Bay Area/ San Francisco

Judge Sides with City Against Naturists in Latest Dust Up Over Public Nudity

Published on March 23, 2013
Judge Sides with City Against Naturists in Latest Dust Up Over Public NudityTrey Allen post arrest City Hall
Trey Allen post arrest on Feb. 1st. sporting a SFPD supplied blanket.
Trey Allen post arrest on Feb. 1st. sporting a SFPD supplied blanket. Photo: Nude In Blogspot.com
SF's Urban Nudist pleas for a restraining order against the City and its two and a half month old public nudity ban received a firm legal swat across their collective naked backsides this week when presiding Fed Judge, Edward Chen, denied their request. Since the start of February when the 'No No to Nudity' ban, penned by Dist 8 Sup. Scott Wiener, backed by a majority of the Board of Supes and then signed, sealed and delivered by Mayor Lee was initiated there have been four incidents which have laid bare what Naturist identify as naked inconsistencies in the City's public nudity policy. Two or the actions: the first, held post ban at City Hall on Feb 1st, and most recently a nude 'dance in' on Feb. 27th at Jane Warner Plaza in the Castro resulted in misdemeanor arrests of activists for violating the public nudity ban. Two others: one at Harvey Milk Plaza where SF porn studio, Naked Sword, filmed a large outdoor crowd scene with naked participants for an upcoming porn parody using the nude ban controversy as a plot device and second: the City's annual Naked Bike Ride. Both of those events-stuffed with ban violations-were exposed to a good dose of police presence but resulted in zero tickets or arrests. Urban Nudists cite that kind of pick and choose attitude and use of the law as the basis for challenging the new ban. In a statement they said the City is, "engaged in a pattern of illegal arrests and discriminatory enforcement.” They also remain firmly committed to continued challenges both legally and actively with escalated defiance of the ban. Judge Chen disagreed with their assessment stating their case, “was lacking in any substantive legal argument in support” of their claims and that they also didn’t provide enough evidence. So the City's ban stands. Again.
Trey Allen leaving court post prelim hearing for Feb. 1st City Hall nude protest. Photo: M. Petrelis
Trey Allen leaving court post prelim hearing for Feb. 1st City Hall nude protest. Photo: M. Petrelis
Nudist Trey Allen and Gypsy Taub have already been to prelim court over the City Hall disrobing and Gypsy and Sup. candidate and nude activist, George Davis, have an upcoming court appearance over the Jane Warner naked dance party exhibition. More to be revealed on this ongoing social and political face off as the weather warms and more opportunities present themselves for the Urban Naturist activists to exhibit their case to the public. Friday, March 22nd, they and their supporters returned to the steps of City Hall at noon and held a permitted rally against the ban. No arrests were made.