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Nudist Resort's 'Bare Beach Beer Bash': Potential Legal Issues

By Jenny Tsay, Esq. | Last updated on

While this post is safe for work, pictures from a Pennsylvania nudist resort's "Bare Beach Beer Bash" probably won't be.

The Sunny Rest Resort in the Pocono Mountains in Pennsylvania is hosting its third nudity-required beer festival in June. Besides guzzling beer with your beer gut out, festival attendees will get to participate in other events, like naked Jell-O and pudding wrestling, according to United Press International.

While running around naked in the mountains for a day sounds like a good time, attendees and organizers still need to abide by the law.

'Bare' in Mind: Pennsylvania's Nudity Laws

Under Pennsylvania's indecent exposure laws, it's a crime if a person exposes his or her genitals in a public place or in any place where other people are present and the person knows that the exposure will offend others.

Violation of the nudity laws is a misdemeanor in the second degree in the state. In Pennsylvania, a misdemeanor in the second degree in will get you a fine of $100 or up to 20 days in jail. However, the penalty can be elevated to a misdemeanor in the first degree if a person exposes himself or herself to someone who's under the age of 16.

Being convicted of a misdemeanor in the first degree could result in a fine between $1,500 and $10,000 and/or imprisonment up to five years.

According to its website, Sunny Rest Resort is a clothes-free, private resort that's open to people of all ages. The resort rules also state that visitors can be nude anywhere inside Sunny Rest's property.

Since Sunny Rest isn't a public place, there likely won't be any indecent exposure issues. Plus, children who are at the resort are most likely there with their families, so offending nudist-friendly families isn't likely.

However, there may be premises liability concerns for the Beer Bash event. First, the resort needs to make sure that only people 21 and over are allowed to consume alcohol at the event. Second, it needs to check for any dangerous conditions on the property or it could be liable for injuries.

Finally, like a gym, the resort may have its attendees sign a liability waiver before allowing them to enter. Although liability waivers can prevent visitors from suing the resort if they get injured there, a court isn't likely to enforce the waiver if it's overly broad or its terms are against public policy.

With these legal considerations in mind, let's hope this year's nude beer bash attendees won't forget to pack the sunscreen.

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