Archive for March, 2007
NAC Action Alert: Florida Legislation
NATURIST ACTION COMMITTEE
ACTION ALERT
http://www.naturistaction.org
DATE: March 29, 2007
SUBJECT: Florida Legislation
TO: Florida naturists and other concerned Floridians
Dear Naturist,
The Naturist Action Committee (NAC) is requesting that Florida residents take immediate action concerning specific Florida state legislation. This NAC Action Alert includes specific contact information and instructions. It follows two NAC Advisories (January 21 and March 11) that established detailed awareness of the issues.
IMPORTANT: NAC IS ASKING FOR ACTION FROM FLORIDA RESIDENTS ONLY
NAC believes all naturists should be advised of this matter, but we are asking at this time that ONLY FLORIDA RESIDENTS respond to this call for action. If you live outside the state of Florida, please do not make contact at this time with Florida lawmakers.
If you live in Florida, the Naturist Action Committee needs your help NOW!
ABBREVIATED DISCUSSION
Most of the threats to naturists come from bills that seek to modify Section 800.03 of the Florida Statutes and to increase the penalties that are attached to that law. Section 800.03 addresses the exposure or exhibition of sexual organs in a public place.
For a more detailed discussion please refer to the NAC Advisory of March 11, 2007.
WHY IS THIS A NATURIST ISSUE?
Section 800.03 has been interpreted by Florida courts as applying only to lewd exposure. So why should naturists see it as their issue when penalties are increased for violations in that section of the law?
The existing judicial protection associated with 800.03 is quite fragile. Even with favorable case law that dates back more than thirty years, overzealous enforcement officers occasionally feel justified in using the statutory language alone to bust someone for simple nudity under 800.03. When that happens, a naturist must mount a legal defense against a misdemeanor charge.
Raising the penalty for 800.03 to the felony level, even under limited circumstances, makes any enforcement “misfire” a much more chilling prospect. The proposed changes to the wording of 800.03 that are included in many of the problem bills may prove to be the undoing of existing judicial protection.
SPECIFIC FLORIDA LEGISLATION TO ADDRESS WITH SELECTED FLORIDA SENATORS
SENATE BILL 2058 Sponsor: Sen. Victor Crist (R-Tampa). This is a Senate companion bill for House Bill 269, which has been referred, in slightly amended form, to the House Policy & Budget Council. Not quite identical to HB 269, Senate Bill 2058 contains the same escalated penalties for violation of 800.03, as well as much of the same language that many naturists find threatening. The slightly modified language in this bill is just not enough to turn it into a good bill.
This bill has been referred to the Senate Criminal Justice Committee.
SENATE BILL 1842 Sponsor: Sen. Dave Aronberg (D-Greenacres). Another Senate companion bill for HB 269. The wording of SB 1842 is similar to that of SB 2058. It includes enhanced penalties for Section 800.03 of the Florida Statutes.
This bill has been referred to the Senate Criminal Justice Committee.
SENATE BILL 2544 Sponsor: Sen. Ronda Storms (R-Tampa). This bill greatly enhances penalties for certain crimes. It adds 800.03 to the list of crimes for which the penalty is increased. A second offense under 800.03 would become a third degree felony, and a third offense would be a second degree felony, carrying a mandatory five years in prison. If SB 2544 passes the Senate in its present form, the proposals it contains will become law, since the House version (HB 41) has already passed the House.
This bill has been referred to the Senate Criminal Justice Committee.
SENATE BILL 1800 Sponsor: Sen. Bill Posey (R-Rockledge). This bill authorizes warrantless arrest, specifically where “[t]here is probable cause to believe that the person has unlawfully exhibited his or her sexual organs in public in violation of s. 800.03.” The troubling implications for naturists are obvious.
This bill has been referred to the Senate Criminal Justice Committee.
WHAT IS NAC DOING?
The Naturist Action Committee continues to work closely on this matter with local naturists and with representatives of Florida naturist clubs and groups. NAC is conferring with lawmakers and their staff members. NAC is also working the professional legislative lobbyist retained by South Florida Free Beaches. NAC has committed to pick up a portion of the expense for that lobbyist during the 2007 legislative session.
WHAT IS NAC ASKING YOU TO DO?
The Naturist Action Committee is asking you to take action immediately by contacting members of the Florida State Senate Committee on Criminal Justice.
WHOM TO CONTACT
The Senate Criminal Justice Committee has nine members. Please write or call as many members of the committee as you can.
