RE:A modest legal proposal

By mensasnem:

Of course, I would go with most of Oregon, Vermont, and (all of?) Kansas -- where nudity is not illegal.

Ah, but for those of us who don't have such privelidges... ;-)

Failing that, instead of habitable building, a location not within sight more than x number of people per day averaged over the previous 7 days. That's probably too complicated and would be difficult to prove exactly how many people were within sight of your location -- but the point is, if it's a low traffic area, then your good.

As you say, complications make things, err, complicated. I'm thinking about what's the best definition that would work in a statute for those of us that feel anywhere, anytime would beat bridge too far for the wider community. Definitions in terms of minimum distances from certain types of structures sounds reasonably clear to me.

But in Kansas, nudity is not socially acceptable. If you're merely nude, someone is very likely to report you. The most likely outcome is that the police will leave you alone, But with a social climate strongly opposed to nudity, it's not a good place to be nude.

That's likely to be the case in many places, I guess, and would be less likely to change overnight, but having a legal base that's more permissive than the status quo is a step in the right direction. At least the police could focus on more beneficial priorities!

In general, the Law should reflect the expectations of those affected by the Law, but perhaps the Law can better reflect the expectations. The practical counterpoint to that is how often laws are changed solely due to the dedicated efforts of a small group of people. The change of the nudity laws in Britian come to mind.

This post was edited
RE:A modest legal proposal

By milwaukeew:

In America, and I know you are in Australia but hope the law is similar, everyone has a premise of privacy in their own home. If there is a bathroom with curtains over a window, and from an odd angle, someone could look in and does so, that person would be voyeur, or what we used to call a peeping Tom. Others have a legal responsibility not to invade someone's private personal space.In public spaces, including front yards and large windows facing the street without curtains, one would not have a presumption of privacy. As such, once one is in a non-private place, anyone is able to photograph, video record, or see in. If someone is naked, making obscene gestures, etc. in such a place, the public may take offense and if so, there could be efforts to have the public behavior curtailed.If there is a privacy fence all around the property, that would be presumed to be a private place. Others would have a responsibility not to violate the privacy.If someone bought a house with a backyard pool and patio surrounded by a 6 foot fence, and pre-existing two story houses, one may not have a presumption of privacy. If someone else puts up a two story house after the 6 foot fence was in existence, the one who has the backyard pool could insist on the owner of the two story house mitigating the risk of invasion of privacy.If someone has a large plot of land such as a farm, fencing around the farm would establish the private nature of the farm. If someone then puts up signs which state premises are private and trespassing is prohibited whereever entrances may be such as opening and closing gates, and the area where one is happens to be far enough away from the fence to be presumed private, then others would not legally allowed to look.Under those circumstances, activities including but not limited to naked sun bathing, naked swimming, naked badminton, consenting adults having sex, etc. would be considered to be taking place in a private place. Others would be required to respect the privacy and not peer in.However, one also must live with ones neighbors. Your profile also says you are married with children. If you become a pariah in your neighborhood, it could be hell for your wife and children. I would try and balance your wanting to be naked with living in a neighborhood with good neighborly relationships.Therefore, if one creates a space that is clearly private, one can do whatever one wants as long as it is legal in that space. However, competing personal goals may warrant discreet caution.

Of course, it's not only the legal aspect, but also the social. I'm sure most of us realise discretion is advisable in many places!

The way our (Victorian) law is stated, it's not illegal for me to walk nude down one side of our house even though the neighbour's kitchen window overlooks the fence, as there's no visibility from a public place, but out of respect for my neighbour, I don't do that. If I open the bedroom curtains in the morning, I trust the tinted windows to be sufficient in case of a casual glance, although the street is generally quiet, anyway. I could quickly move if someone is walking past if needed.

I can happily live with those restrictions in a residential setting (although the trees along my other fence are developing slower than expected!), but am looking for a law that would allow greater freedoms in open areas without the concern of legal repercussions.

This post was edited
RE:A modest legal proposal

By Sunluver101:

Privacy in your own home??? Tell that to City Code Enforcement with their binoculars looking for err umm code violations lol!

I think we've been safe from that in the last couple of years! They've been more concerned with anti-government sentiment in social media posts! If they're watching me here, I'm yet to get any feedback regarding it. ;-)

This post was edited
RE:A modest legal proposal

By mensasnem:

Those are recent changes to the definitions of those words. Language either changes or dies. The complaint only comes when those changes are based on lack of knowledge or the inability to learn.

I'll add changes for political reasons to that. There's been a handful of such examples in recent times, unfortunately, both here and elsewhere.

This post was edited
RE:A modest legal proposal

Mensasnem said:
California's social climate towards nudity is somewhat better, but, for the most part, not a great place to be nude.

True statement and it varies as to what part of the state. We have essentially different cultural areas in the state such as Southern Ca (which some might break up more into LA, and Inland Empire, etc.), Central Coast, Central Valley, SF Bay Area, North Coast, and Northern CA. They are quite different in many ways from weather to politics. Id say the North Coast would most likely be the most accepting as much of it is considered by many as where the hippies went when the 60s and 70s were over.

This post was edited
RE:A modest legal proposal

.Nudeyooper said:
According to Merriam Webster DictionaryA virgin is a person who has not yet had sexual intercourse.A celibate is a person who is not engaging in sexual intercourse.Both male and female persons as well as animals can be virgins and celibates could have lost their virginity and then turned to a life without sexual intercourse. A celibate too can be either male or female.

mensasnem said:
Those are recent changes to the definitions of those words. Language either changes or dies. The complaint only comes when those changes are based on lack of knowledge or the inability to learn.

The dictionary definitions quoted are how Ive understood the meanings as long as Ive known what the words were in my 58 years, So the changes arent recent.

This post was edited
RE:A modest legal proposal

I think my understanding of what private means matches yours.As I understand the privacy expectations of the law, in this case, private means where only you and who you allow to see and who consents to seeing are true. Therefore, a neighbors kitchen window could be more similar to a public place.As long as someone must be on your property to see you, then it's still private. If someone who in not on your property can see you, then it's not private.

This post was edited
RE:A modest legal proposal

You are correct.I therefore think focusing on the law will not provide much benefit. Promoting mutual respect and tolerance could be very helpful. It may not get all you want, but it could still be the best option.I'm very thankful that I live on a one-lane dead-end gravel road out in the country with three heavily-wooded acres. The Girl Scouts do not come visit -- neither do the Boy Scouts. No Trick-or-treaters. All of my neighbors (what few I have) know I'm a nudest.

This post was edited
RE:A modest legal proposal

If the City is using binoculars to spy into your windows in New York State, the City is in violation of State Law: https://codes.findlaw.com/ny/penal-law/pen-sect-250-40.html.

Try Upstate and as we all know government officials are 'above the law' and can do whatever they want. If in doubt try dealing with government officials in court and see how far it gets. I know some who have tried this only to have lawyers lie and selectively present evidence to 'win' their case. Also being in violation of the law is one thing but applying penalties to the offender is another. The average Joe or Jane does not have a chance with so the so called justice system.

This post was edited
RE:A modest legal proposal

By Sunluver101:Privacy in your own home??? Tell that to City Code Enforcement with their binoculars looking for err umm code violations lol!I think we've been safe from that in the last couple of years! They've been more concerned with anti-government sentiment in social media posts! If they're watching me here, I'm yet to get any feedback regarding it. ;-)

'WE' are watching you and we do not like what we see! lol...lol

This post was edited