San Francisco Nudity Ban – The Saga Continues
Update on the San Francisco Nudity Ban
San Francisco Nudity Ban – As expected, a modest number of nudists re-filed a fed civil rights lawsuit this past Friday. These individuals are challenging the city of San Francisco’s recent ban on public nudity.
The naked activists state that the new law violates their right of freedom of speech. They go on to explain that law enforcement has allegedly imposed the ban against these people selectively. They claim that they have been targeted even when they get naked for political protest while other individuals who take part in different nude proceedings go unscathed.
The law passed by the Board of Supervisors late last year took effect on Feb 1, 2013. As of February new offenders may be fined up to $100.
A previous form of this legal action was dismissed on January 29 by U .S . District Judge Edward Chen of San Francisco. Judge Chen asserted that nudity in and of itself was not shielded by freedom of speech speech since it “is not inherently expressive.”
Nevertheless, Judge Chen stated that the activists may file an amended suit after the law took effect… If they believe that the law was enforced against them in a discriminatory manner.
The amended suit adds a 5th plaintiff, Russell “Trey” Allen, to the earlier 4 plaintiffs (Mitch Hightower, George Davis, Russell Mills as well as Oxane “Gypsy” Taub ). All of these individuals reside in San Francisco with the exception of Taub, living in Berkeley.
Friday was the deadline for submitting an amended suit. The new suit is brought against the city of San Francisco along with the Police Department as defendants.
The new law suit requests a judgment proclaiming that the newly enacted legislation / law is unconstitutional if carried out against the plaintiffs. They had also requested an interim restraining order and preceding injunction preventing enforcement of the law. No hearings have been set as of yet.
Matt Dorsey on behalf of the City Attorney Dennis Herrera stated: “We’re still in the process of reviewing this, and it would be premature for us to comment substantively.”
Dorsey claimed the city’s attorneys have until March 29 to register a response to the latest legal action or ask for its dismissal.
The legislation crafted by Supervisor Scott Wiener bans public nudity in San Francisco. It does however make exceptions for parades and fairs that have obtained the proper permits and in cases of young children under the age of five.
The legal action states that Davis, Taub and Allen were arrested by the police for nudity at a political rally (which was held in front of City Hall on February 1st). The intent of the rally was to speak up against the new law. The suit also alleges that Davis was arrested while participating in a nude dance show that was put together by the plaintiffs on February 27.
The suit also argues that none of the plaintiffs (or any of the other nude attendees for that matter) were arrested by the police during the February 17 motion picture filming. It also makes a point that no one was arrested during a March 9 nude bicycle ride put together by some other parties.
“Defendants have taken every opportunity to strike at plaintiffs at events they organize, while apparently being struck by a feeling of obliviousness when it comes to events organized by others who are not part of this lawsuit,” the amended legal action professes.
The outcome of the San Francisco nudity ban case is pending and we will do our best to keep you all updated!
Some additional articles about the San Francisco Nude Ban Published on Felicity’s Blog :
- San Francisco Nude – What really happened in the Castro?
- Wiener proposes Nudity Ban In San Francisco
This update about the San Francisco Nudity Ban was published by – Young Naturists And Young Nudists America YNA