Edward Donaghe: Texas Nudist Camp Owner Arrested

Edward Donaghe, owner and manager for the last twenty-one years of the Acorn Nudist Camp (affiliated with The Naturist Society) in Goliad, Texas was arrested and charged with possession of child pornography in October 1989. 
      Donaghe, a member of the Naturist Society since 1987 (up until the time of his arrest), aroused suspicion when he arrived with film for processing at Photo Magic on Lamar Street in Austin, Texas. When Donaghe asked the clerk,"Do you print photographs of naked children." The attendant, thinking he was only joking, replied "S-U-R-E we do." 
      The clerks said they were shocked by what they saw once the photos were developed. Out of sixty, fifty depicted children while the other ten were of an adult male holding a knife and a killed wild boar. 
      Attendants immediately called the police who waited for Donaghe to pick up the photographs. When questioned by police, Donaghe told them that he was a member, not the owner of Acorn and insisted to police that his photographs were just ordinary nudist photographs. 
      According to Michael Fabrizio, a naturist who spoke with Donaghe, attended his pretrial hearing and investigated his arrest, Donaghe admitted to him that he had taken some of the photographs himself. However, when Donaghe spoke to police he claimed that he had not taken the photographs but had been given the film by a man from Germany. Police discovered that Donaghe had also given a false name to the attendant when he left the photographs for developing. 
      One person who has seen the photographs described them this way. "Well, some were just outdoor photographs of preteen nudist kids. But there were others where a ten year old girl is coyly posing like you'd see adult women pose in Penthouse. She has a red umbrella and sunglasses and is laying back coyly with her head tilted back with her hair flowing. Her legs are spread wide open with the camera shooting up between her legs." Donaghe's attorney freely admits that the Donaghe photos were sexually explicit. 
      To help Donaghe out of this sticky situation, Robert Page, legal counsel to the ASA, has sent his lawyer the Oakes amicus brief as well as advising his attorney about other possible legal strategies to be used in Donaghe's behalf. 
      Page also offered to look at the photographs and give his opinion about whether they are likely to be considered obscene. NOPE believes Page has offered to evaluate the photographs too late and should have acted before he gave legal assistance to Donaghe. 
      According to Donaghe his lawyer will argue the case using the First Amendment rights as a nudist photographer and his rights to privacy. Donaghe claims his attorney has been stalling the Texas courts in hopes of a favorable ruling in an Ohio Supreme Court case. But, unfortunately for Donaghe the courts ruled very unfavorably for him and men like him. On 17 April 1990 the court ruled that mere possession of child pornography is illegal. This law is in effect now in 19 states. 
      Prosecutors say Austin is a liberal community and that they are not trying to make a case against nudists, but they believe Donaghe was exploiting the child and say they will continue to pursue the charges against him. The misdemeanor charge against Donaghe is currently being rewritten and will be refiled. Updates will follow as they occur in the ICONoclast .

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