Sen. Nancy Argenziano (R-Crystal River) Committee Chair
Room 311, Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
(850) 487-5017 argenziano.nancy.web@flsenate.gov
Sen. Dave Aronberg (D-Greenacres) Committee Vice Chair
Room 405, Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
(850) 487-5356 aronberg.dave.web@flsenate.gov
NOTE: Sen. Aronberg is sponsor of SB 1842, a bill on the list.
Sen. Michael S. “Mike” Bennett (R-Bradenton)
Room 216, Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
(850) 487-5078 bennett.mike.web@flsenate.gov
Sen. Victor Crist (R-Tampa)
Room 208, Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
(850) 487-5068 crist.victor.web@flsenate.gov
NOTE: Sen. Crist is sponsor of SB 2058, a bill on the list.
Sen. M. Mandy Dawson (D-Ft. Lauderdale)
Room 410, Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
(850) 487-5112 dawson.mandy.web@flsenate.gov
Sen. James E. “Jim” King, Jr. (R-Jacksonville)
Room 400, Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
(850) 487-5030 king.james.web@flsenate.gov
Sen. Evelyn J. Lynn (R-Daytona Beach)
Room 212, Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
(850) 487-5033 lynn.evelyn.web@flsenate.gov
Sen. Frederica S. Wilson (D-Miami Gardens)
Room 202, Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
(850) 487-5116 wilson.frederica.web@flsenate.gov
Sen. Stephen R. Wise (R-Jacksonville)
Room 220, Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
(850) 487-5027 wise.stephen.web@flsenate.gov
WHEN YOU WRITE OR CALL
Write a letter, send an e-mail or call by telephone. Each is effective. It’s acceptable to do more than one, and NAC encourages it.
WRITE A LETTER OR AN E-MAIL
1. Address your correspondence to each Senator separately. Don’t count on someone to pass a single message around to multiple lawmakers.
2. Give your name and the city of your residence. Anonymous letters are discarded.
3. Be polite.
4. Write clearly that you OPPOSE Senate Bills 2058, 1842, 2544 and 1800.
CALL
1. Call during regular business hours and ask for the Senator, but be prepared to speak with a legislative aide, instead. That’s okay. Each aide is trained to make notes about your specific concerns.
2. Say your name and the city of your residence. Anonymous calls are disregarded.
3. Be polite.
4. Say clearly that you OPPOSE Senate Bills 1800, 1842, 2058, and 2544.
WHAT MORE TO SAY?
1. Enhancing penalties for Section 800.03 solves no immediate or long term problem. The emphasis should be on lewd behavior, not nudity.
2. These bills create bad law through their unjustified compression of punishments to be all at the top of the scale. When everything becomes a felony, where is there room to punish serious crime?
3. The “time and place” restrictions in some of these bills are problematic. Haulover Beach, a significant clothing-optional tourist draw and source of revenue for Miami-Dade County, is located in a county park. Authorities once considered locating a public school nearby. Nudity in a county park would be a felony under SB 1842, and nudity near a school would be a felony under SB 1842 and SB 2058.
4. Senate Bill 2544, sponsored by Sen. Ronda Storms, deals with escalated penalties for certain offense. It includes a “mandatory minimum” of five years imprisonment for a third conviction under 800.03. That’s a harsher penalty than the State’s punishment for vehicular manslaughter.
5. At the same time some bills propose “reclassifying” the penalties for Section 800.03, Senate Bill 1800 proposes relaxing the standard required for making an arrest under that statute. The introduction of warrantless arrests for 800.03 invites further erosion of personal freedoms and would make bad law for Florida.
MORE INFORMATION
You can access additional information on the Web site of the Naturist Action Committee.
Select “Alerts, Advisories and Updates.” Under Current Action Alerts, you’ll find the text of this NAC Action Alert, along with links to the complete text of each of these Florida bills, existing Florida law and pertinent court cases.
PLEASE HELP NAC HELP LOCAL NATURISTS
The Naturist Action Committee is the nonprofit volunteer political adjunct to The Naturist Society. NAC exists to advance and protect the rights and interests of naturists throughout North America.
Opposing dangerous legislation is quite costly. The Naturist Action Committee relies entirely on your voluntary support. Please donate generously with a check to:
NAC
PO Box 132
Oshkosh, WI 54903
Or use your credit card to make a direct donation online through NAC’s Web site:
www.naturistaction.org/donate/
Thank you for choosing to make a difference.
