Florida’s new massage therapy law exempts nude resorts

New legislation targets nudity at massage therapy establishments, but has carve-outs for AANR-affiliated nudist clubs

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In April, Florida Governor Ron DeSantis signed HB197, a law that tightens regulation of massage therapy establishments, aiming to combat human trafficking and ensure professional standards. The legislation mandates increased operational transparency and precise documentation of services and personnel. Notably, it requires that all individuals on the premises must be clothed except for consenting massage recipients. Crucially for the nudist and naturist community, it includes an exemption for clubs chartered with the American Association for Nude Recreation (AANR) where massage may be offered as a service, legally recognizing the legitimacy of naturist activities and distinguishing them from exploitative commercial nudity.

Hard work pays off for AANR

The exemption was a result of lobbying work by AANR, according to the organization’s executive director Erich Schuttauf in an update written for the AANR-Florida monthly email newsletter in May. “The provision was made possible with the help of Ramon Maury of Maury Management in Tallahassee, AANR’s Government Affairs Team, and the AANR-Florida region. The bill received wide bipartisan support. In fact, it passed unanimously within both the House and Senate,” Schuttauf noted.

Working closely with legislators and providing detailed, nuanced explanations of the nature of nudist clubs, AANR and its affiliates have secured a legal recognition that underscores the legitimacy and respectability of their activities.

“Put succinctly,” Schuttauf further elaborated, “the legislature has demonstrated faith in AANR to regulate conduct within its clubs, and in so doing, shows that lawmakers understand the difference between wholesome nudity and adult entertainment, which can exploit and devalue people.”

By allowing for nudity at AANR establishments under controlled conditions, this provision represents a meaningful acknowledgment of the legitimate operation of naturist clubs under AANR’s umbrella. However, it’s worth noting that there are significant naturist activities within the state of Florida that do not fall under AANR’s umbrella which could be impacted by the new law.

Exceptions to the exemption

A significant example of this is Florida’s widely visited nude beaches. These beaches attract millions of visitors yearly and host events and festivals where massage therapy is sometimes offered as a concession to attendees. Groups and individuals organizing these events may now face potential legal challenges due to the specificity of the exemption.

Shirley Mason, the Executive Director of the B.E.A.C.H.E.S. Foundation Institute, which educates and advocates for naturism on public lands in North America and also retains a lobbyist in Florida (the state’s former Lt. Governor, Attorney Jeff Kottkamp). Mason told Planet Nude that their organization duly raised this concern while HB197 was being discussed amongst Florida’s naturist organizations. “I gave them the example of B.E.A.C.H.E.S. having its concession at Haulover, and we had licensed massage therapists as part of the concession. Since B.E.A.C.H.E.S. is not a membership organization and does not have any formal affiliation with AANR, this law will present a problem.”

Numerous naturist resorts, beaches, spas, and clubs in Florida operate independently of AANR. These places might not receive the same legal protections under this law, potentially subjecting them to stricter regulations that could hinder their operations or even threaten their existence. Could this have greater economic impacts for nudism in the state by hindering tourism or discouraging future entrepreneurs looking to operate in this space?

Analysis and conclusions

To be sure, the exemption within this law is a legislative win for AANR and its affiliated clubs, and also a noteworthy step towards broader societal recognition of the distinctions within different contexts of nudity. The commitment and hard work of everyone involved have been crucial in achieving this milestone, and those individuals should be commended for their efforts.

At the same time, at least by my analysis, this nuanced scenario raises broader questions about the sustainability and inclusivity of laws that tie legal exemptions to membership in a specific organization. What would happen if AANR were to dissolve or significantly alter its framework? Such dependency could inadvertently marginalize other naturist groups and activities, highlighting a potential for unintended consequences that may arise when laws overly favor specific entities.

This legislation, while a step forward in recognizing the validity of naturist pursuits, underscores the need for ongoing dialogue and adjustment to ensure that all forms of legitimate naturist activities can thrive without undue legal hurdles. The efforts of AANR and its partners have undoubtedly paved the way for this progress, yet the dialogue must continue to evolve, ensuring that the spirit of inclusivity and recognition extends beyond the confines of any single organization. When it comes to these sorts of legislative encroachments, exemptions for nudism must not come at the exclusionary expense of a broad segment of naturists.

Building on this momentum, it is imperative that we extend our support to both AANR and other nudist advocacy groups. The diversity and collaboration among organizations strengthen our cause, ensuring that nudism is safeguarded and respected well beyond the scope of any single group. Let’s harness the spirit of inclusivity that this legislation promotes and continue to unite in our efforts to advocate for all expressions of naturism. 🪐

Disclosure: The author voluntarily serves on the AANR Public Relations Committee as well as the Board of Governors for the B.E.A.C.H.E.S. Foundation Institute.