ADVISORY: Vehicle Theft at FS Trailheads

The Forest Service reports some vehicle thefts are occurring by the use of a rollback truck. When a Forest visitor parks on a road it is very easy to back the truck directly to the vehicle, lower the bed and winch the vehicle onto the truck in a few minutes. It could be a truck with flashing red or yellow lights and look like a legitimate service call. It is suggested that if you park on the Forest Service road before the gate, that you try to park at an angle that would make the above type of retrieval more difficult.

Legal Aspects about Nudity and Naturism

A good overview on the legal issues of nudity

http://www.religioustolerance.org/nudism1.htm

Laws about Nudism:

United States:

Federal law: No federal US federal law that either allows or prohibits nudity. The courts have not ruled whether the right to engage in naturism is guaranteed by the Constitution under its freedom of expression provision. Thus, the legality of various forms of undress is currently left up to the individual states and localities to decide. Nudity is generally allowed in national parks, unless local laws have overriding jurisdiction.

In 1981 (Schad v. Borough of Mount Ephraim, 452 U.S. 61, 65-66), the U.S. Supreme Court ruled on nudity, as it appears in movies, plays and TV. They found that: “Entertainment, as well as political and ideological speech, is protected; motion pictures, programs broadcast by radio and television, and live entertainment, such as musical and dramatic works, fall within the First Amendment guarantee … Nor may an entertainment program be prohibited solely because it displays the nude human figure. ‘Nudity alone’ does not place otherwise protected material outside the mantle of the First Amendment.” This might be interpreted as protecting a naturist’s right to engage in a nude demonstration or public performance on a beach. But the ruling does not appear to cover simple nudism.

State laws: In one state, perhaps Tennessee or Alabama, a law is on the books which prohibits even the discussion of nudism. It is clearly unconstitutional and could not withstand a court challenge. The law is not being enforced at this time.

Local laws: A referendum in Newport, Maine, was conduced at the time of the 1998-NOV-3 elections. It would have asked selectmen in the city to ban the display of “female breasts … visible from a public way.” The proposal was defeated. The vote was triggered by complaints about a resident mowing her lawn while topless.

Canada: Two federal laws (Section 173 and 174 of the Criminal Code) apply across the country.

Section 173 prohibits “indecent acts” done either:

in a public place, or

in any place, if done with the intent to “insult or offend”

It also forbids “exposure of genital organs” for a “sexual purpose” to someone under the age of 14. As is common Canadian practice, Parliament leaves the exact definition of these terms up to courts to decide. Various Provincial courts have decided that:

simple nude sunbathing is not indecent.

streaking is not prohibited under the law.

the inside of a car can be a public place if it is viewable from the street.

the doorway of a home can be a public place.

Section 174 prohibits being “so clad as to offend against public decency or order” while exposed to public view. Courts have decided that nude swimming is not within the range of this law. This section seems to have been used mainly against nude and semi-nude performances in commercial establishments.

Efforts to restrict Naturism:

The Naturist Education Foundation wrote:

“Two years ago NEF produced a video, ‘Baring the Threat’, in which the threat of the radical religious right to Naturism was explored. At that time groups like the ‘Christian Coalition,’ ‘American Family Association’ and others were attempting to impose their morals on all North Americans by securing whatever government seats they could acquire…Although these radical groups have a broad agenda for controlling America’s politics and morals, they are focusing attacks on what would seem to be a minor issue: mere nudity.

The Naturist Action Committee (NAC) stated:

“When the religious right failed to stir up enough community outrage over something as simple and familiar as skinny-dipping, they took a new tack — radical extremists claimed that family Naturism is a form of child abuse. NAC has been tracking this trend in state legislatures and the courts for over six years now…” 1

As of 1997-FEB, the NAC was “actively lobbying against bills…[including] restrictions or outright bans on nudity in more than two dozen state legislatures throughout the United States…Our opposition…the radical right…is well funded and well organized as a citizen lobby with the goal of putting a thousand such laws in place by the year 2000.

By the end of 1998, the Naturist Action Committee had identified legislation in 40 U.S. states, the Virgin Islands and Canada that would stop or impede nude recreation. 2

Some municipal, county, and state legislation limiting public nudity is aimed at controlling behavior in topless bars, XXX rated pornography, etc. However, unless carefully worded, it can limit the freedom of naturists to be nude in wilderness areas, in private nudist resorts and even in their own homes. A common approach among some state legislators is to introduce a bill to tackle what is perceived to be a social problem. Then they word the bill so inclusively as to criminalize naturist activities at private resorts, and topless beach wear, thong bathing suits, etc. In some cases, these bills would prohibit nudity even in the privacy of one’s home. Since most legislators are lawyers and exhibit at least normal intelligence, it is apparent that such duplicity is intentional.

The Naturist Action Committee claims that its “success rate against proposed anti-nudity laws in U.S. state legislatures over the past three years exceeds 94%.” 3 They list legislative successes in FL and TX during 1997; in KY & PA during 1998; in MA, MO, & NE during 1999; and in KS & WA so far during 2000.

References:

The Naturist Action Committee (NAC) alerts interested persons to legislative threats against nudists. They are sponsored by the Pilgrim Naturalists of Boston. See: http://www.naturist.com/NAC/ They have an archive of past alerts at: http://www.tiac.net/users/

The Naturist Action Committee maintains a list of anti-naturist legislation in all 50 states, the District of Columbia, Canada, Puerto Rico and the U.S. Virgin Islands. See: http://www.naturist.com/NAC/

“Success Stories,” at: http://www.nac.oshkosh.net/Success_Stories/

Copyright © 1996 to 2000 incl. by Ontario Consultants on Religious tolerance

Extracted from file nudism.htm on 2000-AUG-29

Latest update: 2000-AUG-29

Author: B.A. Robinson

The Meaning of Volunteer-ism

From a post in TribeNet concerning Scenic and Work Parties . . .

