Natural Beauty Pt. 05

Contents —

1. The Nude Law

2. Nude Law FAQ

3. A Brief History

LONG TITLE

An Act to regulate public female nudity and to define particular offences relating thereto that may be dealt with in a summary way.

SHORT TITLE

This Act may be cited as the Summary Offences (Female Nudity) Act.

COMMENCEMENT

This Act shall commence on a day to be fixed by the Governor by notice in the Palmira Government Gazette.

APPLICATION

This Act shall apply within the territorial jurisdiction of Palmira and shall be binding on all persons residing therein.

INTERPRETATION

For the purposes of this Act —

"Adult" shall mean a person who has attained the age of eighteen years.

"In public" shall mean any place which is open or accessible to or used by the general public, or any place so near a public place that a person may be seen from the place, notwithstanding that it may be private property, and shall include

(a) any building or enclosed space, other than a private dwelling inaccessible to the public,

(b) an outdoor workplace, marketplace, business premises, hotel, eatery, other commercial establishment,

(c) a cultural venue, place of performance, auditorium, meeting place,

(d) a thoroughfare, bridge, wharf, jetty, pontoon,

(e) a beach, park, garden, forest reserve, any other place of public recreation or resort,

(f) vacant land,

(g) a boat,

(h) a bus, taxi, other vehicle used by the public, and land associated therewith,

(i) any other public place within the meaning of the words "public place" used in common English;

but shall not include a place of worship, a hospital, other medical or mental health treatment facility or institution.

"Clothing" shall mean a covering of any kind designed and intended to be worn on a person's body, including lingerie and swimwear, but for the purposes of this Act shall not include

(a) footwear that does not extend above the knee,

(b) gloves that do not extend above the elbow,

(c) garters, armbands, bracelets and anklets,

(d) a hat or cap which sits only upon the head,

(e) a headscarf, headband or veil,

(f) a necklace, collar or choker,

(g) a bandage, other medical dressing or cast,

(h) spectacles and jewellery, including piercings

(i) a bag, pack or bundle carried on the back above the base of the spine.

"The police" shall mean an officer or agency of the Police Service of Palmira.

All other terms used herein shall be interpreted according to common English language usage.

A proceeding for an offence against this Act is, except where otherwise stated, a summary proceeding under the Justice Act.

Enacted by the Parliament of Palmira as follows —

1. FEMALE NUDITY

(a) It shall be an offence for an adult female to appear or allow herself to be seen in public wearing clothing or any article which may be construed to be clothing.

(b) It shall be an offence for an adult female to wilfully cover, conceal or hide any part of her torso with any article or object in public, or to wear her hair in such a manner as to do the same.

(c) The authority to administer this Act shall be vested in the Minister responsible for social policy (hereinafter "the Minister").

(d) The Parliament and the Minister shall have the power to grant exemption from enforcement of this Act to any female and to any place.

2. EXCEPTIONS

(a) It shall not be an offence for a female to wear such coverings as may be necessary to provide reasonable protection against any hazard to health and safety, provided that said coverings are worn only at the time when and the place where the hazard exists, and that prior permission has been granted, upon application, by the police.

(b) In the event of an emergency, a female may wear such protective coverings are necessary to ensure her health and safety without obtaining prior permission.

(c) The police shall have the power to grant an exemption for special circumstances, which shall be subject to review by a magistrate within three days of the granting of the exemption.

(d) It shall be an offence to misrepresent circumstances applicable in subsections 2 (a), 2 (b) and 2(c).

3. MISCELLANEOUS PROVISIONS

(a) It shall be an offence for a person to incite, encourage or induce an adult female to wear clothing.

(b) It shall not be an offence to represent females wearing clothing in photography, film and other media, except where such representation may conflict with subsection 3 (a).

(c) It shall be an offence for a female to act or present herself in public, or to depict a female in any media for public viewing, in an indecent, lewd or obscene manner.

(d) It shall be an offence under the Crimes Act to depict a female against her will, and any female under the age of eighteen years, in any manner including any media, that is indecent, lewd or obscene.

4. ENFORCEMENT

(a) The police shall have the power to order an adult female to remove clothing and to detain her if she wilfully and unlawfully refuses to do so.

