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Message in Response to Fox News Story on Sanibel Island

From AANR President Susan Weaver:

Memorandum from the Police Legal Advisor of Metro Dade County Police Departments sets forth clearly the law regarding nudity in Florida.

“The mere act of being nude in public is not a violation of Section 800.03.

In order for there to be a violation of Section 800.03, the Florida Supreme Court requires that nudity be of a lewd or lascivious exhibition or exposure of the sexual organs.

It is important to recognize that the law draws a distinction between attire and behaviorBehavior may be lewd or lascivious as defined by law (Goodmakers v. State, 450 So.2d 888 (Fla. 2e DCA 1984).  However, simple lack of attire, absent specific behavior as described by law, is not a violation of Section 800.03.

Further, the Florida Statute does not define exactly how an area may be “set aside for such purpose.”  This is the reason why there are many beaches in Florida that have historically been recognized as secluded or in some other way appropriate for nude use.  This set aside is a matter of long-standing historical precedent at places such as Apollo, Playlinda, Haulover, and Bowman Beach (Sanibel Island).

Bowman Beach on Sanibel Island is remote, difficult to access, and has been traditionally used by nudists for over four decades.

Read the Fox News story here

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2 Responses to Message in Response to Fox News Story on Sanibel Island

  1. Jim says:

    Seems to me that Fox is saying that the police are neglecting their duty to arrest naked people. It might be appropriate for police to respond by enforcing every minor detail of the law, at least when Fox news people are around, especially when the violaters are the Fox news team. Obstructing a sidewalk, run them in. Bald tire, impound the van. Of course, Fox News representing themselves as news constitutes fraud, and much of what they say is indecent.

  2. Captain says:

    Fox News is basically an ultra-conservative tabloid pretending to be a news program. Their “news reports” are consistently false, misleading, unfair, and unbalanced. Their “reporters” preach to a narrow minded audience that hears only what they want to hear. The rest of humanity that is rooted in reality will leave them behind. The law is clear that simple nudity is legal.

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