Polo Beach Update – August 2016

Regular beach users are reporting that the manager of the nearby polo field is sending employees to ask nude beach goers to cover-up as well as complaining about beach nudity to the Honolulu Police Department (HPD).

This has resulted in recent HPD visits to the beach, and citations issued to nude beach goers who refused to cover-up.

Naturists and nudists continue to responsibly enjoy the beach; however, caution is advised.  Be on the lookout for suspicious people or police approaching and be prepared to cover-up bottoms as a precaution to avoid confrontations with HPD officers and possible citations.  Top-free for both genders should not be an issue at this city and county beach park.  Practice aloha and notify other beach users if you see anything suspicious.

Several beach users are contemplating legal action to challenge the harassment of nude beach goers and to protect the rights of naturist and nudist beach users consistent with Hawaii state law.  We believe the Hawaii representative of the Naturist Action Committee has been notified of these recent developments.

Reportedly another beach goer is preparing a website to be called “Save Polo Beach”.  We will post the URL when available and keep readers of this blog informed of further developments.

DISCLAIMER:  This blogger is not an attorney.  Nothing in this informational blog should be construed as legal advice.  Readers seeking definitive legal advice should consult an attorney and the Naturist Action Committee.  Individual beach goers are responsible for their own actions.

 

 

 

Hawaii News Now Story – Naturists want Mokuleia Beach designated as clothing optional

Mahalo to the Naturist Action Committee for supporting responsible clothing optional use of Polo Beach, Mokuleia, Oahu, Hawaii with aloha for all.

Read more here:  http://www.hawaiinewsnow.com/story/31383161/naturists-want-mokuleia-beach-designated-as-clothing-optional

Signs at Polo Beach – Then and Now

Regular beach goers and visitors to Polo Beach are greeted by a sign on the roadside of the public right of way path to the beach listing activities and things that are prohibited on the beach.

Up until recently, the sign at left below had been posted for years (this photo was taken in 2013), with “nudity” expressly prohibited.  Of course, this may have discouraged first-timers who don’t know about the long time customary, unofficial clothing optional usage of the beach here or the State of Hawaii versus Kalama ruling of the Hawaii Supreme Court which upheld the right to nonsexual nudity here (see http://www.naturisteducation.org/Toni_Egbert_Library/State_Supreme_Courts/HI_v_Kalama/hi_v_kalama.html).

Without any known public announcement of a policy change, a new sign at right below was posted as of November 2015.  Note that “nudity” no longer appears on the list of prohibited activities on the current sign posted as depicted in the image at right below!

 

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).

http://www.naturisteducation.org/Toni_Egbert_Library/State_Supreme_Courts/HI_v_Kalama/hi_v_kalama.html

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.

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.

Naturist/Nudist Rights at Polo Beach Under Attack

Siri Masterson, manager of the horseback riding business behind Polo Beach, recently made a presentation to the Oahu North Shore Neighborhood Board to complain about nudity and alleged sex acts which she observed there. 

Recent media coverage:

KITV:  http://www.kitv.com/news/hawaii/Should-there-be-nude-sunbathing-in-Mokuleia/-/8905354/19482142/-/7krruw/-/index.html

Hawaii News Now:  http://www.hawaiinewsnow.com/story/21803625/concerns-about-nudity-sex-acts-at-beach-in-mokuleia

The Hawaii Supreme Court precedent, State of Hawaii versus Kalama, established the right to nude sunbathing here (and presumably other locations):

http://www.naturisteducation.org/Toni_Egbert_Library/State_Supreme_Courts/HI_v_Kalama/hi_v_kalama.html