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Posted - 11/29/2003 : 3:22:37 PM
Reprinted from the Haulover Digest:
Anti-Nudity Ordinance City of Brooksville, Florida
Alert to Public Nudity Ordinance.
http://www.ci.brooksville.fl.us/agenda/111703F3.pdf
To all:
The City of Brooksville, Florida is planning a public hearing on an anti-nudity ordinance. They propose to introduce, as a city ordinance, the same text as was used in the Hernando County Ordinance.
I was informed by the City Clerk's office that a copy of the proposed ordinance will be posted on their web site by noon today (Wed. Nov.26, 2003) www.ci.brooksville.fl.us look for blue box with agenda, click and look for 12/1/03
This proposed ordinance is scheduled for its first hearing on December 1st, 2003.
Brooksville WebSite: www.ci.brooksville.fl.us
Brooksville Email: info@cibrooksville.fl.us
Fax: 352.544.5424
You can write to the Mayor and City Council Members as follows:
Mayor: Richard E. Lewis
Vice Mayor: Mary A. Staib
Council M. Joseph E. Johnston, III
Council M. E.E. Ernie Wever, Jr.
Council M. Joe Bernardini
City Manager: Richard E. Anderson
City Clerk: Karen M. Phillips, CMC
It is my suggestion that letters sent by Email should also be printed out and faxed to the City. If you are writing one letter to all the elected officials, when faxed, attn: City Clerk, write a request to have copied and distributed.
We have learned that letters that are emailed only, end up being deleted and lost as public records. Letters faxed have a better chance of surviving.
The elements of this ordinance, if the same as Hernando County's, will be where they are using the "adverse secondary effects" issue as well as court cases, studies and expert testimony (from the radical right) that is skewed to get the result they want.
In the Hernando County incident, they totally ignored the lack of secondary effects in other counties, the Haulover Beach experience, copies of court cases and letters from public officials stating that there is no adverse secondary effects, that were sent to them.
Suggestions:
It is my suggestion to write and fax letters to get on the public record, information that states that there has been "no adverse secondary effects" in communities where nudist resorts and beaches on public lands are located.
Other issues:
* The ordinance is redundant legislation. There are existing state laws to control inappropriate behavior.
* The ordinance violates state law concerning city ordinances, which states that a city ordinance can only cover one subject. This ordinance covers both mere public nudity and night club nudity. The case law is different for these two different subjects.
* The ordinance is not gender neutral, therefor it violates the meaning, intent and spirit of the Florida Constitution and the US Constitution.
* This ordinance makes illegal, a lawful activity enjoyed by a whole class of people.
Then request that they follow the wording of the Florida State Supreme Court in Hoffman v. Carson Cite Fla 250 So.2nd 891, and add the following wording in the appropriate section of their ordinance:
"Provide, however, this section shall not be construed to prohibit the exposure of such organs or the person in any place provided or set apart for that purpose."
One of the purposes of getting good rationales for not adopting the ordinance as proposed and placing good reasons to reject the ordinance or amend it, into the public record, is if there is a future lawsuit in that jurisdiction, the city cannot claim ignorance. Maybe our input into the public record will help some lawyer prove negligence.
Thanks, Cyndiann for bringing this ordinance to our attention.
Richard Mason
Florida Naturist Association
Phone: 305.893.8838
Reprinted from the Haulover Digest. This information is provided for education and community discussion. Nudis |
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