Judge keeps Seattle nude beach open, orders crackdown on ‘lewd’ conduct

Seattle must do more to prevent “lewd” behavior at Denny Blaine Park on Lake Washington, a judge wrote Wednesday.

Behavior in and around the park, long known as a nude beach and safe harbor for the LGBTQ+ community, met the definition of a “public nuisance,” King County Superior Court judge Samuel Chung said, agreeing with neighbors who sued the city for allegedly failing to prevent inappropriate activity.

Chung, however, declined to close the park, as the neighbors had asked, saying he did not believe doing so would lead to a lasting solution.

As a result, though Chung largely validated the neighbors' arguments, City Attorney Erika Evans declared the ruling a great win" that guarantees the park's continued clothing-optional use.

In his decision, which comes after a trial between residents and the city last month, Chung concluded residents have “shown that their comfort, repose, health and safety are injured and rendered insecure” by the park as it’s currently being used.

The fight over Denny Blaine Park, a tiny “pocket” park tucked in among lakefront mansions, has become a microcosm of larger fights over public safety, wealth, influence and who has a right to do what where.

The park’s history as a place where people, particularly those in the LGBTQ+ community, could shed their clothing dates back to the 1980s. Particularly among transgender people, it’s seen as a safe place for people to be comfortable in their own bodies.

Seattle has protected that right, repeatedly arguing that it should continue to be a place were people can show skin. Nudity is allowed under state law, so long as it is not “obscene” or causing “affront or alarm.”

But in more recent years, neighbors have argued that nude beachgoers have indeed done that. They’ve complained of seeing frequent public sex and masturbation and pushed the city to crack down.

At one point, one influential neighbor, Stuart Sloan, personally messaged former Mayor Bruce Harrell, offering to build a playground at the park — which would have likely precluded future nudity. The plan was shelved following public backlash.

Supporters of the park’s current use and lawyers for Seattle argued that the nudity there should be protected and that any illegal activity can and should be dealt with without fundamentally infringing on the park’s significance.

Seattle Councilmember Joy Hollingsworth, whose district includes the beach, tried to broker a deal between park advocates and neighbors, but the talks sputtered and the nearby residents sued.

Chung’s decision is not altogether different from one he rendered almost exactly a year ago, when he ordered Seattle to come up with an “abatement” plan for the park as the lawsuit moved forward.

Seattle, in response, put up a barrier between the lower part of the park, where nudity is allowed, and the upper part of the park. It also directed more enforcement there.

Reports of illegal activity declined after the actions, Seattle witnesses said.

Even still, the case proceeded and eventually went to trial last month. Chung disagreed that the steps taken by Seattle had substantially changed the situation and concluded that behavior there constituted a “public nuisance.”

“The prevalence of nudity and lewd conducts have substantially interfered with Plaintiff's ability to use and enjoy their properties,” he wrote.

He ordered the city to create a “park specific” plan “to address overcrowding, safety, and prohibited and acceptable behaviors.”

He also said the city should direct more staff to the park, maintain the vegetation there and put in “buffers” between the park and neighbors.

Chung declined to close the park, saying “while providing short-term success, such closure of the Park would not bring about long-term change.”

In a statement, a group calling itself Friends of Denny Blaine, which has advocated for keeping nudity protected at the beach, said it disagreed with some of the judge's conclusions about the conditions at the park, saying they predated the more recent steps taken by the city.

But although he sided with the neighbors, the group celebrated that the park remains open to nudity, which the group's representatives said has been their goal all along.

"Friends of Denny Blaine has always maintained that Denny Blaine works best when everyone — park users and neighbors alike — feels safe and respected," the group said. "We will do everything we can to support the City in this work, just as we have to date through our community guidelines, volunteer stewardship, and ongoing outreach, and we remain committed to being good neighbors and to a park that is welcoming and inclusive of all."

Denny Blaine Park for All, meanwhile, also declared victory, noting that the judge found "residents’ experience with nudity and lewd conduct has been much more extensive, repeated, and harmful," compared to park visitors.

In a statement, the neighborhood group said: "The Denny Blaine community will be laser-focused on holding the City accountable and ensuring it follows the Court’s orders.

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