"Nudity Illegal at Your Own Home or Business.." Not So, Jimbo...

This guy just doesn't have a clue...

"Nudity at [he named a specific local business], or even in your own back yard is illegal. We need to look at changing that." James Marquardt, Key West Lodging Assn. Candidates' Forum, Sept. 11, 2009.

You've got to be more adept than this if you want to be a City Commissioner.

He was probably talking about the city's public nudity law, completely unaware

that nudity at the establishment he named, and in your own backyard, is completely legal so long as there's a six-foot high fence.

If it's not "public nudity" - since its behind such a fence - then it's doesn't violate the "public nudity" law. Duhh!

Here's what Key West City Ordinance Chapter 42-9 states:

Sec. 42-9. Nudity; body painting.

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Nudity means the exposure of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering or the exposure of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.

Public place means any place where the conduct may reasonably be expected to be viewed by others. However, any private property enclosed by a fence or wall of a height of six feet or higher shall not be considered to be a public place.

(b) Prohibited conduct. No person shall sunbathe, bathe, wash, or swim in any bay, lake, pond, pool, bight, ocean, gulf, beach or public place within the city, being in a state of nudity or insufficiently clothed to prevent improper exposure of his person.

(c) Body painting. No person in a public place shall paint all or a portion of a human body that is in a state of nudity or partial nudity. Body painting establishments shall be screened from public view. During the week of Fantasy Fest (the preceding Monday through the Saturday of the parade), a person who has had his or her body painted shall not be considered nude, provided that such person not display genitalia or the pubic area in a public place. Body paint shall not be deemed to clothe or cover genitalia or the pubic area. This body painting exception to the nudity prohibition is applicable only to a person who is located within the boundaries of a "Fantasy Zone," the area designated by the city for the primary Fantasy Fest activities. For the purposes of this section, the meaning of "body painting" shall include "airbrushing."

Sec. 122-1532. Definitions
5) Adult business means a commercial enterprise that offers or provides for any form of consideration, physical contact between persons of the opposite sex or o f the same sex in the form of a massage or rubdown or washing or scrubbing, where one or more of the persons is in a state of nudity or is seminude; provided, however, that a massage therapist licensed by the State of Florida pursuant to chapter 480, Florida Statutes, or a person licensed by the State of Florida as a physician, nurse, physical therapist or athletic trainer are not deemed to be engaged in an adult business. An adult business shall also mean any other similar adult entertainment establishment not specifically described herein, including but not limited to: a business whose customers are or are invited to be in a state of nudity for sexually oriented purposes (but not for mere sunbathing), and a business that offers the use of adult booths.

State law references: Offense defined, F.S. § 775.08.

At the very least... do a little research before you go spouting off about the law.