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Is it possible to make a municipal beach ordinance that says something about Nudism and is not illegal?

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We analyze in depth in this article the various models of Nudism management. And we choose as the best model the one unanimously adopted in the City Council of La Vila Joisosa in its article 60 that reads as follows:

ARTICLE 60 OF THE MUNICIPAL ORDINANCE FOR THE USE OF THE BEACHES AND COVES OF LA VILA JOIOSA:
1) The municipal area has two beaches with a consolidated nudist tradition : El Racó del Conill and L’Esparrelló . The character of both beaches will be disclosed through the official channels of tourism promotion of the City Council and in the Information Offices, offering this leisure alternative to the interested visitor.
2) Understanding that all the beaches of the municipal area are susceptible to being frequented without any consideration regarding clothing prevailing , however, this specific feature of the Racó del Conill will be promotedand L’Esparrelló through the placement of signage units that adequately express their nudist identity and request citizen collaboration, recommending the use and enjoyment of these beaches in accordance with their tradition, in order to preserve it.
HTTP://WWW.VILLAJOYOSA.COM/NOTICIAS/VER_NOTICIA.PHP?ITEM=8191

The European Court of Human Rights , the Ombudsman , the autonomies that have been pronounced and legal experts ( Notebooks of Local Law ) are clear: all regulation of fundamental rights is reserved to Organic Law . Expressly excluded from simple ordinances (81.1 and 53.1 Constitution and 10.2 European Charter). The ECtHR has made it clear that human freedom of expression includes the human body. The Ombudsman affirms that there can be no doubt that Naturism or Nudism is an ideology, and its expression is social nudity.

So are all the ordinances that refer to the clothing of individuals on the beaches illegal? No, not necessarily. Anyone who prohibits or establishes fines is illegal. Any beach ordinance that deals with clothing, to be legal, must make it clear that all beaches can also be enjoyed without clothing. Once this aspect has been made clear, they can add that some or some specific beaches have a historical characteristic or nudist tradition. They can even encourage respect for this identity such as wealth, diversity of tourism offer or contribution of positive values ​​to citizens, etc.

Many councils approach us with the good intention of promoting some of their beaches for Naturism. Most of them are unaware of legality. They believe that if they do not specifically designate some or some beaches for Nudism, nudists who go to these traditional places can be fined. Based on this false belief, they propose an ordinance in which a beach is designated as a nudist and is prohibited in the rest. Most of these town halls (which we could qualify by simplifying as “pro-nudists”), rectify when it is explained to them that nudity is not prohibited in any public space, least of all on the beaches. We are not facing any legal gap that they can fill. Abolishing crimes is also legislating, the best way,

Racó del Conill

So don’t you need an ordinance?

In view of the ignorance not only on the part of society but even of some politicians, it is increasingly clear that it is positive and even necessary that Nudism is addressed in the beach ordinances, in order to protect it and promote some special enclaves. But it must be done in the only possible way, the legal one.

Is this realistic? Has any city council done it well?

Almost everyone is doing well. Some withdrawing all reference to Nudism or clothing in general of its ordinances. This is the case of: Tarifa , O Grove , San Bartolomé de Tirajana , Arteixo , Valencia, Alicante, Vilanova, Mataró, Granadilla, … and even inland cities such as Valladolid . This solution is not bad, but in view of the decline in freedoms that has been taking place lately in our country, it seems insufficient. We need a positive discrimination policythat protects the places of nudist tradition and promotes them in order to maintain their identity and nudist tradition. And this can be done from ordinances and through promotion at the tourist level, encouraging its preferential nudist use. It is evident that the invasion of these places by people with swimsuits damages the maintenance of the nudist tradition of these sites, which must and can be maintained and encouraged by the municipalities.

Continued…Read full original article…

Source: Spanish Naturism Federation

Original publication 16 July, 2020

Posted on NatCorn 9th August 2020

Reference to an article does not infer endorsement of any views expressed.

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