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  Miscellaneous

Backyard Nudist Arrested
Enjoying Your Property While Naked

By Daniel Muniz


In my hometown of San Antonio Texas, Alex Garcia, age 40, was arrested by police for enjoying his backyard in the nude. Neighbors have often seen Garcia in his backyard without any clothes on. According to a local news broadcast, neighbor Mary Lou Hernandez said:

"Totally nude, nothing. (In his) birthday suit. Raising his legs raising his arms exposing every part of his body…"

Source: KENS 5 Eyewitness News

As a result of Garcia’s actions, many neighborhood residents were about to file a petition when the arrest happened.

The question is does a homeowner have a right to enjoy his own backyard in the buff?

Before going into any kind of pro or con about this incident, I have to tip my hat about my own personal beliefs.

As a conservative, I respect and cherish the value of privacy and personal freedom. Unless there is some detriment to society as a whole, then people ought to do what they want to do. And I am not a puritanical conservative either. I do not have a problem with nudity in art or as recreation.

The problem I have with it is when someone starts infringing on other people’s sensibilities and personal security.

In a residential neighborhood, homeowners share their viewing space with everybody else unless it can be enclosed. In essence, nobody would even care if Garcia were to walk around in his birthday suit inside his own house because no one would even know. That is not the same with a yard.

However, unlike a front yard, a backyard is a more reserved piece of property especially when there is a fence around it. Even so, it is apparent that the back half of Garcia’s property still occupies the viewing space of his neighbors because it is not shielded from their view and that is what created the problem.

Story Continues Below ê

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I am not opposed to people who want to use nudism as a form of recreation. In fact, responsible nudists go out of their way to enclose and separate their leisure activity from everybody else. And most importantly, the responsible ones abhor lewd behavior and anything else that offends people who do not share in that lifestyle. In other words, they highly value privacy and seclusion.

Alex Garcia does not fall into that category.

In fact, his actions are the very same ones that responsible nudists loathe.

Instead of enjoying his leisure activity in seclusion, Garcia is making a spectacle of himself and drawing unnecessary attention. He is no longer exercising personal freedom but exhibiting the actions of a pervert. And that is the behavior that is alarming and disturbing. Certain sexual predators get their kicks off of escalating people’s fears. As a result, Garcia is not enjoying nudism as recreation but using it as a tool to illicit uneasiness and apprehension.

Below is a comment from someone who read this news story:

So why the hell were they looking?

My boyfriend is a nudist. He does this as well. It is his property. He has an 8 ft privacy fence. If they are seeing him, it is because they are intentionally looking and they need to be arrested as peeping toms!

The first assertion is blatantly wrong. Even though a person may own a house, a residential property is still part of a community and that homeowner still has to adhere to community standards. That is why responsible nudists find secluded places to recreate in.

An eight foot privacy fence is a sensible and reasonable option but only if it can work. In the previous house I lived in, the neighborhood was a matchbox set of houses that looked alike. Almost all of them were close together and two stories high thus such a tall fence would be useless because of the views from the second story windows. My current house is in a hilly neighborhood in which you have a full view of about everybody else’s backyard.

A privacy fence or landscaping would work fairly well in a neighborhood on flat land of single story houses.

Below is another comment along the lines of what I probably agree with:

It's obvious it's not just one person who is making a stink about it. He's probably some crazy guy with a chain link fence who gets a kick out of watching his neighbors do this every time he is out in his backyard.

The most immediate concern for surrounding neighbors is whether or not Garcia is doing this for his own sexual gratification. If that is the case, then he is a dangerous person to have around especially if he is getting his kicks out of intimidating his neighbors. The concern now is whether or not he will escalate his actions to become a flasher outside of his property or become a predator.

Overall, I am glad that Alex Garcia was arrested and perhaps the local community will continue to apply pressure on him to change his behavior or at least encourage him to practice it somewhere out of their view. And somehow I also suspect that he is the type of nudist that his neighbors do not want to see naked.

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COMMENTS FROM READERS
I was trying to find out if it was OK or not but I guess it's not! I don't see why especially in my case. I am only home after midnight when kids should be inside and in bed asleep I love the feel of the cool air on my body, so what's the harm?
-Debbie

Author Responds:
I personally do not think it is a problem, especially if it is hidden from view. No one can ever report you if no one sees you so the issue solves itself. However, the real problem is the local community and rightly so because these people want to be seen by their neighbors. We live in an age of sex predators, harassers, and perverts so there is an obligation to protect a neighborhood.

I find your ideas well thought out and reasoned. However, I do find the idea that a thought crime - in this case, one of sexual predation, to be a crime is quite disturbing. I could easily take your idea of 'viewable' to be an open curtain. And, no, that argument is no less rational than you saying someone viewing, no matter what the viewee is doing, to be out of the ordinary. There are enough cases on the books where people have been vilified for what they think without any action. Do we need more? Are your thoughts that pure that they can stand up to scrutiny?
-Lane

Author Responds:
The article is based on action instead of thoughts. It is the action that creates the threat to personal security; not the thought itself. As for myself, I personally don't see a problem with this particular action if it is done out of view and out of sight. Is it really a problem if no one can see it? Unfortunately, there are a lot of perverts who, for whatever reason, want to be seen.

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  National Summary - Copyright 2007

Any opinions or views expressed herein belong solely to the author and does not represent any employer, organization, political party, governmental agency, or any other entity and do not necessarily reflect the views of the site owner or its participants.

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