News-Press from Fort Myers, Florida • Page 26

6B NEWS-PRESS, SUNDAY, MAY 28, 1995 OBITUARIES LOCAL Nude complaints decline on Sanibel GDEATInIS i i i i Information In the Deaths column Is printed free of charge. To place a listing call 335-0324. i tr lems, he said. "They haven't been offending families, which causes us the problem. They've been secluded," Plager said.

"Just nudity by Itself in a secluded place we don't want it, but we have to use some discretion. We have made arrests in the past." Shortly after New Year's Day, Lawrence Dunwody one of the Sanibel Trio was at Bowman's Beach and saw an officer on patrol. While he considered it Intrusive, the scenario turned out differently from events that led to charges against Dunwody and two others in 1 993. "Two little old ladies they must have been In their 60s were off by themselves over to the side," Dunwody recalled. "The policeman walked up to them and said, 'Ma'am, you'll have to put something One lady put her watch on.

He said, 'Ma'am, you'll have to put on something And they covered up." By PETER FRANCESCHINA News-Press staff writer Sanibel police haven't received any complaints recently about nude sunbathers on Bowman's Beach, a stretch of sand that's unofficially considered clothing-optional. "There haven't been any overt complaints," Police Chief Richard Plager said. Nude sunbathers haven't caused any prob NUDISTS: Criminal exposure must be lewd Lee County ASHTON, EMALINE MARIE, 84, of Fort Myers, died Friday. Arrangements by National Cremation Society. i BURKE, BILLIE DENNIS, 79, of Cape Coral, died Thursday.

Arrangements by National Cremation Society. HATLEY, HAROLD 80, of Sanibel, died Friday. Arrangements by National Cremation Society. MOSHER, DR. HERMAN 85, of Bonita Springs, died Wednesday.

Arrangements by National Cremation Society. SEAL, SHEILA, 70, of Lehigh Acres, died Friday. Visitation tonight. Cremation arrangements by the Farley Funeral Home of Lehigh Acres. Charlotte County HAMMOND, NEWTON Le-ROY, 77, of Punta Gorda, died Friday.

Kays-Ponger Royal Palm Funeral Home Crematory, Punta Gorda Chapel, is in charge of cremation arrangements. WORTELBOER, KENNETH PUBLIC NUDITY LAWS Florida and Lee County have laws governing public nudity. Here Is a summary: EXPOSURE OF SEXUAL ORGANS (state law): "Exhibit one's sexual organs in public or on the private premises of another in a vulgar or Indecent manner." IF FOUND GUILTY: A year in jail and $1,000 fine. BREACH OF THE PEACE (state law): "To corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet or engage In brawling or fighting." IF FOUND GUILTY: 60 days In jail and $500 fine. NUDITY IN COUNTY PARKS (county ordinance): "All persons shall be covered with a bathing suit.

No person shall dress or undress on any beach or in any vehicle, toilet or other place In any park area, except bathing houses or structures as may be provided and maintained by the park for that purpose." IF FOUND GUILTY: 60 days In Jail and $500 fine. NUDITY IN STATE PARKS (state law): "In every area of a park including bathing areas no individual shall expose the genitals, pubic area, buttocks or female breast below the top of the nipple." IF FOUND GUILTY: 60 days in jail and $500 fine. SOURCES: Florida statutes LeeCounty ordinances MATHS. FUNERALS Information In the Deaths and Funerals column is paid advertising. To place an obituary call 335-0324.

From Page 1B off the beach," said Dunwody, 43, a jeweler who was a founding member of the Sanibel Naturists in the early 1980s. "It's a harsh charge they use. It's a sex crime." It also doesn't apply to lying around nude on the beach. The Florida Supreme Court has ruled that the exposure must be lewd and lascivious, an Indecent exposure that means "wicked, lustful, unchaste, licentious or sensual design on the part of the perpetrator." All those adjectives mean that simply being naked isn't a crime under the law. That didn't stop the Sanibel police officer from Issuing the three citations on April 11, 1993.

And it didn't stop the prosecutor from proceeding on the charges. Dunwody said he faced the same charge in 1 982 and it kept him off the beach for a while. "It scared me off and I went ahead and pleaded guilty," he said. But then Dunwody thought about it and researched the law. "It bothered me all these years.

It really burned me up," he said. So when he was charged in 1993, Dunwody said he intended to stand on principle. "At some time, you stop and fight for this. The only rights you ha ve are the rights you fight for." Legal limbo The Sanibel Naturists were willing to help with legal fees, and they hired Cape Coral attorney Stuart Pepper to defend the Sanibel Trio. The first thing Pepper did was argue that the charges should be dismissed.

