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.”