Rangers Crackdown on Nude Sunbathing in Carrington Tract – The Fire Island News

[Originally published in The Fire Island News print edition, August 2016]

Although there is a New York State law concerning public nudity, for years it was not enforced by the National Park Service. “Fire Island National Seashore, a unit of the National Park Service, and New York State share what is called concurrent jurisdiction. The National Park Service assimilates and enforces New York State Law on Federal Property,” says Chief Ranger John Stewart. Mr. Stewart was appointed Chief Ranger in December 2014, and has spent twenty years working with Fire Island National Seashore, giving him unique insight into the evolution of this project.

In 2013, under the direction of former Chief Ranger Lena Koschmann, Fire Island National Seashore banned nudity on Lighthouse beach citing a number of reasons both related to geographical changes after Sandy and tourism in the area. Mr. Stewart explains, “In 2013, Fire Island National Seashore, recognizing that its policies with regards to clothing optional practices were not in compliance with New York State Law, adopted an education and enforcement initiative to manage all of Fire Island National Seashore’s federal beaches consistent with other New York State beaches.”

The law that Fire Island National Seashore now follows is New York State Penal Code Section 245.01 which states that, “a person is guilty of exposure if he appears in a public place in such a manner that the private or intimate parts of his body are unclothed or exposed.” In 1992 in People v Santorelli, the Court of Appeals of New York ruled that women may be topless in public, so long as it’s not in a commercial context.

In a Huffington Post article Ms. Koschmann pointed to the leveling of the dunes in between Lighthouse beach and the typical tourism area of the Fire Island Lighthouse as one reason why the federal law needed to be enforced on Lighthouse beach especially. Mr. Stewart also highlighted the impact of the ranger’s resources on the enforcement of the policy. “We had to concentrate on the heavy areas first, the areas of most visitation. With a small staff, days off, and leave, we really had to concentrate our resources.”

Mr. Stewart stated that although originally the focus was predominantly on Lighthouse beach, the policy has been enforced island-wide since it was declared. “After National Seashore published its press release and updated our website it was time to educate and enforce the regulations fairly and consistently throughout the park,” he said. “In 2013 when rangers passed the Carrington tract they notified people.” He notes that few tickets have been given out for public nudity on federal land, but that in instances when people have not responded to warnings they have received tickets for not cooperating with the ranger.

Michael Fitzgerald, a thirty year resident of Cherry Grove, tells a different story. He contends that over the past four or five years the crackdown on nude sunbathing came suddenly and without warning. He asks, “How come all of a sudden this went down? There was no meeting about it…My understanding is that the federal government has no laws on the books about being naked or not being naked on federal property.”

Perhaps what is most interesting about the law is that it pushes nude sunbathers out of the federal land and onto the communities that border either side, the Pines and Cherry Grove. Nude sunbathing is legal in both the Pines and Cherry Grove, as they are private communities. However, if rangers are concerned about nude sunbathing in the proximity of families and children, then enforcing the ban in the Carrington tract has the opposite effect, according to Mr. Fitzgerald. With the land in between the communities unavailable for nude sunbathers, many have moved toward the edges of the Cherry Grove and Fire Island Pines territory instead, mingling with those at the beach who prefer to remain clothed. 

Fitzgerald also contends that the rangers have been less than courteous when they remind folks about the law. “Because I know what’s been going down, I don’t walk naked in that area because they come zooming up to you. In some instances, they are very forceful and yell at you. They’re not very nice,” he attests.

Considering the history of Cherry Grove and the Pines as places where LGBTQ folk can escape from persecution of the mainland, Fitzgerald sees this as an issue of personal freedom. Since these laws were not enforced for so long, it seems sudden to hold folks accountable these past couple of years, especially when, according to Fitzgerald, Cherry Grove residents pay for the upkeep of the Carrington Tract.

Fitzgerald also argues that for many folks, the possibility of nude sunbathing is why they chose to rent houses or live in the Pines or Cherry Grove. Day trippers as well may have chosen the location for this reason, and are unaware that times have changed. Changing the enforcement of the law after so many years infringes on the history of the location and may affect the number of people who visit Cherry Grove and Fire Island Pines.

Nude sunbathing along the beach of the Carrington tract is a conflict between history and the law. On one side, the park rangers are enforcing a New York State Penal Code that bans public nudity. On the other, communities made up of marginalized identities are suffering from an infringement on the freedoms they have historically held. It will be interesting to see how this change in enforcement continues to progress and how communities and residents respond to this ongoing shift.