Lee County Judge Radford Stur-gis listened and said he would rule within 10 days. Three circuit judges who later weighed into the legal wrangling said the prosecution was "apparently not content to wait for that ruling." Before Sturgis could make a decision, prosecutors tried a different strategy. They reduced the charge to breach of peace, a second-degree lea 1 COUNTY PLAGER Secluded nudes Dunwody was fed up. No one had complained about nude sunbathers on the remote north end of Bowman's Beach that day In 1993. The police officer had walked up the beach almost two miles to reach the sunbathers.

Dunwody, who saw the officer coming, kept his swimsuit nearby. He said he reached for the swimsuit, raised up slightly in his chair and slipped it on. When the officer arrived, "he didn't see anything. But I didn't deny I was nude sunbathing," Dunwody said. "I wanted to go to trial with it," Dunwody said.

"Nobody complained and I'm charged with breach of peace. I'm convinced six people on a jury would not have found me guilty of breach of peace under those circumstances. I didn't offend anyone." After the February ruling, the cases were scheduled for trial April 25. Prosecutors went into court that day and announced they had decided not to take the trio to trial. For the Sanibel Trio, it was finally over.

The arrest and prosecution were typical of other cases around the state, Dunwody and Southall said. "Their objective was to try to wear us out and break us financially and get us to the point where we would pay the fines and the court costs," Dunwody said. "That has been the technique they've used all over the state." "Is this misplaced priorities or a moral agenda?" Southall said. Prosecutors follow the law when it comes to nude sunbathing, said Assistant State Attorney Amira Da-Jani Swett, misdemeanor cases supervisor for the state attorney's office. "When the facts meet the elements of the statute, we will proceed on a breach of the peace," said Swett, adding if there is a lewd and lascivious factor the charge could be indecent exposure.

"Every case will be reviewed on a case-by-case basis based on the facts." FORT E3ISL MYERS 14151 TAMIAMI TRAIL (ACROSS WOMT MYCR5 LINCOLN-MERCURY) QUCIOiUt 01 1IX Milt CYPRUS 14853234- m. a bt a m.m mtm (THUS till DL PANItU to. A C3 -SMNDASOT mi! II -M kl I -t II iS.i misdemeanor prohibiting acts that "corrupt the public morals or outrage the sense of public decency." "That's the charge all the cops in all the counties in Florida use to harass nude sunbathers," Pepper said. Then Sturgis dismissed the cases, which had the effect of throwing out the new charges as well. So the state attorney's office filed breach of peace charges again and the cases went to two county judges.

Those judges also dismissed the charges, saying the cases should have gone to Sturgis. Meanwhile, prosecutors asked Sturgis to clarify his order so that the breach of peace charges weren't thrown out with the indecent exposure charges. In Dunwody's case, Lee County Judge John Dommerich dismissed the case twice. Prosecutors appealed all three cases to a 78, of Port Charlotte, died Saturday. Funeral service Monday.

Arrangements by Charlotte Memorial Funeral Home Punta Gorda. Collier County CURRY, PATRICIA ANNE "LITTLE 36, of Naples, died Friday. Funeral services Wednesday. Arrangements by the Naples Funeral Home. GOUCHER, EDWIN LEE, 80, of Naples, died Friday.

Arrangements by The Johnson Chapel of the Johnson-Pittman Funeral Homes. JOYE, JAMES OSCAR, 86, of Naples, died Wednesday. Arrangements by the Beachwood Society. KISSEL, STELLA 84, of Naples, died Friday. Mass of Christian Burial on Monday.

Arrangements by Walter Shikany's Bonita Funeral Home. PROCTER, JOHN 80, of Naples, died Wednesday. Arrangements by the Beachwood Society. REESE, MARY 64, of Naples, died Friday. Services Tuesday.

Arrangements by Walter Shikany's Bonita Funeral Home. 1995. She was retired from Western Union. Survived by her sister, Jean Brooks (Nathan two nieces, Jennie Clarke (Curtis) and Sally Hale Jim); one grandniece, Christine Clarke; two grandnephews, Brian Clarke and Quenton Hale. Funeral services will be 10 a.m.

Tuesday at Stanfill Funeral Home In Miami, followed by interment In Miami Memorial Park. The family will receive friends 6-8 p.m. Monday at the funeral home. FREDERICK O.YERKES Frederick O. Yerkes, 89, of Fort Myers, died Thursday, May 25, 1995, at Fort Myers.

