SF seeks dismissal of nudists’ federal lawsuit

San Francisco City Attorney Dennis Herrera filed a motion today seeking the dismissal of a federal lawsuit challenging the city’s new ban on public nudity.

The city and county’s Board of Supervisors approved the ban – which provides exceptions for certain city-permitted events and for those under the age of five – at a climactic meeting Nov. 20, and affirmed it Dec. 4.

Opponents of the ban had sued even before the ordinance was passed, claiming it would violate their rights under the First and Fourteenth amendments. The plaintiffs originally sought a temporary restraining order to stop the supervisors from passing the law, but U.S. District Court Judge Edward Chen opted instead to consider the challenge instead as a petition for a preliminary injunction, once the ordinance was enacted.

“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,” Herrera said in a news release today.

“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,” he added. “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.”

Josh Richman

Josh Richman covers state and national politics for the Bay Area News Group. A New York City native, he earned a bachelor’s degree in journalism from the University of Missouri and reported for the Express-Times of Easton, Pa. for five years before coming to the Oakland Tribune and ANG Newspapers in 1997. He is a frequent guest on KQED Channel 9’s “This Week in Northern California;” a proud father; an Eagle Scout; a somewhat skilled player of low-stakes poker; a rather good cook; a firm believer in the use of semicolons; and an unabashed political junkie who will never, EVER seek elected office.

  • John W

    Oh, please make this go this all the way to the Supreme Court as a First Amendment issue. Scalia is sure to have some entertaining commentary. I can just see these folks stripping down in front of the Supreme Court building.

  • Elwood

    @ #1 John W

    How about in front of the bench?

    It would give some of those old farts a heart attack.

  • John W

    Even better!