossible feat. You can call it debate, discussion, whatever...but you'll only get frustrated.

Don't take the bait.



Country: USA | Posts: 3175 Go to Top of Page

nudeisntlewd
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Posted - 10/21/2004 :  9:15:21 PM  Show Profile  Send nudeisntlewd a Yahoo! Message  Reply with Quote
quote:
Originally posted by FireProf

Members,

You are trying to push water upstream here. It's an impossible feat. You can call it debate, discussion, whatever...but you'll only get frustrated.

Don't take the bait.

Agreed. This whole line of rhetoric is beginning to inspire .



Country: USA | Posts: 1191 Go to Top of Page

Jochanaan
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Posted - 10/22/2004 :  5:00:41 PM  Show Profile  Reply with Quote
Reminds me of what New York City mayor Michael Bloomberg said about nude protests during the Republican convention: "People were naked on Sixth Avenue. So what's the problem?"

(That may not be a verbatim quote. My memory's pretty good, but it was a few months ago.)



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DougK
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Posted - 10/23/2004 :  01:44:32 AM  Show Profile  Reply with Quote
Stu,

I have been to SanFrancisco several times-never seen any nudity. It would be a serious mistake to assume nudity is legal in Frisco.

If there is any doubt-get naked on a textile beach there-and then-when the police come-see what happens.



Country: | Posts: 24 Go to Top of Page

DougK
Forum Member

Posted - 10/23/2004 :  02:09:19 AM  Show Profile  Reply with Quote
I found these laws on the web in the SanFrancisco area:

San Jose Municipal Code 10.12.030:
A. No person over the age of ten years shall be nude and exposed to public view in or upon any public right-of-way, public park, public lands, or in or upon any private property open to public view from any such park, right-of-way or public property....

B. As used in this section, "nude" means devoid of any opaque covering of the genitals, pubic hair, buttocks, perineum, anus or anal region of any person; or any portion of the breast, at or below the areola thereof, of any female person.

Mountain View Ord. No. 22.73, 7/30/1973
SEC. 21.42. Prohibition against the display of female breasts.

Every female is guilty of a misdemeanor who, while participating in any live act, demonstration, or exhibition in any public place, place open to the public, or place open to public view, or while serving food or drink or both to any customer;

Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line, or
Employs any device or covering, which is intended to simulate such portions of the breast, or
Wears any type of clothing so that any portion of such part of the breast may be observed.
SEC. 21.43. Prohibition against display of private parts.

Every person is guilty of a misdemeanor who exposes his or her private parts or buttocks, or employs any device or covering which is intended to simulate the private parts or pubic hair of such person, while participating in any live act, demonstration, or exhibition in any public place, place open to the public, or place open to public view, or while serving food or drink or both to any customer.


Santa Cruz County Chapter 8.16 Nudity on Beaches
8.16.010 Purpose of provisions.
The presence of persons who are nude and exposed to public view on beaches in the urban portions of the county is offensive to members of the general public unwillingly exposed to such persons. The provisions of this chapter are enacted for the purpose of securing and promoting the public health, morals and general welfare of all persons in the county. (Prior code § 8.52.010: Ord. 2052, 9/3/74)

8.16.020 Definitions.

As used in this chapter:
A. "Beach" means all of that area lying along the coast between the mean low water line and the bluffs or high lands which rise above the sandy areas of the beach.
B. "Nude" means devoid of opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person.
C. "Urban area" means the unincorporated portion of the coast of the county bounded on the northwest by the southeasterly border of the city of Santa Cruz and bounded on the south by the Pajaro River. (Prior code § 8.52.020: Ord. 2052, 9/3/74)

8.16.030 Nudity prohibited.

No person shall be nude and exposed to public view in or on any beaches or water adjacent thereto in the urban area of the county as defined in this chapter. (Prior code § 8.52.030: Ord. 2052, 9/3/74)

8.16.040 Chapter not exclusive.

It is the intention of the board of supervisors in enacting this chapter to provide an additional remedy to meet a particular problem in a portion of the county. It is not the intent of the board to supersede any other applicable laws or regulations relating to nudity or to grant a license or permission to the public to appear in a state of undress in violation of pertinent provisions of the Penal Code or other laws. (Prior code § 8.52.040: Ord. 2052, 9/3/74)

8.16.050 Violation--Penalty

Any person violating the provisions of this chapter is guilty of an infraction and upon conviction shall be punished by a fine not exceeding one hundred dollars; provided, however, that any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of thr



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nudeisntlewd
Forum Member


Posted - 10/23/2004 :  03:32:08 AM  Show Profile  Send nudeisntlewd a Yahoo! Message  Reply with Quote
Those laws/ordinances are all for municipalities in the San Francisco area, but not for the city of San Francisco.

Randy



Country: USA | Posts: 1191 Go to Top of Page
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