Nudist beach Delftse Hout
De Togacolumn: uit de NRC

Unexpected human nudity and other people's freedom

How relativistic can human nudity be? While we're stooping include news of violent IS attacks, video footage of gruesome beheadings, refugee problem, executions in Saudi Arabia and the crisis in Ukraine, the recreation area makes the 'Delftse' Wood' is gearing up for a new judicial ruling on a problem of a local nature. An issue on the periphery of punishable behaviour. Still, it keeps the mood strong busy, also elsewhere than in Delft. What is going on here? A group of people who recreated naked in the spring of 2013 has on the former nudist beach in the Delftse Hout is there fined for. Since then – and now up to the Supreme Court and back again - there is a dispute about the admissibility of recreational nude in the Delftse Hout. By law, nude recreation in a public place that is not suitable for it is punishable. This rule aims to protect the public order, because of the unrest and offense that could arise by 'sudden confrontation' with human nudity. The question if this is the case in the Delftse Hout, still hangs in the sky.

The recreational lake de Delftse Hout is connected by one beach surrounded by sunbathing areas. The nudist beach went seamless [1] into the “dressed beach” and is not bordered by trees or shrubs. It is an open space on the water. From that water [2] is used by, among others, a surf club. There are [3] camping and playgrounds, a deer park and a petting zoo. The area is frequented by a wide audience: [4] families with small children, walkers, cyclists, horse riders, skaters, water sports enthusiasts, dog owners and sunbathers. And therefore also by nudists. Dressed and undressed public used the same facilities, including toilets [5] and a kiosk [6]. Because it's naked at the caused unrest to passers-by, this place was local drivers not [7] deemed more suitable for undressed recreation.

The assessment of whether a place is suitable or unsuitable for unclothed recreation is left to the criminal court and depending on the facts and (local) circumstances, such as the nature, location and size of the sites. It's about aspects as the recognisability of the terrain and to improve the view from the public road. It is clear that if the event takes place in a busy shopping street, or similar places, such as post offices, public transport stations and the like, the there is no doubt that there has been a violation. But not when it comes to a red-ribboned train station that forms the setting for the film set of a new episode of the series 'Murder Woman', in which a naked extra positioned as a stripped corpse. A organized nude bike ride in public nature reserve, such as de Veluwe, for example, can go too far, because a unsuspecting hiker 'suddenly' with a multitude of cycling naked could be confronted. For the sake of it more difficult: the concept of 'suitable place' is moreover not only depends on the local conditions, but can evolve over time. It may even depend on the time of day. It also depends on the prevailing social views.

The nude recreationists of the Delftse Hout were judged in two instances acquitted. The acquittal of the Court was based on the consideration that only in those cases where a public traffic place obviously not for undressed recreation is appropriate, there may be a violation. Obviously not suitable in the view of the Court in this connection that "objectively judgmental and reasonable thinking people" about that unsuitability in a specific case in reasonableness cannot disagree.” The Public Prosecution Service lodged an appeal in cassation and submitted the case to the Supreme Court.

Last month, the Supreme Court ruled that the Court of Appeal was too strict with the law has explained by imposing the requirement of evidence and that the matter must be over. It's not about black and white situations, but about many shades of gray.It just depends on how you look at it: some are for 'freedom joy', others take it well just offend and do not want to be confronted with other people's freedoms. On the small piece of greenery of the Delftse Wood we see different lifestyles, (religious) beliefs and (moral) views clash. in al its simplicity unexpectedly puts this issue at the heart of broader global problems.

Below the comments of this site:

[1] At the side of the busy dressed beach the nudist beach is reasonably shielded by the toilet block, trees and bushes. 

[2] There is a swimming area in front of the nudist beach of approximately 40 meters, separated from the other water. The water in front of the nudist beach can therefore not be used by surfers.

[3] There is only one campsite and only one playground in the Delftse Hout. However, these are not up to De Big Puddle. Also the deer park mentioned here and the petting zoo are located at a considerable distance from De Grote Plas.

[5] From a letter from the Municipality of Delft turns out:
"The nudist beach is located near the parking lot number 4 on the Tweemolentjeskade and has its own toilet facility. Parking spaces 1 to 3 are at the height of the rest of the beach and here too are separate toilet facilities available. It is therefore certainly not the case that the holidaymakers and visitors to the nudist beach mixed up having to walk."



Incidentally, the toilet used to be in the middle of the nudist beach. Due to budget cuts, the toilet building is closed during the modernization demolished and is a new one on the border of the nudist beach toilet installed so that it could be shared. The toilet is dressed by most visitors to the nudist beach visited.

On the recreational beaches in the Delftse Hout there are only two toilets available. Given the claimed visitor numbers (6000 up to 10000, on hot days) is this much too little. from a Wob request shows that the Municipality of Delft does not have data relating to have on the visitor numbers in the Delftse Hout. It Wob request does contain an overview of toilet use in the Delft Wood:

	2012	2013	2014	2015
miva	8976	9714	8966	9723
urinal	2431	2545	2448	2835
nude beach	2835	3152	3297	3603

[6] From the kiosk (only on busy days in open in July and August) about 200 meters from the nudist beach, is restricted by visitors to the nudist beach made use of. The kiosk is only clothed visited. This also applies to the mobile snack truck that sometimes stands on the textile beach.