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 Posted - 09/17/2008 : 10:15:56 AM
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From this other thread, here are comments by two menbers on the topic of what laws allow nudity in a resort or private club, a topic which deserves a thread of its own:
balataf:
A state, federal or local park is very definately a "public place!"
But what worries me on this point is the great body of rulings and laws on what is/is not "public accomodations". Much of this is left over from the Civil Rights revolution of the '50s and '60s. The basic rule is that any facility tht is open to participation or entry for a fee could be covered as a "public place." This definitely includes the nudist resorts I have attended, as opposed to someone's private land or house that is open by invitation and without any fee.
At the time, while I basically supported Civil Rights, I disagreed on giving the government the power to regulate so much private property on technicalities. I did not patronize segregated facilities, but felt that it was not the government's proper function to forbid it on private property. This is the position known today as libertarian.
VLM34:
quote:
Originally posted by balataf
A state, federal or local park is very definately a "public place!"
Yes, definitely.
quote:
But what worries me on this point is the great body of rulings and laws on what is/is not "public accomodations". Much of this is left over from the Civil Rights revolution of the '50s and '60s. The basic rule is that any facility tht is open to participation or entry for a fee could be covered as a "public place."
If you meant the words I bolded to say "public accomodation" I agree with you.
As I understand it, a hotel lobby, a restaurant, and (say) Disneyland would be both public places and public accommodations. They aren't incorporated and licensed as private clubs, but instead are open to the general public.
Now, lets look at a resort incorporated as a private club. Assume that the grounds are adequately shielded from view of those outside, and that the club chooses to permit a limited number of selected non-members to enter for a fee.
It's definitely a public accomodation (because it allows selected non-members for a fee) but it's not a public place because it's not open to the general public.
As a private club, it's governed by its Articles of Incorporation and its Bylaws and/or by its conditions of license. If those governing documents require or permit nudity, and if the shielding adequately prevents view of nudity from public places, all is well.
All who enter do so voluntarily and agree to accept and abide by the bylaws, thus waiving the right to invoke public indecency laws - at least as regards mere nudity.
I'm not sure I've got that 100% right, but that's the idea. Both federal and state law are involved, plus a lot of murky case law, so I don't think any synopsis would apply everywhere.
I'd happily defer to anyone who has detailed knowledge in all 50 states, although I doubt that such a person exists.
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What laws allow nudity in a resort / private club?
