Naturist Action Committee v. Department of Parks & Recreation

This appeal raises the question of whether an internal policy memorandum issued by defendant Department of Parks and Recreation (department) rises to the level of a regulation and thus cannot be revoked without satisfying the procedural requirements of the Administrative Procedure Act (APA; Gov. Code, § 11340 et seq.; all further statutory references are to this code unless otherwise stated). We conclude the memorandum is a regulation that has not satisfied the requirements of the APA and thus is not enforceable. The appeal of department and defendant Ruth Coleman, as director of department, from the writ of mandate issued in favor of plaintiffs Naturist Action Committee, Friends of San Onofre Beach, R. Allen Baylis, and Gerda Hayes is well taken. We reverse the order issuing a writ of mandate and remand to the superior court to enter a new order denying the petition.

FACTS AND PROCEDURAL HISTORY

California Code of Regulations, title 14, section 4322 prohibits nudity in California state parks, stating in 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 [department.” This…