Naturally,
Morley Schloss
Board Member
Naturist Action Committee
Naturist Action Committee (NAC)
- PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton - execdir@naturistaction.org
Board Member Morley Schloss - morleynaturist@hotmail.com
Online Rep. Dennis Kirkpatrick - naturist@sunclad.com
Add comment March 29, 2007
Late March Nude Snowshoeing
Nothing really says it more than the photo. The pure enjoymentof six hours soaking in the spring sunshine on a crisp slope of pure white snow.
1 comment March 27, 2007
Scenic Hot Springs Conditions, March 26th, 2007
In a nutshell, the snow is melting but there is still plenty of it. FS850 is undriveble with unstable snowpack from three to six feet. Erosion on the slopes is typical for the spring melt, with a few new wrinkles but no major sliding. Snowshoes are still advised but they will go on and off, as there are plenty of bare patches. The air temperature at the pool was a cool 39F when I arrived at 4pm.The springs sources have done a switch with the Lobster sources between 57F and 43F and triple the normal volume. The Bear Den sources are a lower-than-normal 101F with nominal flow . . . enough to keep the pool a less-than-comfortable 90F. As I write this, the freezing levels have dropped to 3,000-3,500 ft, and it is snowing lightly on the north slopes of Scenic again. Rick
At the request of Mike, I hiked up to Scenic Hot Springs to check on the snow conditions. The snow berm is still in place across the entrance to FS850. The berm up the highway from the BN staging area is very unstable and dangerous to walk on. Rather than take my chances walking close to traffic on the narrow shoulder of the highway, I decided to check out the hikers’ back route . . . a route I haven’t hiked in years. This route avoids the highway entirely but makes for some treacherous footing and steep slopes. Heavy snow evens out the ankle-biters from snags on the steep slope but with the accelerating snow melt there are a lot of places to fall through if you don’t have secure footing before putting weight on your snowshoes.
Starting at the BN Staging Area, the back trail to thesprings begins at the spectacular Scenic Creek Falls
The trail heads steeply uphill following‘Murphy Creek’ just inside the treeline
Another waterfall, this one nominally a trickle. Just beyondMurphy Creek you enter the BPA Clearcut west of the FS 850 tower
On go the snowshoes. This view looks back at the ravine created by Murphy Creek.
Looking back from the top of the second bypass trail. You can see my
tracks from the back trail around the left of the BPA tower.
Looking up the upper BPA Maintenance Road
Most of the ’snow bridges’ over
running water have by now collapsed
The Meadow Creek runoff has split into two streams,
one of which is running down the road
Minor sliding is common along the BPA Road as snow melts and slumps
Culvert grates are 70-80% blocked and need to be cleaned out
Meadow Creek where it crosses the trail
Melt and erosion where the Main Creek crosses the trail
‘Rock Alley’ has melted of its 8ft snow plug.
A 4ft snow wall greets you at the head of the alley
Once above the headwall, the snow stays firm and deep . . . icy, for the most part. I needed the cleats of my snowshoes to feel comfortable hiking the rest of the way up to the springs.
The Monster Tub as you come upon it from above
From the tub deck, slumping snow has taken down a few smaller trees above
A large boulder has dropped onto the latrine
trail a dozen feet from the structure
View of the area just above the Monster Tub
with minor soil slippage into pool
Water is reasonably clean due to the huge rate of flow.There is a lot of breccia and dirt in the pool from minor slope erosion
The feed from the Lobster sources is large and cold. Add comment March 27, 2007
Goldmyer HS Access Conditions
Updated conditions (as of Saturday morning): The Pineapple Express moving through the area this weekend has put several river into Flood Stage Alerts:
- The Tolt River has reached a Phase IV Flood Alert Level as of late Saturday morning. Levees could potentially be overtopped near the City of Carnation.
- A Phase II Flood Alert has been issued for the Snoqualmie River with the three forks (Goldmyer is on the Middle Fork) expecting lowland flooding and some roadway overtopped by floodwaters.
- Flood Warnings have been issued in Snohomish County for the Snohomish, Skykomish and Stillaguamish Rivers. Parts of the Old Cascade Highway near the town of Skykomish are closed due to washouts or water over the roadway.
Add comment March 24, 2007
What are you here for?
