Nudity ban proposal stirs debate in Florida

The proposed Brevard County initiative threatens naturist culture and organizations

Apr 23, 2024

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A newly proposed initiative by Brevard County, Florida, led by County Commission Chair Jason Steele during a Brevard County Tourist Development Council meeting, aims to restrict nudity at public events that receive tourism grants. This initiative specifically targets LGBTQ+ cultural events under the premise of protecting children and families from potential harm. Notably, Steele has not cited any past incidents justifying the need for such a measure.

The proposal has stirred concern among naturist organizations and communities in Brevard County, particularly those at Playalinda Beach—located within the county—who fear significant repercussions. Naturism is integral to their identity and activities, and they rely on public venues to promote their clothes-free recreation and attract visitors. The restrictions could potentially dampen tourism and inhibit the growth of naturist-friendly destinations in the area.

Cultural grants and other tourism grants, funded by Brevard County’s 5% tourist development tax, have been awarded by the county for years but became controversial following political scrutiny. The administrative process for the proposal includes crafting specific language by the County attorney’s office and requiring final approval from the County Commission.

The battle at Playalinda Beach

Playalinda Beach, located in Central Florida within the Canaveral National Seashore, has historically been a haven for naturists despite the complexities of federal and local law enforcement. Situated approximately 230 miles north of Haulover Beach, another popular naturist destination, Playalinda offers a more secluded environment along the longest stretch of undeveloped Atlantic coastline in Florida.

In 1995, Brevard County passed a county-wide anti-nudity ordinance, targeting the nudity at Playalinda. However, due to the seashore’s federal status, enforcement of local ordinances at Playalinda has been inconsistent, offering a somewhat protected environment for naturists.

Marvin Frandsen, an experienced activist who has led several legal challenges to the Brevard County anti-nudity ordinance, shared his views on the potential impact of the proposed restrictions. “There are obvious First Amendment problems with restricting county funding to favor some content and viewpoints over others,” Frandsen told Planet Nude. “Florida does not seem to care much for the First Amendment or the right of parents to raise their children differently than other parents. Rather than thinking and learning, Florida often incorporates uninformed prejudices and ‘The Way Things Have Been’ into law. It is a long tradition in Florida at least since we outlawed gay marriage in the state constitution.”

Voters approved a constitutional amendment in 2008 that banned both same-sex marriage and civil unions, a law that remains on the books although it became unenforceable after the Supreme Court legalized gay marriage nationwide in 2015.

Broader impacts and cultural concerns

The impact of Commissioner Steele’s proposal could extend beyond Brevard County, affecting organizations like the B.E.A.C.H.E.S. Foundation Institute, which is actively fundraising and grant writing for a naturist museum/library project in Miami-Dade County. Affiliated with groups advocating for tourist-friendly nude beaches across Florida, the institute plays a vital role in educating and advocating for naturist rights and destinations.

“If [B.E.A.C.H.E.S.] were to have an exhibit or satellite office of the museum/library [in Brevard County],” Mason told Planet Nude, “and we were showing depictions of naturists, and we applied for grant money, they could easily say, ‘Oh, well that’s against our county ordinance. We can’t give you any money for that.’ Or if we wanted to have some kind of a festival on the beach up there…”

Jason Steele’s involvement in previous controversies, such as the recent denial of funding for Space Coast Pridefest, raises concerns about potential biases. Last year, Steele and other Brevard County commissioners redirected funds from the Pride event to address public safety needs, emphasizing the necessity of lifeguard services over cultural grants. This context adds to concerns about the proposed initiative's impact on cultural diversity and expression in the region.

Steele’s assertion that nudity at public events could harm children is a common claim, yet it lacks evidence of actual harm caused by the sight of nudity. On the contrary, numerous studies link social nudity to positive self-image in children. Naturists and organizations must proactively question such assertions and advocate for evidence-based policies that support naturist culture and its positive impacts.

“It’s past time for the naturist community to challenge the erroneous statements regarding harming children,” Shirley Mason says. “When will we ask this simple question, ‘What’s the evidence that viewing the unclothed human body harms children or adults?’ We have academic studies, books, videos from naturists here and abroad, and history to debunk the overused trope that says just the opposite.”

This proposal is part of a broader trend of restrictions that could erode nudist freedoms within the state. Although its direct impact is confined to Brevard County, combined with other minor infringements across Florida, it could lead to significant limitations on nudist rights.

As discussions on the proposal continue, constituents in Brevard County are urged to voice their opposition to Jason Steele and the County Commission. Protecting the rights and cultural expression of naturist communities is essential to preserving Florida’s diverse cultural landscape and promoting inclusivity in tourism.