Honolulu Star-Advertiser: “Topless sunbathing legal under state and city laws”, August 28, 2015

The Honolulu Star-Advertiser newspaper’s Kokua Line column at http://www.staradvertiser.com/columnistspremium/20150828_topless_sunbathing_legal_under_state_and_city_laws.html (premium content) answered a question yesterday about the legality of topless sunbathing under city and state laws. The writer of that article “checked with the Honolulu Police Department, the city prosecutor and the city and county’s Ocean Safety and Lifeguard Division to see whether the legal landscape had shifted at all since Kokua Line last addressed this issue about a decade ago. It hasn’t, which means that there is no state law or municipal ordinance specifically prohibiting women from baring their breasts on public beaches.”

The article further states that “There are laws against indecent exposure and lewdness, but neither statute applies to topless sunbathing. The exposure law, Hawaii Revised Statutes 707-734, refers to the intentional exposure of genitals, not breasts. The lewdness law, HRS 712-1217, describes open lewdness as a “gross flouting of community standards in respect to sexuality or nudity in public” that falls short of a sexual offense. The law includes case notes that specifically exclude the exposure of female breasts as an offense. This is an important distinction, lest discreet breast-feeding in public be deemed illegal, for example. A topless sunbather could commit a lewd act, but toplessness in and of itself would not be considered an offense.”

The article editorializes that “While topless sunbathing by women is not illegal, neither is it common, especially at crowded urban Oahu beaches such as Ala Moana Beach Park. Depending how seriously you feel about this issue, you could contact your state legislator or City Council member to urge them to change the law to specifically outlaw topless sunbathing by women on public beaches. This could be tricky constitutionally, HPD has pointed out, given that men go topless all the time.”

As readers of this blog know, indeed nipples of either gender are not considered genitals and both men and women are free to enjoy top free recreation at Hawaii city and county beach parks, although different laws apply to Federal lands and state parks.

Additionally, the Hawaii Supreme Court in the case of State of Hawaii versus Kalama, upheld the right to nonsexual nude sunbathing at Polo Beach (and presumably other locations).


The Kokua Line did acknowledge that “local sensibilities…might vary from site to site” so please continue to responsibly enjoy nude or top free activities at Hawaii beaches which are customarily clothing optional.

Polo Beach Update – June 6, 2015


Since my last update, nothing has changed.  Naturists and nudists continue to enjoy Polo Beach. The overwhelming number of locals and visitors to this beach behave responsibly with aloha while enjoying nude sunbathing and swimming here.

Today, at approximately 3:30 PM, two uniformed Honolulu Police Department (HPD) officers visited the beach. They came in two cars, a marked HPD police cruiser and a private (subsidized) vehicle with the blue light on top. They entered the beach through the public access path, turned right and walked all the way to the end of the beach and back, exited via the public access path, and drove off.

As a precaution, most beach goers covered up with shorts, bikini tops and bottoms, or towels while the officers were there, although top free is 100 percent legal here for men and women. Most people want to avoid confrontations with the police, although the Hawaii State Supreme Court upheld the right to nonsexual nudity on this beach.

The police officers didn’t appear to be looking for anyone, and no one appeared to be  questioned or detained.  They walked all the way to the “gay” end of the beach, so it’s possible someone may have complained about alleged lewd acts taking place there.

This blogger has only seen uniformed HPD officers one other time on this beach and on that occasion, they were looking for a specific individual on charges unrelated to nudity, found and arrested him, and took him away.

Most beach goers here keep bikini bottoms or shorts handy and accessible in the event something like this happens.  There was plenty of warning as people who saw the police officers approaching put on their bottoms and even tops.  If you see many people putting on their bottoms at the same time, it’s probably because a police officer was sighted.

In more pleasant news, this blogger was swimming today at Polo Beach when unexpectedly an adult Hawaiian Monk Seal swam very close to me, surfaced briefly and raised his head out of the water as if to say “hello” and then swam away. Hawaiian Monk Seals are a very endangered species.  If you see one, please do not approach it and stay at least 3 feet away.  Read more about these fascinating creatures at the link below.


Hawaiian Green Sea Turtles are commonly seen in the waters at Polo Beach.  Likewise, if you see one, please don’t approach it and stay at least 3 feet away.


Have a great summer and enjoy social nudity and naturism!

Happy New Year!

Aloha and Happy New Year! Despite the objections and complaints from Siri Masterson and the North Shore Neighborhood Board last year, naturists continue to enjoy Polo Beach on Oahu, with the overwhelming majority being responsible, considerate, and showing aloha.

Over the past year, I’ve had the pleasure of meeting many new friends, both from Oahu and visiting from the mainland.

I’ve posted a few new links to my blog which I hope you’ll visit. First are links to the Naturist Society and Naturist Action Committee (NAC). I hope you’ll support these organizations (if you don’t already) which support the rights of responsible naturist use of public lands. I’ve also posted a link to the NAC Update from October 2000 on Polo Beach on Oahu.

Second, I’ve posted a link on “Free Beach Etiquette” which provide excellent guidelines for responsible use of unofficial clothing-optional beaches. The overwhelming majority of naturists I’ve encountered in Hawai`i are responsible and courteous. In order to preserve our rights to nude use of the few remaining beaches in Hawai`i that are traditionally clothing-optional, I suggest new visitors to our unofficial clothing-optional beaches review these guidelines to make everyone’s visits more enjoyable.

Enjoy a fantastic, nude 2014! Aloha and best wishes!

Polo Beach Update (August 2013)

After Siri Masterson’s complaints to the Honolulu news media and North Shore Neighborhood Board earlier this year, regulars at Polo Beach have reported visits by uniformed Honolulu Police Department (HPD) officers to the beach at least twice.  The two known visits took place on weekdays.

Apparently the HPD officers are talking to nudists they encounter and asking/advising them to be “respectful” of others.  Ironically, it seems that HPD is taking on the role of being “beach ambassadors”.

There have been no known citations or arrests made as a result of these visits.  These HPD visits are presumably in response to Masterson’s  complaints.  Why they choose to make them on weekdays when the beach is less crowded compared to weekends is unknown.

From my experience, most Polo Beach users show aloha and follow common naturist etiquette.  Although it can be intimidating to be visited and talked to by the police, as long as beach users refrain from public sex acts, avoid those that choose to stay clothed (and Masterson), and keep your eyes open for those visitors that might be offended by nudity, simply being nude and enjoying the sun and swimming at Polo Beach is not a crime.

Act Naturally Movie

Act Naturally Movie

This movie is now available on video on demand from iTunes, Amazon, Google Play, Playstation, and YouTube.  I purchased and downloaded it from iTunes, and thoroughly enjoyed the High Definition version.

Much of this award winning independent movie was shot on location at the Olive Dell Ranch in Colton, California.  The actors are believable in their roles, the cinematography is well done, and the plot, which is about two step-sisters who had never met each other inheriting their late father’s nudist resort, is entertaining.  Although it isn’t a documentary, it captures the essence of living and enjoying naturism at a private resort.

The soundtrack is provided by independent musicians.  The track “Waving My Arms” by Steven Rogowksi, which plays during the closing credits, is at the link below.


I highly recommend this movie!