A native of Canandaigua, New York, Mr. Yerkes came to this area in 1979. He had been a self-employed farmer and heavy equipment operator, and a member of the United Methodist Church of Canandaigua. Survivors include his wife, Ruby Yerkes of Fort Myers; six sons: Glenn Yerkes of Stanley, N. Clyde Yerkes of Alva, Bruce Yerkes of Fort Myers, Roger Yerkes of Plant City, Gary Yerkes of Canandaigua, and Grelg Yerkes of Alva; his daughter, Shirley Fiisinger of Canandaigua; his sister, Sarah Kunesof East Bloomfield, his brother, John Yerkes of Canandaigua; and eleven grandchildren.

Funeral services will be 11:00 a.m. Tuesday In the Anderson Funeral Home with Rev. Gary Plnkley, pastor of the Olga Baptist Church, officiating. Burial will be In Lee Memorial Park. The family will receive friends Tuesday from 10:00 a.m.

until 11:00 a.m. service time at the Anderson Funeral Home, 3654 Palm Beach Blvd. Hendry County MARGARET LOU FUTCH Margaret Lou Futch, age 73, of La-Belle, died Thursday. She was born October 21, 1921, at Wood ville, Ga. She moved to LaBelle in 1981 from Hi-aleah.

She was retired from the Miami Local of the I.B.E.W. at Republic Steel. Survivors include her husband of 55 years, Joseph S. Futch and a daughter, Sandra Milks (Mrs. Ted), both of LaBelle; two grandchildren; and three great-grandchildren.

Funeral services will be Monday at 1 p.m. at the Akin-Davis Funeral Home Chapel In LaBelle, with Rev. C.W. Hamil officiating. Visitation will be one hour prior to the service in the Akin-Davis Funeral Home Chapel.

Cremation arrangements by Akin-Davis Funeral Home, LaBelle Chapel. INMEMORIAM IN REMEMBRANCE TO CECIL JOHNS JUNE1.19I9-JUNE7.1983 Worked for the city for 38 years, had Cecil Johns Road named after him in Fort Myers in 1985 by the mayor. Loving reunion held in Fort Myers May 28, 1995, at 7091 Eastwood Acres Road. Survived by son, Richard Johns; daughters, Vivian Johns and Faye Johns Whitehead; also, brothers, Donald Johns and Lawrence Johns; and sister, Voncille Spinelli. We all love you.

INMEMORIAM DOT JOHNSON AUGUST 17, 1944 MAY 28, 1994 In the middle of the night I miss you most. Your warm, gentle breath upon my skin. Your arms always welcomed me when I wanted to be held. You'd take my hand, when I wanted just a touch. Your foot nestled against mine, because you couldn't sleep without a touch, In the middle of the night I miss you most.

Gene HOUSE OF GOLF SALE! "Worth the drive" 489-1958. Messmer I ttMCtaMtandAv 823-2131 4S3-S312 431-2421 C3-1311 BOARD OF COUNTY COMMISSIONER'S AGENDA May 31, 1995 htv Lee County EMALINE ASHTON Emaline Ashton, 84, died May 26th. moved to Fort Myers from Rochester, N.Y., In 1977. She leaves two children, a son, John Kralles, and a daughter, Emaline Ra-mage; three grandchildren; and sever) great-grandchildren. BILLIE D.BURKE Billie D.

Burke, 79, of Cape Coral, died Thursday, May 25, 1995. He retired from U.S. Steel In 1972 and moved from Elyria, Ohio, where he served as president of Spring Valley iu country Club and was a Past Master of Charleston Masonic Lodge in Lorain, Ohio. Here in Cape Coral, he was a member of Palmetto Pines Country Club. He Is survived by his wife of 57 years, Alice; daughter and son-in-law, Allyn Kay and Joel Davis; grandchil-' dren, Jeremy, Lindsay, and Jenny Davis.

Contributions may be made to Hope Hospice. Memorial services will be field ata later date. LEED.CHILSONJV Lee "Troop" Chilson, IV passed away Wednesday, May 24, 1995. He was a graduate of Cape Coral High School. Survivors include his father, Lee the II; his step-mother, Dominica; brother, Cody; grandmother, Melissa; and aunt, Missy.

A memorial Mass will be held Tuesday, May 30th, at 10 a.m. In the chapel of St. Andrew Church, 2628 Del Prado Blvd. HAZEL M.COWETTE Hazel M. Cowette, 89, of Lehigh Acres, a resident for the past 33 years, formerly of New Hampshire.

She was a member of the Elks Emblem Club and the Knights of Colum-. bus Auxiliary, both of Fort Myers, and the Council of Catholic Women of Lehigh Acres. Her husband Lawrence preceded her in death. She is survived by her daughter and son-in-law, Luella and Arthur Landry; two sisters, Irene Muzerall and her husband Joseph, Marguerite Gallant and her husband Al ban. Mass of Christian Burial 1 p.m.

