View Full Version : Legalities of Hike Naked Day
Starchild
05-04-2017, 07:58
I would like to know the legalities of Hike Naked Day (specifically the hiking naked part, not the grass roots creation of a new holiday), traditionally the first day of summer. I know that it is legal in Vermont, as being naked in Vermont is legal (though disrobing in public is not - which makes a interesting chicken and egg situation on the trail).
What about other states? And what about the Federal AT sections such as GSMNP, SNP? And other interesting anomalies (perhaps private)? I am particularly interested in the closest legal section to NY, which may be VT to celebrate, but want to know the overall rules.
Someone made the claim since the AT is federal there is no such restriction on federal land - for the entire AT, I doubt that is the case as the AT is not all federal land.
BlackCloud
05-04-2017, 11:48
Out of curiosity I actually read the NPS's compendium of regulations (2011 version) which lays out all the rules and regs system wide. No mention was made of nakedness. But there are 2 points to consider:
Every NPS unit maintains a Superintendent's compendium w/ site-specific rules. That is why at some parks you must park your car completely off the roadway, and at others, your car may never leave the roadway.
The other point to know is the existence and application of the Assimilative Crimes Act, which basically states that where federal law is silent, the surrounding state law applies. In that way, although federal law is silent on the use of radar detectors, b/c VA law prohibits them, NPS rangers will ticket you for their use in Shenandoah NP.
I suggest calling the NPS's AT HQ for the correct answer....
4eyedbuzzard
05-04-2017, 12:12
I would like to know the legalities of Hike Naked Day (specifically the hiking naked part, not the grass roots creation of a new holiday), traditionally the first day of summer. I know that it is legal in Vermont, as being naked in Vermont is legal (though disrobing in public is not - which makes a interesting chicken and egg situation on the trail).
What about other states? And what about the Federal AT sections such as GSMNP, SNP? And other interesting anomalies (perhaps private)? I am particularly interested in the closest legal section to NY, which may be VT to celebrate, but want to know the overall rules.
Someone made the claim since the AT is federal there is no such restriction on federal land - for the entire AT, I doubt that is the case as the AT is not all federal land.
Out of curiosity I actually read the NPS's compendium of regulations (2011 version) which lays out all the rules and regs system wide. No mention was made of nakedness. But there are 2 points to consider:
Every NPS unit maintains a Superintendent's compendium w/ site-specific rules. That is why at some parks you must park your car completely off the roadway, and at others, your car may never leave the roadway.
The other point to know is the existence and application of the Assimilative Crimes Act, which basically states that where federal law is silent, the surrounding state law applies. In that way, although federal law is silent on the use of radar detectors, b/c VA law prohibits them, NPS rangers will ticket you for their use in Shenandoah NP.
I suggest calling the NPS's AT HQ for the correct answer....Adding to this:
On National Forest Lands, nudity is prohibited under 36CFR2§261.58 (j) Being publicly nude. So even in VT, if you're in the Green Mountain National Forest, you could be cited under federal law.
On National Park lands there is no specific prohibition of nudity. However, you could be cited under state or local laws as BlackCloud noted. You could also potentially be cited under federal law, 36CFR1§2.34 - Disorderly conduct
(a) A person commits disorderly conduct when, with intent to cause public alarm, nuisance, jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any of the following prohibited acts:....
(4) Creates or maintains a hazardous or physically offensive condition. [Obviously it's a judgment call and would very likely depend upon where, when, etc. But if a ranger, lets say, decided you were in violation due to the specific circumstances, and told you to cover up, and you disobeyed, you would open up a whole other can of worms by disobeying a lawful order.]
There are specific regulations in the WMNF.
Click on image to expand.
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Well, it seems I could at least air out on Hwy 302 I guess. :eek:
Adding to this:
On National Forest Lands, nudity is prohibited under 36CFR2§261.58 (j) Being publicly nude.
Read the section you cite here: https://www.law.cornell.edu/cfr/text/36/261.58
You'll note that the first line of that section is "When provided by an order, the following are prohibited:"
Also on that list are camping and a whole host of other things that people commonly and legally do in a National Forest. The key part is "when provided by an order." An order specifically defining the type of use of that area would be necessary in order for public nudity to be illegal in that area. rickb has posted a PDF of such an order for the White Mountain National Forest. The same or similar order would have to be issued for every National Forest in order to make a blanket statement that public nudity is illegal in National Forests.
And as I've pointed out before, public nudity is legal pretty much everywhere...what is argued over is the context. A strict interpretation of the order rickb has posted seems to indicate that people are expected to never bathe or use the restroom in the National Forest, which is of course ridiculous.
