State v. Vogt
New Jersey Supreme Court
775 A.2d 551 (2001)
- Written by Liz Nakamura, JD
Facts
Higbee Beach was a relatively isolated, state-owned New Jersey (plaintiff) beach and wildlife preserve popular with both tourists and locals. Historically, Higbee Beach had been a destination for nudists. However, after New Jersey acquired the beach, it promulgated regulations to protect wildlife and manage the conduct of beach visitors, including a ban on public nudity and public indecency. Arlene Vogt (defendant) was caught by police sunbathing topless at Higbee Beach. Vogt was subsequently convicted of violating the public-nudity statute. Vogt appealed her conviction, arguing that the public-nudity ordinance violated the public-trust doctrine because of Higbee Beach’s historical provenance as a nudist beach. The appellate court affirmed the conviction, holding that Vogt’s public-trust right-of-access to Higbee Beach did not prevent the state from imposing restrictions on that right-of-access. Vogt appealed to the New Jersey Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Wells, J.)
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