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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.
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.
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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