BuckeyeBill
05-04-2017, 14:50
It would take some digging but I remember a US supreme Court ruling that citing women for not wearing a top in public is discriminatory because males are not charge for committing the same act.
4eyedbuzzard
05-04-2017, 15:20
Read the section you cite here: https://www.law.cornell.edu/cfr/text/36/261.58
You'll note that the first line of that section is "When provided by an order, the following are prohibited:"
Also on that list are camping and a whole host of other things that people commonly and legally do in a National Forest. The key part is "when provided by an order." An order specifically defining the type of use of that area would be necessary in order for public nudity to be illegal in that area. rickb has posted a PDF of such an order for the White Mountain National Forest. The same or similar order would have to be issued for every National Forest in order to make a blanket statement that public nudity is illegal in National Forests.
And as I've pointed out before, public nudity is legal pretty much everywhere...what is argued over is the context. A strict interpretation of the order rickb has posted seems to indicate that people are expected to never bathe or use the restroom in the National Forest, which is of course ridiculous.You are correct. My bad. But there is a no nudity order that affects certain developed areas of GMNF.
https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd523582.pdf
Starchild
05-04-2017, 17:21
You are correct. My bad. But there is a no nudity order that affects certain developed areas of GMNF.
https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd523582.pdf
This seems to exclude backcountry trails, so it appears of the federal lands so far federally just the White Mountains have the prohibition. VT, may be good to go on all levels then.
It would take some digging but I remember a US supreme Court ruling that citing women for not wearing a top in public is discriminatory because males are not charge for committing the same act.
And hence---it's why every now and then, one will see a topless woman in Times Square....
trust me---I have...
[QUOTE=4eyedbuzzard;2147854]You are correct. My bad. But there is a no nudity order that affects certain developed areas of GMNF.
https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd523582.pdf[
Edit after reading more slowly:
So there is!
Why aren't you out hiking instead of beating a bare point to death?
Slo-go'en
05-04-2017, 21:09
Technically, if your still wearing shoes and socks, your not nude. Also note that the sign on many store entrance doors says "shirts and shoes are required", but it does not specify that pants are also required :-?.
devoidapop
05-04-2017, 21:27
Technically, if your still wearing shoes and socks, your not nude. Also note that the sign on many store entrance doors says "shirts and shoes are required", but it does not specify that pants are also required :-?.
You should definitely test this
You are correct. My bad. But there is a no nudity order that affects certain developed areas of GMNF.
https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd523582.pdfI'm sure if we dug around more we'd find quite a few more of these orders for various national forests...seems to me this is precisely the kind of information the OP was looking for.
Doing just a quick search I found a couple of more national forests with similar orders...do a google for 261.58 and the name of the national forest...some are blanket orders for the whole forest and others specifying certain areas.
TexasBob
05-05-2017, 13:38
As my Dad used to tell me "Just because there is no law against doing something that doesn't mean it is a good idea to do it." Naked hiking is probably one of those things.
Technically, if your still wearing shoes and socks, your not nude. Also note that the sign on many store entrance doors says "shirts and shoes are required", but it does not specify that pants are also required :-?.
True. But in my state they don't arrest you for "nudity" they arrest you for indecent exposure, which is showing your butt crack or your nads. Which is why Thongs are illegal on Myrtle Beach and Id rather gonto my Father's place in Florida. If you're arrested for Indecent Exposure in SC, you're subject to have to be on the sex offender registry.
BuckeyeBill
05-11-2017, 10:51
Here is a nice short article about NHND (https://www.verywell.com/caution-naked-hiking-day-june-21-3436274).
There's always something that they can charge you with if they want to (there's no official tally, but there are probably around 5,000 federal criminal laws and another 2-300,000 federal regulations plus any state laws that they could potentially apply.) Hiking naked probably isn't high on their enforcement list as long as you're not rubbing it in everyone's face by walking through high traffic areas but, as always, it comes down to whether or not any officers you encounter have the time/energy/motivation to make your life difficult. My guess is that they'll tell you to put some clothes on unless they've gotten a bunch of complaints or just having a bad day.
Patrickjd9
05-11-2017, 15:08
There's always something that they can charge you with if they want to (there's no official tally, but there are probably around 5,000 federal criminal laws and another 2-300,000 federal regulations plus any state laws that they could potentially apply.)
When I was a teenager in NYC, this was commonly accepted wisdom.
I have no issue with it myself and would like to see it legal. The big issue that you don't want to walk around a tree, come upon a family with young ones and have them issue a complaint. That's why they are issuing tickets on Mt. Washington for BA'ing the train. We live in a, seemingly, increasing puritanistic society and you don't want to be a 'first' in legal terms.