sxnahm@ubvax.UUCP (Stephen Nahm) (01/20/86)
The following is an article from the Winter Solstice 1985 issue
of The Capital Sun. It details the National Capital Naturists'
(NCN) litigation to overturn the Accomack County ordinance which
prohibits public nudity, and effectively closed the de facto
clothing optional beach at the Chincoteague Wildlife Refuge on
Assateague Island. I posted the ordinance on the net when it was
first introduced, and can mail it to anyone else interested.
NCN's fight has wide impact for everyone interested in clothing
optional recreation. I encourage all to help them win the fight
with a financial contribution to their legal fund, no matter how
small. Their address is:
NCN Legal Action Fund
P.O. Box 3122
Fairfax, Virginia 22038
Steve Nahm
...!amd!ubvax!sxnahm
-----
Report From the NCN Legal Action Chairman
by John Kyff
Another summer has come and gone and ``public nudity'' is still a
crime in Accomack County [Virginia]. Naturists once again this
summer were cited and arrested on the remote beaches of
Assateague Island. No one exercised their right to a trial,
resigned instead to throw in the towel and pay the county $135.
I wish each of them would send an equal amount in to the NCN
Legal Action Fund where it will do far more good.
You may be getting discouraged; perhaps thinking that we are
getting nowhere, that it's a hopeless situation. After all,
didn't federal and county authorities prohibit nudity at NCN's
9th Annual National Nude Weekend Celebration on Assateague?
Didn't NCN fail to get an injunction? Hasn't a federal judge
abstained from hearing NCN's case in Federal Court? Isn't this
litigation costing far more than we anticipated? Yes. Yes. Yes.
Yes. No one said it would be easy, and it is not.
Am I still confident of victory? You bet I am! More so than
ever. The events of this summer have strengthened an already
strong case. NCN's allegation that Accomack County's anti-nudity
ordinance is so vague and overbroad that it could be used -- as
intended -- to abridge many fundamental rights has been born out
by actual police action against us this summer. Facts speak
louder than supposition. So let's put things in perspective.
NCN is committed to an activist role in the long struggle to
gain official recognition of naturist civil rights in America.
When necessary, we will litigate -- as we have been forced to do
by Accomack County, Virginia. Our objective in any litigation is
to win and to establish legal precedents with the widest possible
application. To win, we must have a winnable case and the
ability to get it into court.
Hurdle #1 -- to raise the money necessary to litigate in this
country. It is extremely expensive. NCN's Board of Directors in
July, 1984 established the NCN Legal Action Fund and set out to
raise the capital necessary to litigate. Over $10,000 was raised
in less than a year, thanks to the support of our membership and
others. We thought we had cleared the first hurdle.
Hurdle #2 -- to secure the services of a competent attorney.
Keep in mind that attorneys like to win -- a record of lost cases
is bad for their reputation. Every attorney we approached was
interested in taking our case. We chose two whom we felt were
the best. We have not been disappointed.
Hurdle #3 -- to have standing to bring a case into court. You
can't just walk into court and challenge the constituionality of
a law based on your beliefs. Without standing, even the best
case will never be argued. On July 11, 1985 we were in federal
court seeking as injunction against enforcement of the ordinance
on naturists participating in planned National Nude Weekend
events and activities. Judge Richard B. Kellam, from the bench,
stated that the issues which we raised were very serious indeed
and that it appeared on the surface that many of the points we
raised were consitutionally protected. He did not dismiss our
case. After hearing oral arguments, he recessed to study the
issues and decide whether or not to issue an injunction. His
decision was to abstain from the case, feeling that the state
constitutional issues should first be resolved in State Court.
If the federal consitutional were not resolved by resolution of
the state issues, he reserved jurisdiction to hear the federal
issues at a later time. Our standing to bring the case was
clearly established -- an NCN victory.
Hurdle #4 -- to convince the court that it had jurisdiction to
decide the issues. Again, Judge Kellam did not dismiss our case
in Federal Court. He abstained, retaining jurisdiction, in
effect granting that Federal Court had jurisdiction to hear the
constitutional issues which we raise. Another NCN victory.
Hurdle #5 -- to argue this case in Federal Court, not in State
Court, for a variety of reasons. We believe that Judge Kellam
erred in his abstention ruling and that we need not resolve State
issues before federal constitutional issues will be heard in
Federal Court. This is a procedural question and does not
reflect in any way upon the merits of the case. On August 7, 1985
we appealed to Judge Kellam to reconsider his position and hear
our case. He stood firm, reaffirming his abstention position.
The position of the NCN Board of Directors is that we are
concerned not merely with the immediate interests of our local
membership but with the interests of American naturists
everywhere. We view the issues as national in scope affecting
naturists everywhere, not merely a particular local group in a
particular county or state. This case is not an attempt to free
any particular beach. This is not a nude swimming or sunbathing
or nude beach case. Our position is that American naturists are
entitled to full and equal protection of the law which may not be
denied for nudity alone. We maintain that we, like all
Americans, are entitled to the rights and privileges afforded all
citizens irrespective of our beliefs, our peaceful and sincere
expression of those beliefs or the beliefs of others and that the
State may not compel American citizens -- including naturists --
to express the beliefs of others by word or act -- including the
expressive act of adorning our natural selves with unwanted,
superfluous, inherently expressive clothing in order to access
the entire public sector. While there are State issues involved,
we feel that they are incidental to the far more important and
fundamental federal issues.
Therefore, rather than compromise at this stage of our civil
rights struggle by filing in State Court, we elected to appeal
Judge Kellam's decision to the 4th Circuit Court of Appeals even
though doing so significantly increases our costs and delays any
hearing of the merits of our case. We trust that both our
membership and naturists everywhere will support our decision and
do so generously with their financial contributions so that the
merits of this case can be heard.
Hurdle #6 -- hurdle #1 has reappeared before us and we are
approaching it at high speed. Help us to clear it, for if we
can't, we'll be out of the contest. Our opposition [governmental
authorities] is not faced with this hurdle -- they have strong
financial backing. It's the one thing they have going for them.
Fund raising continues to be our top priority. More than $17,000
is gone. $20,000 more is needed. That represents 1000 $20
bathing suits or 148 Accomack County $135 fines.
Hurdle #7 -- to win our appeal to have this case heard in Federal
District Court. NCN's motion for appeal of Judge Kellam's
decision was filed in the 4th Circuit Court of Appeals on
September 23, 1985. NCN's brief will be filed in December 1985
and we expect to present oral arguments in January. Do not be
discouraged. With dignity, pride and conviction, we will stand
up in court to fight for your and our rights. Help us through
with your financial support. With your help we are going to win.
Naturism may not be suppressed nor naturists oppressed for nudity
alone; not in Accomack County, not in Virginia, or Florida, or
New York; not anywhere in America.
--
Steve Nahm
amd!ubvax!sxnahm
or
amd!ubvax!sxnahm@decwrl.DEC.COM
(formerly decwrl.arpa)