Why does the new owner need volunteers? Can’t he get a business loan or some venture capital together to get the springs operational without using volunteers? Can he get things operation without volunteer work?

Complete thread here

And my response after NG got finished with him . . .

Sometimes you just have to get aboard to protect what you like. I read the previous topic on Announcing the Work Party and some business mumbo-jumbo about project management and tit-for-tat. I think NG has it absolutely right. You get a feeling about a person who goes out of his way to meet the people who share his dreams about revitalizing Scenic Hot Springs. Mike, the new owner, has his complement of lawyers, consultants, experts and professionals as any good businessman should. Yet Mike goes out of his way to ask those who have experienced the special nature of the springs about what to do . . . often at odds with the advice of his consultants.

I remember one conversation we had when Mike was relating about how his lawyer . . . a technically-competent lawyer . . . just did not get what he was trying to accomplish at Scenic. If Mike had never befriended the previous-cadre of Scenic soakers would Mike have gone ahead with his consultants advice for a ‘steel-concrete-and plastic monstrosity of a resort? That is what his consultant could not understand . . . why would Mike give up the easy money for the much harder task of giving us something truly beautiful and spiritual. As Mike said . . . he just doesn’t get it!

Well, I do . . . and so do many others. Some things in life are just not slated to be the subject of Business Economics 101. I have known Mike for some time now and one thing I do understand is his love for natural hot springs in the Japanese-tradition of rock pool onsens. He is an artist with rock and water and like an artist you sometimes do things differently than in the business world. No doubt that this is, or will be a business. He must recoup his costs somehow and he must be able to pay for caretakers. But within those bounds Mike creates.

That is who Mike is. I met him because of comments I made about behavior at hot springs and we got to talking. Mike has gone out of his way to listen to what others say but I do not ever remember him asking that we volunteer to help out on the small things while major hurtles were being negotiated. I volunteered without any expectation of recompense because I believe in his concept. And if I never get a single special privilege for helping that is perfectly fine by me because I will always know that I helped bring about the re-emergence of Scenic Hot Springs. The more business astute may say that that does not make economic sense but who cares. This is not about business . . . this is about beauty.

That others make disagree and say ‘where’s my cut?’, you were not asked to volunteer by Mike. It went the other direction. We volunteered our services. Those that said, let’s OFFER our help stood up and helped. The reward was in pride and personal accomplishment. You have to make the decision on what counts in your life. Much like Mike, this is a hobby to me. Unlike Mike, I do not have to pay the bills to realize my hobby. He could have hired contractors to do the work . . . contractors who couldn’t care in the least; or he could have accepted the offers to help out with the grunt work. Mike is not a wool suit, white-shirt type of owner . . . he was right in there with us doing all the dirty grunt work and listening to all the advice we gave him, and that advice is likely to show up in the end-product. If anything is invested at Scenic . . . it is our hearts and souls and there is no place in there for a pocketbook or tally sheet.

Rick (aka banged-up-shins)

. . . after a very long day of backbreaking labor learning how to install water bars across a trail. See, I learned something new today.

The Curious Route Water Takes Underground

Ever in my quest to understand the therma-hydrodynamics of where the hot water comes from at Scenic I thought I’d park this interesting little factoid here in the hopes it would explain something at a later date.

Scenic has an unusual configuration for a hot springs. Normally, the water emerges hottest at the lower elevations but Scenic is the exact opposite. Supposition is that this is because the water flows are very shallow from the upwell source and on down the slope . . . thoughts that are borne out by the fractured substrate layer just beneath the soil layer.

Others have also commented that Scenic responds to ground water and snowmelt percolation on a faster than normal schedule from most hot springs . . . often a good rainfall affecting the temperature of the spring water within days.

Today, one of the long-term soakers, Dale, pointed out the pressure dynamics of freshly percolated water into the springs . . . and one that is fasinating.

At the main springs, there are two sources of hot water . . . probably primary upwells. One is reliably hotter than the other by several degrees (and this is the one that fed the ‘infamous’ Lobster Pot pool in days begone. However, today the two springs had reversed their temperature profiles. We all commented on that.

Facing east across slope at remaining ‘Monster’ tub. Treed area behind is a relatively flat area. You can see the two pipes that feed hot water from the primary spring sources.  The one in the back is the normally hotter spring

The explanation put forth goes likes this, and you have to imagine the geology. Looking into the slope (uphill) from the remaining pool is a disjoin of granite boulders from which the normally hotter of the two springs emerges. To the left of this disjoin is a large and relatively flat area slightly higher than the spring outlets, themselves. On the right is continuation of the steep slope from higher up the hillside. From here emerges the normally slightly cooler second source spring.

When it rains heavy or snow begins to melt on that flatter area to the left the water pools subsurface and as it is heated it begins to exert a sideways-to-the-right pressure on the granite disjoin where the hotter spring emerges . . . with the result that water flows go up and the temperature is tempered by the new water. The other spring now gets the hotter water coming up from lower down in the substrate.

Once the percolated water seeps through the flat area and is discharged at the spring, the pressure is lessened and the roles once again reverse to hottest on the left and slightly cooler on the right. Fasinating hypothesis.

Rick (aka banged-up-shins)