(b) It shall be an offence under the Crimes Act for any person to interfere with a police officer in the performance of his or her duties under subsection 4 (a).

(c) It shall be an offence under the Crimes Act for any person to forcibly remove clothing from a female or to use a threat of violence for the same purpose.

(d) An exception to subsection 4 (c) shall apply to an adult female's husband, who may use a reasonable amount of coercion as defined in the Crimes Act.

5. PENALTIES

(a) The penalty for an offence described in subsections 1 (a) and 1 (b) of this Act shall be a fine not exceeding one thousand dollars, in default thereof thirty days' imprisonment; but in lieu of which the court may order the offender to perform community service for not less than thirty hours nor more than one hundred hours.

(b) The penalty for an offence described in subsections 2 (d) and 3 (a) of this Act shall be a fine not exceeding five thousand dollars, in default thereof a maximum of six months' imprisonment; but in lieu of which the court may order the offender to perform community service for not less than one hundred hours nor more than three hundred hours.

(c) The penalty for an offence described in subsection 3 (c) of this Act shall be a fine not exceeding ten thousand dollars, in default thereof a maximum of one year's imprisonment.

(d) The penalty for an offence described in subsections 3 (d), 4 (b) and 4 (c) of this Act is established in the Crimes Act.

6. PROCEDURAL PROVISIONS

(a) The Parliament shall make regulations in relation to this Act for the effective application and enforcement of its provisions.

(b) The Parliament shall at its discretion designate a zone outside the boundaries of the City of Régate, of no less than two square kilometres, to be a precinct where female nudity shall not be enforced.

(c) The Governor and the Parliament shall have the power to suspend the enforcement of any or all provisions of this Act in the interests of maintaining or restoring public order or providing for the safety and welfare of the general public and of individual persons.

7. SUPPLEMENTARY PROVISIONS

(a) For the purposes of this Act, a transsexual male and a transgender female are defined to be male; whereas a transsexual female and a transgender male are deemed to be female and shall not be exempted from enforcement of this Act.

(b) For the purposes herein, "transsexual male" shall mean a person who was born female and has undergone sex reassignment through surgery, "transsexual female" shall mean a person who was born male and has undergone sex reassignment through surgery, a "transgender male" shall mean a person who is biologically female but whose gender identity is male, and a "transgender female" shall mean a person who was born male but whose gender identity is female.

(c) The Minister responsible for social policy shall have the power to grant an exemption from enforcement of this Act to any transgender male upon application by a registered medical or mental health professional.

(d) It shall be an offence for a transgendered person to disguise or misrepresent his or her sex in order to evade the provisions of this or any other Act of Parliament.

(e) The penalty for an offence described in subsection 7 (d) of this Act shall be a fine not exceeding five thousand dollars, in default thereof a maximum of six months' imprisonment; but in lieu of which the court may order the offender to perform community service for not less than one hundred hours nor more than three hundred hours.

Department of Social Policy and Women's Affairs

Q.Is nudity compulsory for all females?

A.Except in the special enclave (see below), nudity is compulsory for all adult females, resident and visitor.

Q.Can I wear anything at all?

A.Outdoors footwear and headgear are acceptable. A few other accessories are permitted, provided they do not cover any part of your torso, your legs above your knees or your arms above your elbows. Nothing else is allowed without special permission (see below).

Q.Is there male nudity?

A.No; male nudity is prohibited. The nude law celebrates the natural beauty of the female body.

Q.When do I take off my clothes?

A.When you arrive at your disembarkation point, the air or sea terminal, you're expected to remove all your clothing immediately. You may not leave the premises unless you are completely naked.

Q.What happens if I wear clothes?

A.If you refuse to remove your clothes, you will be reported to the police. If you still don't comply, you will be arrested and ordered to strip. If you continue to refuse, you will be held in custody at the police station or under house arrest at your hotel until you are deported. No one will forcibly remove your clothing.

Q.What if I'm shy?

A.Keep in mind that nature gave you this wonderful female body. Be proud of it, celebrate it, show it off and enjoy the attention.

Q.Am I in danger of being harassed or molested?

