St. John U.S. Virgin Islands

From the Naturist Action Committee (NAC). A division of the Naturist Society.

DATE: January 17, 1998

STATE/TERRITORY: St. John, U.S. Virgin Islands

SUBJ: Anti-Nudity Enforcement at Solomon Beach

A National Park Service decision to enforce territorial laws against topless and nude sunbathing in the U.S. Virgin Islands has resulted in warnings to get dressed at St. John's popular clothing-optional Solomon Beach.

NAC has learned that Naturists at Solomon Beach are a specific target of new NPS law enforcement activities geared to curb indecent behavior, petty theft and unlicensed charter boats at the Virgin Islands National Park (VINP). A complaint to park rangers from a non-Naturist family who visited Solomon Beach during the recent Thanksgiving holiday appears to have been a factor in the agency's decision to use territorial laws defining obscene and indecent conduct as basis for ending nude and topfree swimming and sunbathing.

Residents and visitors need to be aware of two circumstances, according to NAC chair and executive director Bob Morton.

"We've been in contact with activists in the NAC network who are residents of the U.S. Virgin Islands or who have visited Solomon Beach recently", Morton said. "They report that the rangers appear to be content for the time being to issue a friendly warning ... no court appearance, no penalty ... if a nudist or topfree woman doesn't argue and agrees to put on clothes immediately".

Morton points out, however, that at least one conviction for indecent exposure has already occurred, and rangers on the beach are keeping a record of first warnings. Morton predicted that rangers are likely to issue a full citation if the same person is seen nude or, if female, topfree a second time.

"This isn't anything like a parking ticket", Morton warned. "Don't be tempted to toss a citation into the waste basket along with your tourist brochures as you pack to return home from your vacation. Park rangers are issuing these citations under federal authority, and you can expect to be tracked down anywhere in the United States if you do not respond by paying the fine or making an appearance before the U.S. Magistrate".

The citation of at least one man who skinny-dips regularly at Solomon Beach has already resulted in a misdemeanor conviction for indecent exposure.

The defendant was sentenced in early December to pay a fine of $100 for indecent exposure, $300 for disobeying a lawful order [to get dressed] and a $10 special assessment and was put on probation for one year.

"It is notable", says Morton, "that in arguments made before the U.S. Magistrate the dispute was over simple nudity, charged as indecent exposure".

No form of indecent, sexually lewd behavior on the part of the defendant was suggested by attorneys representing the National Park Service.

The defendant has already filed notice of his intent to appeal. NAC is reviewing arguments utilized by plaintiff and defense attorneys in the Solomon Beach case and at the request of the defendant, will make recommendations about an appeal strategy.

NAC has also requested a meeting at National Park Service headquarters in Washington, DC in the coming week to discuss enforcement activities at Solomon Beach. NAC has been told that the VINP superintendent is new and therefore may be unfamiliar with the long history of tolerance for discreet nude sunbathing and swimming within park boundaries in the Virgin Islands. Managing "for" nude recreation can minimize user conflicts throughout the national park and continue to provide sites for nude recreation for international visitors who expect such opportunities.

There is no federal law prohibiting nudity within National Parks. Neither does the most recent (July 1996) issue of the Code of Federal Regulations contain a special regulation to prohibit anti-nudity at VINP. It is stated in court papers related to the Solomon Beach case that citations are being handled in U.S. Magistrate court under an arrangement that allows Park Service rangers to enforce territorial laws -- in this instance, 14 VIC 1022, the Obscene and Indecent Conduct statute contained in the Virgin Islands Code.

From past experience NAC knows that NPS law enforcement actions against nudists under local law have occurred, despite lack of formalized arrangements for concurrent jurisdiction. NAC now automatically checks the status of NPS' relationship with local government and enforcement of its laws or ordinances.

A number of local guide books and publications refer to Solomon Beach as St. John's "unofficial nude beach". (N 15.2). Lee Baxandall's --World Guide to Nude Beaches and Resorts-- warns that "No nudity"-NPS signs are found throughout the two-thirds of St. Johns bounded within the Virgin Islands National Park. These signs have served park managers effectively in preventing aggressive nudity, but park rangers have been nonetheless tolerant. Until recently, rangers waved to discreet and deferential sunbathers who dressed, and who removed beach apparel once again when the rangers move on. Solomon Beach is described as "cautiously clothes-optional" in Baxandall's Guide.

Increased enforcement activities appear to be concentrated on the island of St. John, where the park occupies two-thirds of the island and features other less-known traditional clothing optional sites not specifically targeted by NPS for enforcement. Naturists elsewhere within the lands and territorial waters of the Virgin Islands National Park should also remain alert.

At St. Thomas Island the 15-acre portion of the Virgin Islands National Park has few clothing-optional sites where the tradition of nude recreation has been steadily maintained. Small craft charters for nude sunbathing and snorkeling are popular alternatives, but be aware that focus of increased NPS enforcement are charter boats without proper licensing. Before concluding charter arrangements, it's advisable to ask for proof of proper licensing to avoid ugly encounters with federal inspectors once underway. (see "Bareboating in the Virgins", N 15.1)

Within park boundaries are another 5,650 acres of water and smaller islands where isolated coves are popular destinations for ocean-going Naturists. It does not appear that enforcement plans to curb nude sunbathing are so aggressive that these sites will become risky during the time it might take for NAC to negotiate with park managers.

Contributions to assist NAC in its work are always needed and always appreciated. These can be mailed to NAC at PO Box 132, Oshkosh, WI 54902, or by credit card at (920) 426-5009.

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