Activists asking judge to block San Francisco's public nudity ban from taking effect

Paul Elias / The Associated Press
January 17, 2013

Natalie Mandeau, right, of France, holds up a sign during a demonstration against a nudity ban outside a federal building Thursday, Jan. 17, 2013 in San Francisco. Activists are asking a federal judge to block a city ordinance banning public nudity. The ban is scheduled to go into effect Feb. 1. The local law has become a divisive political issue in a town that prides itself on its inhibitions. The demonstration took place before a court hearing on the ordinance. (AP Photo/Eric Risberg)

SAN FRANCISCO - A federal judge is set to consider San Francisco's new law that bans public nudity.

Public nudity activists are requesting that U.S. District Judge Edward Chen on Thursday block the law from going into effect on Feb. 1 while he considers their lawsuit seeking to invalidate the ordinance.

The activists argue that ban violates their 1st Amendment freedom of speech because their nudity is a political statement.

They also argue the law violates equal protection rights because it exempts children younger than 5 and public nudity at certain events such as an annual street fair, the city's Gay Pride Parade and its Bay-to-Breakers foot race, which is noted for the wacky costumes — or lack thereof — of participants.

Attorneys representing the city counter that the ban is a matter of public health, safety and the "general welfare" of all residents.

The Board of Supervisors authorized the ban on a 6-5 vote last month after enduring several vocal and naked protests from nudists and their supporters. They argued that the citywide ban is unnecessary and would draw police officers' attention away from bigger problems while undermining San Francisco values like tolerance and appreciation for the offbeat.

Supervisor Scott Wiener, who represents San Francisco's largely gay Castro District, introduced the legislation after receiving constituent complaints about the naked men who gather in a small neighbourhood plaza most days and sometimes walk the streets naked.

The ban requires clothing below the waist of all appearing in public.

If the ban becomes law, a first offence carries a maximum penalty of a $100 fine, but prosecutors would have authority to charge a third violation as a misdemeanour punishable by up to a $500 fine and a year in jail.