In Cádiz, a controversial city ordinance banning nudity on beaches could end up in the courts. The Council is proposing a fine of up to €800 for those who bare all.
So far, the nudists have won all the court battles because Spanish Law does not criminalise the practice of nudism in public places. The Ley de Costas (Coastal Law) of 1969, issued during the Franco era, devolved the responsibility for the monitoring of behaviour on the beaches to the local municipalities. However, this law was repealed in 1988 and, therefore, all subsequent attempts to punish nudity have failed in the courts.
The Council is not ruling out the setting up of a special nudist area near Cortadura at a future date.
The Federación Española de Naturistas (Spanish Naturist Federation) argues that the new ordinance is both illegal and unconstitutional because the Council cannot make up rules for ‘crimes’ abolished under the Penal Code. In addition, since the Coastal Act was repealed, it is not up to the Council to act as morality police.
The FEN also contends that the new ordinance does not specify whether ‘topless’ is considered nudity or whether unclothed babies would be considered ‘nudists’.
Paradoxically, if the new ordinance were to be enforced, the situation would arise whereby it would not be illegal to walk to the beach naked, but once arriving at the beach you could be fined.