Tipsheet

This City's Residents Will No Longer Have to See Naked People Having Sex in the Park After Judge's Ruling

Seattle residents may no longer have to watch people engaging in lewd sexual conduct in Denny Blaine Park for All after a judge ruled that it constituted a public nuisance that substantially interfered with neighboring homeowners’ use of their properties.

The court ordered the City of Seattle to do more to deal with the issue while still allowing clothing-optional use on the lower beach area.

The lawsuit stemmed from years of complaints by residents living next to the two-acre park on Lake Washington. The park has allowed topless sunbathing and occasional full-on nudity since the 1980s. It has also served as a bastion for Seattle’s LGBTQ community.

But things took a decidedly ugly turn starting in 2010 when residents complained about seeing graphic incidents of public masturbation, sexual intercourse, oral sex, bondage, and other lewd acts. Many of these behaviors were caught on video and security cameras. Neighbors said they couldn’t use their homes or yards and limited visits with guests because nobody wants to see some old fat dude frolicking about the park in his birthday suit.

The plaintiffs pointed out that property values had fallen by at least 10 percent and that the city failed to enforce its own parks code of conduct or respond to complaints.

The court ruled that “the prevalence of nudity and lewd conducts have substantially interfered with Plaintiff’s ability to use and enjoy their properties” and that the City’s inaction “created an environment that was inviting to the lewd park goers.”

It granted a permanent injunction against the lewd behavior but rejected plaintiff’s demands to shut down the park. The city will have to enact “a park specific user plan and code of conduct to address overcrowding, safety, and prohibited and acceptable behaviors.”

The city must also provide adequate staffing to monitor and report incidents and maintain park grounds to “prevent and discourage lewd behaviors.”

An organization called Friends of Denny Blaine released a statement celebrating the judge’s ruling since the court did not agree to close the park. “The park remains open to everyone. Nudity remains lawful and permitted on the lower beach, and toplessness remains permitted throughout the park, including the upper area,” the statement read.