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Recreational Nudity and the Law Paperback – June 15, 1995
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From the Inside Flap
Masaccio's fresco, The Expulsion of Adam and Eve from the garden of Eden seems an effective illustration of the materials summarized within this text.
With the expulsion of Adam and Eve also came the first prohibitions against nudity, at least mythologically. A prohibition that early on crept into the judicial system occasionally still appearing in some contemporary judicial opinions ruling against public nudity.
Perhaps it is not surprising that the advocates o nudity in a recreational context often equate its manifestation with the paradise of the Garden of Eden.
In this volume Gordon Gill summarized 101 reported U.S. court decisions involving recreational nudity.
Author Gordon Gill first perceived a need for such a book after observing a succession of judicial decisions dealing with its legality, not all of them consistent. A bit of research revealed some early decisions - beginning in the 1930s when the American nudist movement was becoming firmly established - wherein prosecutors successfully obtained criminal judgements against persons engaging in innocuous nudity in private swimming pools, etc. Subsequently, the laws of a number of states changed so that engaging in recreational nudity on private property now is generally deemed acceptable.
As is evident from an analysis of recent cases herein, courts are rendering mixed decisions in the legality of casual nudity in public beach and park areas. The Supreme Court of Florida has held that in the absence of accompanying lascivious conduct, outdoor public nudity did not fall within the provisions of an indecent exposure statute. Similarly, the New York Court of Appeals has held that prosecutors could not apply a criminal statute governing lewd behavior to bare-breasted women enjoying public facilities in a city park. Meanwhile, other state and federal courts have proscribed casual nudity. --This text refers to an out of print or unavailable edition of this title.
From the Back Cover
Some participants--men and women--entered the pool nude. ...arrested and charged with lewd exposure, outraging public decency, maintaining a public nuisance, People v. Burke (1934) page 4
International Nudist Sun contains... photographs of nude men and women... judge wants to know if a freshly shaved mons Veneris on several of the females is obscene. People v. Noroff (1967) page 170
Police commissioner claims nudist can't be cop. He wouldn't be wearing his weapon. Burns v. Pomerleau (1970) page 30
...five individuals (four male, one female) swam nude and later were discovered by rangers while eating watermelon nude on the river bank. United States v. Hymans (1972) page 55
Ordinance proscribes persons over age ten from appearing... without opaque covering of "the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person... Eckl v. Davis (1975) page 65
...sheriffs... encountered 25-30 women--all naked above the waist--on Durand-Eastman Beach. People v. David (1989) page 104
French-cut bikinis and thongs are acceptable; G-strings, pasties, and socks covering male genitalia are not... The Naturist Society, Inc., and T.A. Wyner v. Fillyaw (1990) page 109 --This text refers to an out of print or unavailable edition of this title.
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