Well, in the last two days a large percentage of the 385 distinct visitors actually clicked through on the links within the article on Writing to and Emailing Members of Congress and Your Legislators.
Eighteen clicked to visit the AANRGovernmentAffairs Yahoo Group, 23 went off to visit the CapWiz Site sponsored by AANR and 48 visitors hit the NAC Alerts site from the link in the article. Only my profile picture and the Flickr photo stream referred to in the Vancouver Goes Topless got more clicks (58 and 52, respectively).
What the click history does tell me is that people are looking for solid and tangible naturist information such as legislative and legal issues, and I think that bodes well for nudism. It certainly makes keeping this blog going well worth my time.
Add comment March 23, 2007
Oregon House Bill 3317: Private Indecency
“. . . it would make it illegal to run around your yard naked in view of others” according to the broadcast.
Within the nudist forums there is concern about the effect this proposed amendment might have of Oregon’s two clothing-optional beaches. Ostensively, the interpretation is that a person in public will now have some ‘expectation of privacy’. What would the outfall be for a clothing-optional beach where the public could come across nude people?
Private indecency concerns itself with a those who get sexual gratification or arousal by peeping or filming others who have an expectation of privacy . . . such as changing in a dressing room.
KATU turns that interpretation around by suggesting that public observation of nudity (ostensibly onto private property) that causes sexual arousal or gratification would be covered by a minor change of the law to add ‘in view of’. I don’t see how that interpretation can be supported. However, if that is the intent of the bill then it bears scrutiny in case the interpretation is applied to the public’s new-founded ‘expectation of privacy’ from becoming offended when seeing naked people on the beach.
The outfall of this person in Rainier is just the sort of fodder that legislators latch onto to produce some far-reaching, draconian laws that affect far more activities that this person’s reprehensible behavior. The interpretation of private indecency as an appropriate vehicle in cases like Rainier is a radical departure from the intent of the law, as originally written.
I suppose I’d better look into what Washington, California and Idaho have to say on the subject. I was kind of hoping that my silly State of Washington might get more enlightened like Oregon . . . not the other way around!
Add comment March 22, 2007
Writing to, e-Mailing, Members of Congress and State Legislators
Letters are among the oldest and most popular vehicles of communication with legislators. Members of Congress, state legislators and local officials do pay attention to their daily mail (or email). Many have staffers just waiting to answer your mail and register your opinion. Legislative staffers maintain that one letter from an individual is viewed as representing the concerns of ten other constituents! That’s how important your written letters are!
Thoughtful letters, presenting clear and forceful arguments carry the most weight, and are the ones most often passed along from the staff to your law and policy-decision makers. But remember, any letter, even a postcard, is better than no letter at all.
Tips
Do your Homework
Know the pros and cons of your issue and the courses of action that have been proposed. Know where your legislators stand on the issue. Show a familiarity with the legislator’s past action on related issues. An hour in the public library or the Internet looking up your issue in recent newspapers will pay off. If your letter is about a specific bill, cite it by name (and number) if you can. If you are writing in response to a NAC or GAT Alert, heed the suggestions in the Alert. Both NAC and GAT carefully consider how to craft and lobby for a specific result and our letters bolster the probability that they will be successful.
Take a stand, Make it Personal
In the first paragraph, state why the issue concerns you and what you think should be done about it. Share from your own knowledge and experience. Explain how the issue will personally affect you, your family, friends, business and community. Provide concrete real life stories and analogies which a legislator can relate to. Sign your name and provide contact details. Signed correspondence adds credibility and an appreciation of your willingness to stand for what you believe in!
Be an Inch Wide, a Mile Deep
Cover only one issue in a one page letter. Present your case with a convincing rationale that your legislator can incorporate into their own argument. Build your case point by point, appealing to reason. Speak in the language of policy. Send enclosures if you think more information is needed. Relevant editorials and news stories from local newspapers in your legislator’s district will get her/his attention.
Praise is as Important as Criticism
When legislators take a brave (or perhaps an unpopular) stand, get in touch to express your thanks. Legislators need to know we’re backing them up when they do the right thing. When you disagree with your legislator, do it politely, and try to find something praiseworthy about him or her. It’s best, if your first written contact with your legislator is a pat on the back. Then, they’ll be more likely to listen when you write with constructive criticism.
Ask for a Commitment to a Specific Action
Let your legislator know exactly what you want done. Ask a legislator to reply, and ask very directly whether she or he will support your position. Legislators are masters of non-replies (letters which avoid giving a position). When you receive a response from your legislator, check to see if they have responded to what you asked, if not, write again. Save copies of any replies you receive to build a framework for future actions.
