S.F. Asks Federal Court to Dismiss Lawsuit Challenging Ban on Naked People

Kate Conger

Incidentally, their lawyer does wear clothes

City Attorney Dennis Herrera today filed a motion in federal court, hoping a judge would dismiss the nudists' lawsuit challenging the city's ban on most public nudity. The motion claims that courts have consistently upheld public nudity bans elsewhere and, thus, San Francisco should be no different.

See also:

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Here's How Nudists Would Dress if They Did Wear Clothes

According to the CA's motion:

Public nudity bans are a longstanding feature of municipal codes throughout the nation, and their constitutionality has been repeatedly affirmed by the courts -- including the U.S. Supreme Court. Ironically, the only novel legal theory plaintiffs put forward in this case is an equal protection claim that could actually undermine exceptions that allow nudity at permitted events like Bay to Breakers and the Folsom Street Fair. The nudism advocates seem to have taken the position that if they can't be naked everywhere, no one can be naked anywhere. Fortunately, the legal challenge is without a basis in the law, and we're confident the court will dismiss.

Nudists filed a lawsuit last month claiming that the city's newly passed ordinance violates their rights under the U.S. Constitution's First and Fourteenth Amendments, and is also preempted by California law.

Supervisor Scott Wiener, who represents the city's Castro neighborhood where many of the public nudists flock, spearheaded the ban on public nudity, claiming his clothed constituents were getting sick and tired of looking at naked people while they were trying to eat or shop in the Castro.His legislation does allow for nudity at permitted events where naked people are commonplace, including Bay to Breakers, Gay Pride, and Folsom Street Fair. Also, kids under the age of five will not be charged for being naked in public.

The new law -- which, by the way, says G-strings are okay -- goes into effect Feb. 1, 2013.

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