City Attorney Dismisses Attempt To Overturn Nudity Ban

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Photo courtesy of SF Gate.

SAN FRANCISCO— San Francisco’s city attorney Dennis Herrera is advocating for dismissal of a lawsuit attempting to annul the nudity ban just passed. The Board of Supervisors, altering the current San Francisco’s Police Code, which prohibits public display of body parts, approved the ban. The public places where nudity will not be allowed includes: transit vehicles/stations, sidewalks, streets, most right-of-way spots.

There was a lawsuit filed last November 14, by four naturism activist: Oxane “Gypsy” Taub, who operate the website “mynakedtruth.tv” and claims to also produce a television show on campaigning in support of nudism; Mitch Hightower, who has “nude-in” events at Castro and Market Streets intersection with the intention of “peace and fellowship among nudists;” George Davis (“Naked Yoga Guy”), former candidate for San Francisco’s Mayor position back in 2007; and Russell Mills, operator of the website “naked-truth.net.” Their intent was to obtain a provisional restraining order on the nudity ordinance approved three weeks after on December 4. United States District Court Judge Edward Chen did not hear the proposal, he decided to consider it as a petition for a preliminary injunction once ban was approved instead.
Herrera mentioned how various towns have adopted bans pertaining to the public display of people’s bodies, and federal courts have supported the constitutionality. In response to Herrera’s statement, the plaintiff’s attorney stated how laws from other U.S. towns would not be adopted in San Francisco.

This case is: Mitch Hightower et al. vs. City and County of San Francisco et al., United States District Court, Northern District of California, Case No. C-12-5841 EMC, filed November 14, 2012.