A.Palmira has a strictly enforced hands-off policy. It is a criminal offence to grope, fondle or in any other way harass or interfere with you. While it is not illegal to take photographs or videos of you, these cannot be published without your permission. If anyone takes advantage of your nudity, do not hesitate to make a complaint to the police.

Q.What if I am not very attractive?

A.Both men and women love to see us naked. Beautiful bodies may receive the most attention, but don't worry, you will get your share. If the locals don't seem too interested in you, that is because they're used to seeing naked women. Your fellow visitors will more than make up for that!

Q.Am I allowed to cover up in cold weather?

A.Our island is a tropical paradise. Don't worry about the cold. However, the law does not make allowance for unusually cool temperatures. You will cope. Anyway, goosebumps are sexy. Enjoy it!

Q.Are there any special exemptions?

A.Only if nudity poses a threat to your physical safety or wellbeing. Application for exemptions can be made in person at any office of the Palmira Tourist Bureau, at any government agency or at any police station. Keep in mind that exceptions, as in times of emergency, are very rare. However, the law does not apply to girls under eighteen years of age and is not enforced for women over sixty.

Q.What about pregnant women?

A.There is nothing more natural and beautiful than a pregnant woman. Why cover it up, as if it were a shameful thing?

Q. Where is nudity not enforced?

A. In the privacy of your house or hotel room, you may wear clothing, if you really want to. The nude law is not enforced in places of worship, hospitals and other medical clinics. The town of Grandin, on the west coast, is a special enclave with its own by-laws, where nudity is optional. Here most of Palmira's families have their homes.

Q.Can I apply for an exemption before my trip to Palmira?

A.No; you may only apply in person after arrival. However, you can make enquiries before you leave home by contacting the Palmira Tourist Bureau.

Q.Do I shave my pubic hair?

A.You are not required to remove your pubic hair. We have a tradition, which is not always followed, that single women do while married women don't. Unshaven legs and armpits are seen as very unattractive.

Q.What about feminine hygiene products?

A.All products must be worn internally (such as tampons). Nothing must cover the external parts of your genitalia (for example, pads). If you need to apply for an exemption, see above.

Q.Is there anything else I need to know?

A.Anything that covers or conceals any part of your body, intentionally or otherwise, is legally defined as clothing and is therefore prohibited. If you have long hair, it must not cover your breasts. You must not carry or hold any object in a way that hides your nudity. Bed linen, towels and blankets must be used only for their specified purpose and not as de facto clothing.

Q. Is the nude law just a tourist gimmick?

A. There's no doubt that the nude law helps promote tourism; but keep in mind that Palmira is a natural holiday destination and does not need gimmicks any more than the many other Caribbean island resorts. More to the point, however, the nude law has existed in some form for at least 250 years, long before the tourist industry had any impact on the economy.

Q. Isn't the nude law sexist?

A. What most troubles critics of the nude law is that it allegedly discriminates against one sex with no reciprocal obligation on the other. This is a specious argument. Palmirene women have not only achieved equality but are now entrenched in positions of power and influence. Yet equal rights do not mean equal treatment, nor equal obligation.

"Striving for equality does not mean aspiring to sameness. Here we value equity — ensuring justice and fairness, allowing every person the appropriate opportunities to lead a full, healthy life. To achieve equity, we as a society must understand and acknowledge our differences; but when we've achieved equity we can celebrate those differences. So equal rights do not mean exactly the same treatment or obligations under the laws. And in this respect, here in Palmira men and women are definitely not equal. The beauty of the female body is esteemed above all else. As women, it is our right and our privilege to honour what nature has given us, by never hiding it away." (The Honourable Jennifer Hibbert, Chief Minister of Palmira)

The origin of the name "Palmira" (pal-MEER-a) is obscure. While it obviously refers to palm trees (most likely coconut palms), when and how it was first adopted remains a mystery. A recently discovered map shows the name already in use in the early 1600s, in the Spanish form, Palmeras. The name of the Palmirene capital and the bay it sits on — Régate and Regatta — appear to be derived from Latin or Spanish, recatare (fight, compete or recapture). Many other place names preserve the French heritage.