Tuesday, May 30, at St. Raphael's Catholic Church, with Father Walter Swietek officiating. Entombment will follow in Lee Memorial Park. Visitation will be Monday from 2 to 4 p.m., with a Rosary service at 3:30 p.m. at Lee Memorial Park Funeral Home, 12777 State Koad 82.

Memorial contributions may be sent to Hope Hospice, 8290 College Pkwy. Lee Memorial Park Funeral Home 334-4880 JOAN HUMPHREYS Joan Humphreys, 61, of North Fort Myers, died Thursday, May 25, at her residence. Born In New York City, she moved to North Fort Myers in 1978. Joan had been a volunteer at Cape Coral Hospital for almost four years. She was preceded in death by her husband, Richard E.

Humphreys, In August, 1993. She is survived by three sons and their wives, Thomas and Maryjean Humphreys of Cape Coral, Michael J. and Dianna Humphreys of Cape Coral, Richard E. arid Diane Humphreys of Richmond, and five grandchildren. Memorial services will be conducted Tuesday, May 30, 1995, at 1 p.m.

at the Lutheran Church of the Good Shepherd, at the corner of Orange Grove and Hancock Bridge with Pastor Martin Renner officiating. Friends who wish may make memorials to the Lee County Humane Society In her memory. 1 Arrangements by Harvey-Engel-tiardt't North Fort Myers Funeral Home, ir SHEILA SEAL Sheila Seal, 70, of Lehigh Acres, died Friday, May 26, 1995, under the care of Hope Hospice. Mrs. Seal was born February 2, 1925, In Felling, En- She retired to Lehigh Acres in 988 from Med way, Mass.

She Is survived by her husband, Ted of Lehigh Acres; two sons, Lester J. and wife Karen of Medway, Mass. and Philip D.E. and wife Cindy of Chesapeake, one daughter, Janice E. Crandall of Milford, one sister, Joan Wilkes of South Hampton, En- flland; and one granddaughter, Kait-yn Crandall of Milford, Mass.

The family will receive friends Sunday evening, May 28, 1995, at 7 p.m. at the Farley Funeral Home, 1100 Lee Lehigh Acres. The family requests that friends attend in casual attire. Cremation arrangements by the Farley Funeral Home of Lehigh Acres. ALIDENE B.

WINN Alldene B. Winn, 75, of Miami, formerly of Fort Myers, died May 27, PERSONS PLANNING TO ADDRESS THE BOARD OF COUNTY COMMISSIONERS ARE REQUESTED TO COMPLETE AND SUBMIT "A REQUEST TO COMMENT" CARD (SPEAKER'S CARD) TO THE CLERK AT THE MAIN PODIUM PRIOR TO THE CONVENING OF THE COMMISSION MEETING ALL BACK-UP DOCUMENTATION IS AVAILABLE FOR REVIEW IN THE LEE CARES OFFICE, ROOM 201, COURTHOUSE ADMINISTRATION BUILDING, 21 15 SECOND STREET panel of three circuit judges. The months rolled on with no resolution. The circuit Judges ruled in February, saying prosecutors acted improperly when they asked Sturgis to clarify his order. They said Sturgis no longer had jurisdiction in the cases.

But two of the three circuit judges Darryl Casanueva of Port Charlotte and Ted Brousseau of Naples also said the state could prosecute the breach of peace charges. The third circuit judge, Isaac Anderson of Fort Myers, disagreed and said prosecutors had engaged in "irregular conduct." But the ruling put the Sanibel Trio back at square one after bouncing around the courts for nearly two years. They still were charged with a crime and facing a trial. i i iw mm in 939-1 852 Cleveland Ave. ifflffl mmsm 9:30 Invocation: Reverend David Monreal-The Village Church Pledge of Allegiance Present a retirement resolution to Ronald E.

Flesvig, Transit Bus. Driver, Lee County Transit. Public Comment on the Consent and Administrative Agenda Consent Agenda Administrative Agenda Commissioners' Items and Committee Appointments 1 0:00 Appeals Agenda (No Requests Received) 12:00 Lunch PUBLIC HEARING 4:45 ACTION REQUESTED: Adopt a resolution to Vacate 94-44 for the vacation of Lots 58 59, Spanish Wells, unit One. (S03-T48S-R25E) (3) 4:50 Public Presentation of Matters by Citizens IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF COUNTY COMMISSIONERS, THE COMMUNITY REDEVELOPMENT AGENCY BOARD, THE LEE COUNTY LEASING CORPORATION OR THE LEE COUNTY PORT AUTHORITY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, HESHE WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.

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