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jdr
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 Posted - 07/19/2004 : 11:53:43 PM
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OK. I have tried to get as many as possible of you to enjoy my state and my island many times. As late as yesterday on another forum here I was saying good things, and being very positive. Well, I went to our beach (Polo Beach, Mokuleia, North Shore of Oahu) yesterday, 7/18, after writing to this forum. But now let me tell you that since then I have been marched across the beach handcuffed, with friends beside me, also handcuffed, across the busy highway, and into a paddy-wagon . Takes about 15 minutes to get to the jail, with the five other guys who got nailed riding with me in the back. Then you're relieved of anything personal, and wait (with handcuffs the whole time) in the holding cell. Takes about 4 hours to process (charges, mugshots, fingerprints, etc) if you have the $50 bail, if not, you're screwed, and wait in jail. I bailed out myself, my wife bailed our two friends. Yeah, she was legal because she had her bottoms on - topless is legal in Hawaii. The other three we didn't know, but she bailed one of them, the other two guys were married to each other and bailed themselves out. One of our friends kept his shorts on the entire time on the beach and still got arrested! Mistaken identity or harassment for talking to us? He is born and raised local, so I'll let you know. OK, the facts for those of you with advise (please): It is classed as a "Petty Misdemeanor" as "Open Lewdness, Hawaii statute 712-1217". The cop told me the max fine was $150, bail $50. I asked him if it could be listed as SEX OFFENDER and he said he didn't know. The state commentary reads in part "712-1217: This section penalizes open lewdness which does not amount to a sexual offense under Chapter 707 of this code, but which amounts to gross flouting of community standards in respect to sexuality or nudity in public." I have enjoyed this forum for a long time, and will certainly let you know what happens. But be aware on Oahu, the Mayor is on the warpath. Should still be ok on Maui. Jeremy Harris, Mayor of Honolulu County, is the guy we need to thank for what we get here, according to the cops in Wahiawa, North Shore. Arraignment is Aug 12 and I will let you know what happens. In the meantime, go to Maui, or Hanover, or BC, but be very careful on Oahu!
Don
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Stibw
Forum Member
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Posted - 07/20/2004 : 03:02:44 AM
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Don, thanks for the update, and I am sorry to hear what had happen to you and your friends. I have heard Oahu is tough on nudists, and that's why I kepy my shorts on at all time during my two visits to Oahu last year. Please give us an update after the arraignment. Good luck.
Bernie
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plumbergirlok
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 Posted - 07/20/2004 : 7:36:59 PM
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I'm sorry you and your friends had such a lousy day. Hey do you belong to AANR??? If so contact them and see what they have to say. I understand that for somethings they will help with legal problems.
Minnie
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Edited by - plumbergirlok on 07/20/2004 7:37:41 PM |
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Cheri
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Posted - 07/21/2004 : 3:43:29 PM
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Minnie, You've a better chance to get assistance from TNS/NAC than AANR in some cases.
Hugs, Cheri
Doing what I can to positively promote nudism
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jdr
Forum Member
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Posted - 07/21/2004 : 9:15:14 PM
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Bernie, Minnie, and Cheri,
I appreciate your support. I'm afraid I don't belong to any of the national clubs because we don't have any official sites in Hawaii that they can back. One of the guys arrested was from Vancouver, BC, though, and has already contacted NAC. They have not yet responded. I will keep you all informed.
Don
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calmnude
Forum Member
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Posted - 07/27/2004 : 8:45:12 PM
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Good luck to you all.
Handcuffed naked?
Thought they only did that at Guantanamo/
I am surprised that the ACLU or a local attorney has not stepped forward.
Is everyone that afraid?
hope not.
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natman55
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Posted - 07/28/2004 : 1:44:27 PM
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There you go! Get the ACLU to take your case.
Nat
"Be Naked but don't Sin."
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jdr
Forum Member
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Posted - 07/28/2004 : 9:54:48 PM
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No. We were allowed to put shorts on before being handcuffed. Then marched out. After hiring an attorney I was told Open Lewdness in Hawaii has a max penalty of $1500 and/or 30 days in jail, but first time offenders can expect no more than $100-$150 fine, then expungement of the records after 6 months. If they expunge, they wouldn't know if it's your first offense unless you get nailed again within the 6 months. It also is not considered sexual assault, so there is no offender registration. Actually, she said it was the same penalty as if someone got caught urinating in public. Still, it's not fun being handcuffed and processed!
Don
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EWK
New Member
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Posted - 11/11/2004 : 11:30:51 AM
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Hey Don:
Writing here to advise others and to hopefully hear back from you more details about your arrest on the Mokuleia beach back in July. I was there in November 7th and as I took a walk down the beach, my friend, a 53 yo physician and upstanding member of his community in California was arrested by 3 officers who came onto the beach using the beach access just east of the Polo field. He was simply sitting on a beach towel reading the Wall Street Journal, had never even stood up or otherwise exposed his genitals to anyone. There was a m/f couple to his left, about 30 ft away, and a single man on the other side about the same distance away. The man was nude sunbathing however left moments before the officers arrived on the beach. When the officers got to the beach, the only 2 persons nude in the immediate visible vicinity were the female, who was part of the couple and my friend, again, as I said who was sitting crosslegged on his beach towel. I was able to observe this scene as I was returning from my walk and the officers were arriving. The officers immediately told my friend that he was under arrest for indecent exposure even though they refused to take any action against the woman who was also fully nude but quickly put her bottom on as my friend was being handcuffed. My friend asked why they weren't also arresting her, he was told that it wasn't his business and that her genitals weren't exposed. (even though they had been) Talk about differential enforcement and profiling!
