Legal Nudism

In Manhattan last spring a New York City detective named Louis Barr found Vincent Burke, director of the Olympian League of Nudists, sitting at a desk in front of Topel's Swimming School. Mr. Burke had rented the establishment for a nudist assembly, in brazen violation, Detective Barr suspected, of State laws against lewdness, indecency and nuisances.

The detective showed Mr. Burke a letter inviting a "Dear Friend" to the Olympian League's annual Nudism Forward Campaign. "How much would it cost?" "One dollar for single men, or single or married couples," answered Mr. Burke. Detective Barr had a Miss Anna Brady, a policewoman in plain clothes, with him. Both entered for $1.

In the gymnasium Mr. Barr and Miss Brady saw, they later said, "some ten men without any clothing whatever playing handball, and others tossing a medicine ball. Four women entered the dressing room, removed their clothes, and appeared on the gymnasium floor in the nude."

Frank Maniscalco, physical instructor, called everyone for exercises. A naked old gentleman introduced himself to the disguised police and asked why they did not take off their clothes. Both pleaded bashfulness. "It's like taking your first plunge. Once you're in, there's nothing to it," explained Fred Topel, manager of the establishment. Mr. Barr and Miss Brady remained clothed. Someone gave the policewoman a chair so that she could watch 20 minutes of ordinary calisthenics. After that "both men and women went into the pool entirely unclothed and swam about."

Thereupon the two police officers disclosed their identity and arrested Director Burke, Manager Topel and Instructor Maniscalco for "indecent exposure, openly outraging public decency, maintaining a public nuisance and permitting a building to be used for a nuisance."

A Special Sessions court of three judges found the men guilty, although Chief Justice Frederic Kernochan, old friend and yachting companion of President Roosevelt, argued that exposure of the body might be willful without being lewd. Said Justice Kernochan: "I don't feel that the law at present, enacted a number of years ago, is sufficiently broad enough to render a conviction. It is possible, should the Legislature see fit, to stop this practice [of nudism] and I think it should."

Defendants Burke, Topel and Maniscalco appealed their conviction. Last week the Appellate Division of the Supreme Court declared: "In the light of the testimony adduced we believe that the conclusion reached by the dissenting justice of the Court of Special Sessions was based upon a solid foundation and the judgment entered should be reversed, the information dismissed and the fine remitted."

Crowed Nudist Burke:

"The court has declared nudism is legal in New York State and inasmuch as the laws in all the other States are patterned closely after the New York State law, this decision will undoubtedly serve as a model and precedent for the rest of the States." The nudist decision had immediate effect in Manhattan where seven chorus girls and two managers of a burlesque show were on trial charged with lewdly producing a Hawaiian dance number. As he freed the group, the magistrate declared: "By common acceptance a Hawaiian dance is not an indecent performance. The arresting officer testified that the dance did not arouse lecherous desires. Nudity, partial or complete, is not in itself lewd.''

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