Sometimes you don’t even need a much of a story. You just need to copy and paste the actual verbiage of penal code 7.67 subsection E
“Public nudity, including public nude bathing, by any person on Federal land or water within the boundaries of Cape Cod National Seashore is prohibited. Public nudity is a person’s intentional failure to cover with a fully opaque covering that person’s own genitals, pubic areas, rectal area, or female breast below a point immediately above the top of the areola when in a public place. Public place is any area of Federal land or water within the Seashore, except the enclosed portions of bathhouses, restrooms, public showers, or other public structures designed for similar purposes or private structures permitted within the Seashore, such as trailers or tents. This regulation shall not apply to a person under 10 years of age.”
For those of you 10 years of age and older, you have my deepest sympathies. But these rules don’t just magically appear out of thin air. Nor did it come about from the conservative prudes in Footloose. It was a response to parking congestion, trespassing, litter and environmental damage.
It was the 70s and hippy counter-culture was in full swing maaaan. And these free-spirits loved to go to a little secluded spot called Brush Hollow to go full monty. But secluded meant there were no trash cans, bathrooms and parking. And when the handful of exhibitionists turned into hundreds by 1973, plus the non-nudists who just wanted to spy from a distance and get a free show, things got ugly. As in, roads inundated with parked cars, people marching in from far off cutting through people’s private property, defecating and littering as they went, kind of ugly. Those who weren’t flaunting it on the beach, spied from the sand dunes, which heavily degraded the plant life trying to grow there. Remember, this was before abundantly accessible online porn.
Needless to say, nearby residents were understandably losing their minds. They pushed for banning nudity along the seashore and it wasn’t long before the issue made it into national headlines. Which, ironically, only made Brush Hollow and other adjacent locations even more popular, adding fuel to the fire. Alas, in 1975, the law you read above went into effect.
But the skinny dippers would not go quietly into the night. The Massachusetts Civil Liberties Union and 12 local plaintiffs filed a lawsuit claiming that, “the ban denied personal liberties and freedoms of expression and association.” One plantiff remarked that banning the nudity was unnecessary, and that better facilities and parking control would solve all the problems. The example given, if black people were congregating at a beach you wouldn’t ban black people, you’d just improve the facilities.
The counter-argument was that Cape Cod National Sea Shore is not intended to be a heavily developed and heavily used shoreline, but instead preserved in a protected natural state as much as possible. Which is essentially the develop vs. preserve paradox that has haunted the Park Service for ages. Instead of taking on the much more complicated and expensive task of trying to improve roads, add parking, build restrooms, provide trashcans and then budget maintenance to take care of all these things all while trying to be as minimally intrusive to the sea shore as possible… the much easier path was to simply ban public nudity. And furthermore, that references to black people aren’t fair, not only because it is comparing a racial demographic to an extra-curricular activity, but also because black people on a beach isn’t a crowd drawing spectacle. In other words, you can still access the beach and take part in a multitude of recreational activities, but if any of those recreational activities degrade the environment and violate existing laws, the activity will be banned.
Think of it this way, if Burning Man was moved to Death Valley National Park and led to the deterioration of plant habitat, litter and traffic congestion, would you expect the NPS to develop in Death Valley to facilitate the large party? Or just ban the party?
So, the court case lost. Additional protests and petitions followed in the years to come but none would succeed. And to this day, Cape Cod National Seashore is only one of three federal park units with an official anti-nudity policy. Sharing the honor with Gateway NRA and Kaloko-Honokohau NHP. However, this doesn’t mean you can cruise around other National Parks units nude. Each individual park can enforce state and county laws at its discretion. In addition, National Park rangers could always claim your nudity falls under “Disorderly Conduct.” So, a ranger has many justifications at his or her disposal to make you put your clothes back on.
If you’d like a poster, check out: https://www.redbubble.com/i/poster/Cover-Your-Genitals-Cape-Cod-National-Seashore-Poster-by-mp2262/54249731.LVTDI