STATE OF CALIFORNIA--THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor

DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO 94296-0001
Seal

(916) 445-2358

JUN 14, 1988

Cec Cinder
Western Sunbathing Association Inc.
P.O. Box 328
Moreno Valley, CA  92337

Dear Cec Cinder:

In People vs. Eric John Bost, Placer County Superior (Appellate) No. 75689,
the court held that the public receives fair notice that clothing-optional
activities like "skinny dipping" are permitted only at recognized locations
within the state parks, unless a request for cessation of such activities is
made by an enforcement officer upon public complaint.  Upon such warning, the
activity must stop for the day.  By prohibiting the activity for the balance
of the day, it is likely that the skinny dipper and complaining party will not
encounter one another again thus serving the purpose of the "Cahill policy"
in a rational, easily understandable way.

This construction also fairly advises law enforcement and prosecutors of how
the law is to be enforced.  So long as the activity takes place in a
traditionally recognized area it is legal unless and until a complaint from a
member of the public is received.  Upon such complaint a warning is to be
issued and, if not heeded, a violation (of Title 14, California Code of
Regulations Section 4322) has occurred.  Further activities of a person so
warned are prohibited for the balance of the day, but activities on later days
are proscribed only if preceded by a new public complaint and renewed warning.

This Department concurs in the holding of the court and will not seek
appellate review of this court's judgment.

A copy of the opinion is enclosed for your use.

Sincerely,
Signed
Jack V.  Harrison
Deputy Director for Operations

G-7729X

Enclosure

cc: All Regional Directors
    Mr. Bruce Kranz, District Superintendent
    Folsom Lake District