SF City Attorney Dennis Herrera (Photo: Luke Thomas)
Thursday, December 13th San Francisco City Attorney urged a federal judge to dismiss a lawsuit against San Francisco’s nudity ban filed by nude activists who say the ordinance violates their Constitutional rights.
“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,” City Attorney Dennis Herrera said in a statement.
As the Biscuit has reported a cadre of nudist have engaged progressive lawyer, Christina DiEdoardo, to bring a lawsuit against the City in regards to the new anti-nudity ordinance penned by Castro Supervisor Scott Wiener. The law was recently approved by the Board of Supervisors and has received Mayor Ed Lee's signature. The new law goes into effect on Feb.1, 2013.
Mr. Herrera also stated that equal protection claims made by the plaintiffs could undermine the exceptions in the law, like permitting nudity at events like Bay to Breakers and the Folsom Street Fair. Some court observers found this not so subtle hint a reminder that the two tiered nudity ban could easily be adjusted from it's present state into one of a more broad sweeping mentality that could easily encompass Folsom St. Fair and other unique LGBT public events
Ms. DiEdoardo, who is representing four nudity activists, said she was “disappointed by not surprised” by the city’s action.
