Conference moira::naturism

326.0. "Nudity, and the MA state constitution" by NODEMO::DITOMMASO (I cant get use to this lifestyle) Fri Jul 19 1991 13:48

   My brother is an avid naturist, he is also a lawyer.  He has spent
  a good deal of time investigating what peoples rights are in regards 
  to nudity, nude sun bathing, or nude recreation.

   According to my brother, the state constitution and laws have no 
  regulations against nudity in public.  There are also laws protecting
  individuals rights and freedoms, as well as equality among the sexes.

   Note that state parks are state land. Such as hopkington state park.
  In cases in which local ordinances have conflicted with state laws, the
  state has complied with local ordinances.   

   In the case of Hopkington State park, which is patrolled by state police,
  nudity is allowed.  Hopkington does not have regulations against nudity.

   There is a loophole however.  If someone complains that a person who is
  nude is causing a public disturbance, you can be asked to clothe yourself.
  An officer can not however ask you to clothe yourself without a formal 
  complaint.   

   My brother has tested this on Hopkington state park, and has had no problems
  (complaints) as of yet. The state police walked right by him and his 
  girlfriend, who were both nude.    

   A complaint also needs to have backing.  One can not be a public disturbance
  simply because somebody disagree's with your appearance.  Any arrest 
  due to you refusing to clothe yourself could result in a false arrest.
  The penalties for false arrest can become quite lucrative, to the tune
  of hundreds of thousands of dollars, if you wish to pursue a suit against
  the state, or city you were arrested by.

   As far as topless women are concerned, the state constitution provides
  for the fair treatment of women (I forget the act.) and this can be 
  applied to women being topless wherever men can be topless.  (as long as
  it is not causing a public disturbance)  In many cases of beaches, most
  people will not act as if a riot is going to break out.  

   So, for the moral of the story, ... if you take time to investigate the
  local ordinances, and find there are none against nudity, go ahead and
  take it off.  As far as women goes, topless should be OK at any state beach.

   If I can, I'll have him post an article or two about it.  I'm not a lawyer
  and I'm only writing from memory of what he has told me. 

   Paul

   

    
    
    	Anything further on this. Did your brother write any articles for
    posting?
    
    ed

  Hi Folks, 

  I have been so busy with work ... and he has too.  I will try to get
  him to write an article or two, or even a breif summary of what he
  has found out about this.

  I think when he gets some free time again .. and the fact that its
  getting nice out again (hopefully) .. he'll go back to investigating this.


 paul

    Has any other notes reader found this to be an acceptable area for sun
    bathing?  I have been discreetly nude sunbathing there for several
    years and have had no negative responses from others inthe area.  I
    usually go to the upper lake(above the dam) and walk back around the
    the shore line (towards Hopkington) to the sandy areas on the other
    side of the island from the boat launching ramps.  The week days are
    usually better, especially after school vacation starts.
     	Here's wishing you all sunny week-ends!
    
    		Gary