It took close to 4 hours for all reports fingerprinting photographs, posting bail, etc. to get him out of jail. The scariest part of the experience for my friend was at the police station when the officers discussed in front of him under what statute they were going to book the case and literally said in front of him that they were going to change the charges to open lewdness 712-1217, bkz public indecency always gets thrown out. Furthermore, as he was still handcuffed to the interrogation desk, to casually say to him "you must have really done something to upset that man" referring to a supposed complainant who my friend wasn't even aware was on the beach. It seems as if my friend was set up or framed and that this person, a termite inspector, was either a self appointed beach vigilante and willing to twist the facts, or the police were soliciting his cooperation in notifying and being a complainant, one of the necessary elements to support a charge of open lewdness.
I would bet this one individual who was there cooperating or supporting the police during the arrest is involved in many other arrests that have probably happened under this same scenario. I also speculate that the single man who was nude on the beach to the left of my friend saw this pest control guy in the grass behind the beach and realized, from his previous experience there on that same beach, that something was up or about to come down.
For those of you reading, this man, the complainant, and the one who I believe tipped police was a black man, dressed in a pest control/termite inspector uniform about 6' tall curly dark hair and was driving a white termite control truck with signs marking the vehicle. Not exactly sure what his business was on the beach at 1:15PM in the afternoon on a Monday afternoon, a workday!
Don, I would like to hear back from you and anyone else reading with similar experience. Any advice on local attorneys who are familiar and sympathetic with what is going on there, let me know.
At this point, my friend is going to have to return from CA to Hawaii to appear in court for the arraignment and possibly make a DANCP plea (Deferred Acceptance of No Contest Plea).
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jdr
Forum Member
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Posted - 11/11/2004 : 1:34:28 PM
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EWK,
From your viewpoint on the beach, if you were to look across at the polo field, you probably would have seen an unmarked silver car with a blue light on top. We were on the beach last Saturday and Sunday, but I work on Mondays. We saw this police car a few times on Saturday, but on Sunday he pulled into his same spot every 1/2 hour, starting at 10am, except from noon to 1pm (lunch?), for about 5-10 minutes each time to scan the beach with high-power binoculars. Finally at 3:30 he stayed until our group left at 4:15. He would continue to watch even when we used binoculars to watch back. All I can say, is it must be a very serious crime to be nude on a nude beach if they can afford to assign a cop to do nothing but watch it all day long while we have the huge problems of drugs and car theft running rampant all over the island. Other people we know on the beach have told us either this cop, or another with a gold car, watch the beach throughout the weekdays as well.
As far as the charge, they are right. Indecent Exposure is much more serious, is considered a "sex crime", and is very difficult for them to win. Our best friends were arrested on those charges last February and got the case dismissed. They then started charging for Open Lewdness, which is not a sex crime, is a petty misdemeanor, and is very easy to prove. In my case, I hired a lawyer for $750 to represent me in this case even though I was guilty and could not prove otherwise. I felt safer because I didn't want to take a chance at jail. I ended up with $50 fine + $25 court cost and get expungement from my record after a 6-month probation, but the expungement then takes a year to process. A person arrested the same day as I was did not hire a lawyer. He did a plea bargain with the prosecuter for a $100 fine + the $25 and got the same deal on the expungement, so he actually paid $125 while I paid $825 for the same thing. If I was to go through it again I would not hire an attorney unless I was actually not guilty, but if you email me or do the personal message here I can tell you who the lawyer was. They are not really sympathetic, but they are familiar with these cases.
Your friend must have made someone mad, because we got our cuffs removed as soon as we entered the police station in Wahiawa, but it did take a good four hours to get done. Now, one of our group was innocent and the case of mistaken identity. We got them to drop his charges, but he still had to pay for a lawyer, so it cost him $750. While we still carefully visit our beach every weekend, you are better advised and will enjoy yourself much more if you get a chance to visit either Little Beach or Red Sands Beach, both on Maui.
Paradise is a state of mind, not location. If you're happy, you're already there.
Don
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HIGUY2
New Member
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 Posted - 01/03/2005 : 2:43:05 PM
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Hey all, HIGUY2 here ("2" as in also ). Wow! That story is enough to make me never want to go to Mokuleia again. The wife and I have gone nude there a coupla times but I guess we were lucky there were no cops scouring the area. It's disgusting that the HPD is spending time and manpower on this and even arresting people when there are real problems like ice and car theft.
Anyway, I am one of the many people who live on Oahu who are frustrated about the lack of nudist locales. I have heard vague rumors about a beach near Diamondhead, but have yet to discover it. Anyone know what I'm talking about? Any other places where you don't have to worry about getting arrested? Hang loose all!
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chic
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Posted - 01/03/2005 : 4:19:44 PM
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We've been to Hawaii a few times including Oahu and some of their secluded beaches. But after hearing some of these experiences, I think we'll stick to the more nude friendly beachse on the Mainland and Caribbean.
Chic
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BeauSoleil
New Member
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Posted - 07/27/2010 : 6:19:55 PM
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Hey,
Things have changed. The DA got beat in court and the Supreme court of Hawaii says that Nudity is not Lewd.
I have been to Polo Beach several times (last two weeks) many people there no clothes.. Very nice people! I am going again today.
The locals say that if the Cops show up they just tell everyone to put their cloths on and keep going.
Nothing like snorkling nude.
BeauSoleil
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nudesunguy
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Posted - 07/28/2010 : 10:42:37 AM
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That's great news! And don't forget, there is always Little Beach on Maui, totally safe.
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