"Palmirene" (pal-MEER-een or PAL-mir-een — you choose) has a convoluted provenance. Originally the word was "Palmiran" or less often "Palmirian". In the early nineteenth century "Palmirene" came to be used for females, since "-ene" is the feminine of the suffix "-enos", which is of Greek derivation meaning origin or source. Why this form was adopted is unknown; but it seems to be connected to the philhellene fashion of that era. Somehow it then became the collective expression for men and women, and it thereupon evolved to be the standard word. Which is, I'm sure, more information than you wanted or needed to know.

In pre-Columbian times, Palmira was inhabited by a succession of peoples. Between 400 and 100 BCE, the island was occupied by stone age people from South America. They were followed by a second migration after CE (AD). These populations have left their legacy in coastal burial sites that have yielded pottery showing several different cultural styles. They introduced maize and cassava, and took part in an extensive cotton trading network. By 1000, the relatively peaceful Arawaks had settled, to be conquered in turn by the Caribs. These warlike people successfully resisted attempts at colonization by the Spanish and French until the mid-1600s. Decimated by war and disease, the Caribs have since then disappeared as a distinct ethnic group.

European settlement was slow and disorganized. In the late seventeenth and early eighteenth centuries, however, Palmira was a haven for Caribbean pirates in the tradition of such notorious buccaneer strongholds as Petit Goave and Tortuga. Many of its most unpleasant residents hailed from Jamaica's iniquitous Port Royal, either fugitives who had decamped following the crackdown on piracy by the English authorities after 1687, or refugees from the town's destruction by earthquake five years later. The island offered a good anchorage and fresh water supplies, and was ideally situated for attacks on shipping and settlements throughout the region.

Colonial rivalries at the time proved a bonanza for privateers and shielded this "unwholesome lair of thieves, cutthroats and whores" from retaliation. Nevertheless, by the year 1700 Caribbean piracy appeared to be on the wane. As the volume of bullion shipped back to Europe from the New World declined, so did the number of treasure ships upon which to prey. The maritime powers, in particular England and France, were reducing their dependence on privateers like Henry Morgan and Captain Kidd, who were regarded as at best unreliable and too often downright treacherous. Naval squadrons based permanently in the West Indies now patrolled the sea lanes, and freebooting was increasingly viewed as a plague to be eradicated, rather than a pest to be tolerated and occasionally exploited.

However, the Treaty of Utrecht in 1713 which brought an end to the War of the Spanish Succession unleashed upon the region thousands of unemployed seamen and soldiers, and many of these turned to piracy for their livelihood. This was to be a new golden age of buccaneering, when murderous rogues such as Blackbeard and Black Bart terrorized the seas. They became so emboldened as to attack towns and plantations on the shores of North America, in the Carolinas and as far north as Virginia. As well as material plunder, the pirates took hostages for ransom.

In 1715, a French-born adventurer, Christophe Peyrefitte, led a daring expedition from his base of operations on Palmira to pillage a number of major towns including Havana, and to raid the coasts of Florida and South Carolina. The boldness of his exploits made him, for a while, the most infamous of all the Caribbean swashbucklers, and the most hunted. In particular, the French government was stirred into action following assaults on its settlements in Hispaniola and on its Spanish allies in Cuba and Florida.

In 1720, Palmira was claimed by France and invaded. With their ships defeated and destroyed in a sea battle off Frigate Island, the pirate defenders withdrew to a fortified position overlooking the present day site of Régate. The French fleet bombarded their stronghold, and a mixed force of soldiers and turncoat pirates disembarked nearby. Lacking land-based artillery, the French commander invested the fort in a siege which dragged on for several weeks. All trees in the vicinity were chopped down to give the besiegers a clearer view of the enemy's defences, but this proved counterproductive, as it removed cover for a surprise attack. Eventually, in the finest tradition of pirate perfidy, the citadel was betrayed from within. In the final battle the attackers gave no quarter; but survivors who had abandoned the fort and fled into the hinterland were offered amnesty. They were permitted to remain on the island and quickly resumed their old ways, employed by the French as mercenaries in much the same manner that they and the English had once utilized the services of the privateers.