While standing ankle-deep in the Point
Dume surf an individual removed all of her clothes in the presence of other,
including local sheriff’s officers.
People v. Jacobs (1977)
Appellate Department. Superior Court, Los Angeles County (California)
72 Cal.App3d Supp. 46, 140 Cal.Rptr. 141 (1977)
Background-Some years ago, the state acquired a tract of coastal land
for development as Point Dune State Beach. Under terms of a special
agreement with County of Los Angeles, the latter recently assumed
operational control thereof.
Facts- While standing ankle-deep in the Point Dume surf an individual
removed all of her clothes in the presence of other, including local
sheriff’s officers. She was then arrested for violation a county ordinance
prohibiting nudity on public section of Pacific Ocean shoreline or beaches.
The woman was subsequently convicted in a Malibu court.
Issues-In view of the original deed of conveyance having specified
the western extremity of the tract as the mean high-tide line (i.e., a
location inland from the surf), did the alleged violation occur on property
under county—as opposed to state-control and, hence, give the county
jurisdiction? Is the Court of Appeal’s finding in Eckl v. Davis – that
similar local anti-nudity legislation did not wrongfully preempt state
regulation of sexual activity- inapposite to the case at bar because one of
the county supervisors stated, before voting for the ordinance in question
here, that permissiveness on the beaches leads to sexual mischief on nearby