Nudity, Questioning American Citizenship Status, a $300 Fine, Fire Island National Seashore, NY

8/24/2017
​Bracketed text { } updated on 11/05/17

Written by Mindy Block

Swimming in the quiet waters of the Great South Bay (pictured above), beyond the stronger Old Inlet current,  I gave him some privacy, hoping to take a swim as well. I was hot this August day. I sat down to journal, with pen and paper in hand.
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When I heard some commotion, I paused in my writing to looked around.  The man had finished his swim,  and was talking to someone. I noticed he was nude, and went back to writing, with one ear on the conversion.  He explained that he was just swimming and went to put on his clothes. I looked back again and did a double take. Where had that National Park Service Ranger come from? Not along the inlet like the rest of us. He had walked around the bay side.  Last year this wasn't possible.

Taking more of an interest, I stopped journaling. I didn't know you couldn't swim nude on Fire Island, I thought. Back in the day, in the eighties, everyone knew there was a gay/nude beach just west of the Smith Point Parking Lot. We used to make fun of all the ugly guys sunbathing and going for a swim. No big deal. Today, I was offended by this new regulation. There's plenty of beaches in Europe that are nude. Should  Quality Parks take this on? But I was there to journal on a personal day off. Later on, I investigated.

{ "Since February 4, 2013, Fire Island National Seashore, a unit of the National Park Service, shifted its management policies to be consistent with New York State law regarding nudity. Recognizing that some areas of Fire Island National Seashore have traditionally been used as clothing optional beaches, the Rangers adopted an education and outreach period before shifting to an enforcement approach. In the course of their patrols, Rangers may contact a visitor who they observe is not in compliance with the New York State nudity laws but at no time are they actively targeting nude sunbathers or swimmers [1]."  However, this policy excludes Fire Island communities [2}.  But protesting naturists point out that being nude is not being lewd, and that they have rights too [3}. }

Getting back  my journaling, I was again disturbed by their conversation.  The ranger asked the man if he was an American Citizen.  The man said no, but offered that he had a driver's license. Subsequently,  the ranger spoke on his portable radio,  then asked for the man's address.

​It appeared to me that they were validating the man's immigration status. I kept my mouth shut, thinking, "Please tell me what does nudity have to do questioning someone about being an American Citizen? After, all, we're on Long Island, and not anywhere near the Rio Grande. Are  Rangers now working with U.S. Immigration and Customs Enforcement (ICE)?  Or have they been doing this all along and I've been totally out of the loop?"​

{ Several weeks after I posted this article, Governor Cuomo signed the Executive Order which partially states that "no law enforcement officers shall inquire about an individual's immigration status unless . . . relevant to the illegal activity under investigation."  [4]. And in correspondence learned, "National Park Service Law Enforcement Rangers are sworn federal police officers who are graduates of the six month long advanced program at the Federal Law Enforcement Training Center and rigorous field training program. They are also structural and wild-land firefighters and EMTs. They work in close cooperation with other federal, state, and local agencies. With that being stated, not once in my 21 years working at Fire Island National Seashore have Rangers ever been engaged in contacting visitors at the park to determine citizenship. It is a law in most states, including New York, for people to be able to show valid identification. If no valid identification can be shown, Rangers will run the information given them through our dispatch center by radio. If the person's information does not come back on file it is a standard question to ask if the individual is a US citizen. This is just to determine what other identification they may have, such as a passport [Ibid 1]." }

There were two other nude beach goers at the Inlet today, and one complained that even removing your bathing suit while you're in the water can get you in trouble too, because someone may see you nude while swimming. (I'd better watch out for that one). The other nude beach goer said she received a $300 fine, and claimed that the Rangers regularly check the Inlet for nudity.

{Surprisingly, she got off easy. "Anyone found in violation of the law — a class B misdemeanor — could face a fine of $5,000 and six months in jail [5]." On a side note, in response to an irate citizen's Facebook comment claiming that Long Island beaches are for Suffolk County residents only because we pay our taxes,  I came upon the Suffolk County law: "The Commissioner may, in his discretion, require any person in or seeking admission to County park property to produce satisfactory proof of residence or ownership of property or otherwise as may be relevant and, without liability, may exclude anyone failing to submit such proof [6]."  }

References
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[1] - Personal Communication with National Park Service staff, Nov, 2017
[2] - FINS Policy on Nudity on Grove & Pines Beaches Clarified
[3] - Nudists fight National Park Service nude beach ban by getting naked ( 2014)
[4] - Sept 15, 2017 - NY Governor Executive Order
[5] - This Summer, Fire Island Isn't the Place to Bare All (2013)
[6] - Suffolk Park and Park Facilities - Rules and Regulations