Show them how they can Take Credit
All politicians are in the credit-taking business. They’ll be much more inclined to do what you want if you can convince them that it will put them in a favorable light before a large number of people. Enlist others to sign you letter. Provide legislators with new catch phrases and quotables which will report well in the newspapers. Frame your issue in such a way as to reinforce your legislator’s campaign promises.
Don’t Miss the Boat
Be certain that your legislator receives the letter before any vote on the issue. Allow enough time for “snail mail” to get to your legislator’s office. Then allow a day for it to sit in the mailbox. Then allow another day for your letter to be opened, registered, and forwarded. On the fourth day, after arriving at the capitol, your letter should be receiving your legislator’s attention (either personally or as part of a constituency total).
Show Good Form
Put it in your own words, avoid buzz words or jargon, and use only those acronyms that the legislator will know. Avoid “Canned” letters. Although any letter is better than no letter. A personal letter, in your own words, in immeasurably better. Write on plain stationary or on your personal or business letterhead. Handwritten letters are fine as long as they are legible. They often get more attention than typed letters.
Define your Relationship
Always write as a constituent, if at all possible. If not, define your connection in terms of benefit to the constituency. Decide whether you should be writing as an individual or as a member of a group. If you are writing as a group, it will broaden your base of influence but be sure to have the blessing of your organization first. If you’re writing as an organization, use your group’s letterhead. If you know your policy-maker, make it clear in the first paragraph. This will alert the person opening the mail to give the letter special attention. By all means use your legislator’s first name if you have established that kind of relationship.
Resources
Naturist Action Committee Alerts:
http://www.nac.oshkosh.net/
AANR Weekly Reports: (must join to view)
http://groups.yahoo.com/group/AANRGovernmentAffairs/
AANR-GAT CapWiz Action Alerts: (AANR Members benefit)
http://www.capwiz.com/aanr/issues/alert/?alertid=9470756&type=CU
Find Your Federal and State Legislators:
http://www.capitolconnect.com/oklahoma/default.aspx
FirstGov: Contact Elected Officials:
http://www.usa.gov/Contact/Elected.shtml
Add comment March 21, 2007
Sauvie Island Call for Action
From Don at ORCOBA:
Hey everyone…particularly Sauvie Island beachgoers:In addition to the staffing cuts being made by the Oregon State Police, potentially affecting the seasonal OSP officer position assigned to Sauvie Island (see a previous posting on this subject), it seems Columbia County is now discussing eliminating the funding for Deputy Larry Weaver’s position, effective this year, and more letters need to be written,For those who aren’t familiar with Larry, he has served on Sauvie Island for the last 13 years and knows it intimately. He is very supportive of our group, and the preservation of Collins as a clothing-optional beach. It would be a huge loss to not have him out here.The addresses and people to write to concerning the Columbia County Sheriff’s position on Sauvie Island are:Rita Bernhard, ChairBoard of CommissionersColumbia County Courthouse
230 Strand StreetAndSheriff Philip W. DerbyColumbia County Sheriff’s Office901 Port AvenueThe County Commissioners are discussing this matter presently, so swift action is necessary.Thank you!
Add comment March 20, 2007
Topless In Vancouver, BC
From a VancouverGo blog posting
Images http://flickr.com/photos/43517501@N00/209848175Vancouver Police will soon be circulating a memo reminding officers that it’s okay for woman to walk around the City topless.
The move comes after a complaint was made to the police department from a woman who has crusaded for the right to go shirtless for years and was victorious in BC Supreme Court.
Vancouver Police Chief Jamie Graham says not everyone realizes it’s okay to bare your breasts in public, “Whether we’ve now evolved to a stage in our society where people can walk around with no clothes or topless is an issue that is going to generate, on some people’s part, concern and when that happens they phone us.”
Graham says officers don’t mean any harm when they detain a topless woman, even if it’s just for brief questioning.
A memo is now being sent to officers reminding them of the Court ruling.
3 comments March 19, 2007
Portland WNBR Planning
Hey All,
So I was wondering if anyone has stepped up yet to get this party started?
To get on the mailing list fire off an email to:
PDX_WNBR_2007-request@pnxcorp.com
with the Subject of: subscribe
Add comment March 14, 2007
