Kus

FACTS

Appellants were cited for illegal nudity on the San Onofre State Beach by an officer of the

Department of Parks and Recreation as follows: on April 16, 2011, Appellant Nilo Lins was cited

for lying on the beach without clothing, and on May 30, 2011, Appellants Lisa Kus and John

Squicciarini were cited for removing their clothing while playing volleyball. Appellant Lins

admitted to being nude and asked why the rangers were issuing citations if they were just going to

be dismissed like his last citation had been dismissed. Both Appellants Kus and Squicciarini

reportedly apologized for their nudity and asked for warnings rather than citations from the Department of Parks and Recreation officers.

-2- California Code of Regulations, title 14, section 4322 prohibits nudity in California state

parks, and provides in pertinent part: “No person shall appear nude while in any unit [of the State

Parks System] except in authorized areas set aside for that purpose by the [d]epartment.” The

violation is punishable as a misdemeanor by Public Resources Code section 5008, subdivision (d).

All appellants were cited and released, and have been consistently represented by retained…