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Sued by neighbor for being nude in his backyard... wins!

Nudity laws vary in every state and being on your property has little to do with it.

Editors Note: We contend that this article, published on our site in 2014, raises issues that are still pertinant today, so we offer it to our viewers in our "News" section.

MOKENA, IL — A man who triumphed in court after he was charged with walking around his yard naked has struck back at the neighbor he allegedly alarmed and disturbed with his nudity.

Richard Ermel filed his lawsuit against neighbor Nora Facko in Will County court. Ermel accused Facko of malicious prosecution, false imprisonment and intentional infliction of emotional distress.

The Mokena police arrested Ermel, 60, on a charge of disorderly conduct after he "walked around naked in the yard" of his Elm Avenue home in May, according to court papers. Facko, 59, allegedly saw Ermel and his state of undress was enough to "alarm and disturb" her, the papers said.

But in December, Will County Judge Cory Lund found Ermel innocent of the charge before his attorney even went through the trouble of putting on a defense. In his lawsuit, Ermel said Facko "acted maliciously and without probable cause," and that she knew the "allegations she made against (him) were false."
(Excerpted from an article by Joseph Hosey.)

In response to the question: "Can I be charged with indecent exposure if I stay on my own private property?" The Straight Dope.com responds: "Being on your property has little to do with it. The crime is usually called indecent exposure and relies on the idea of public nudity – public in the sense meaning only that you expose yourself where others might see you. Folks have been charged with indecent exposure for exhibiting themselves to unwilling observers inside a private residence, or for being naked inside a house when they could be seen through a window.

So in some places you could be convicted for being naked where others might have seen you even if nobody did. Other states explicitly require witnesses, and some require the witnesses to be of the opposite sex." For the entire article, click here.

The Wikianswer to "Is it legal to sunbathe nude on your own property?" is: I believe it is legal to sunbath on your own property as its your property and house. if you can't do something personal like sunbath naked in your own territory then i don't know what you can do.
However, (In the US) it is lawful only if the activity is carried on out of the view of neighbors and any passers-by.

Statelaws.com echoes that sentiment and adds laws for "nudist colonies" more commonly called "clothing optional resort:" In most jurisdictions, there are laws against public nudity. However, some jurisdictions allow certain types of nudity. For example, in areas where men are allowed to go topless, changes in some laws have also allowed women to go topless, based on the equal rights argument. In most jurisdictions, there are no laws against nudity on private property, unless those individuals can be easily seen from a public area, such as a street. Those that take part in nudity in their homes for example, may be required to stay away from windows that face the street or other homes. Nudist colonies are allowed in certain jurisdictions. For example, Florida and New Jersey have nudist colonies or places where nudity is freely allowed. In a nudist colony, individuals take part in their daily activities while taking part in nudity. However, some jurisdictions have laws which prohibit nudist colonies. Read more on this.

Editor's Note: Since 1992, it has been legal for women in New York state to bare their chest in public for non-commercial activity, just as it is for men. Nor is New York alone in this regard: several states have similar laws, and there is a demand for more to follow suit. Several states have official "Go Topless Days."

Dream Pleasure Tours – tasteful nudist and clothing optional resorts, tours and travel for adults only.

 

 

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