Judge: Public nudity not political speech

Demonstrators gather outside of City Hall in San Francisco to protest against the proposed city-wide nudity ban, in this Nov. 14, 2012 file photo. / AP Photo/Marcio Jose Sanchez

SAN FRANCISCO A federal judge considering San Francisco's public nudity ban rejected arguments Thursday that simply disrobing in public was protected political speech akin to flag burning.

U.S. District Judge Edward Chen made his comments during a 90-minute hearing held to consider the new law requiring the covering of "genitals, perineum, and anal region" that is set to go into effect on Feb. 1.

A narrowly divided Board of Supervisors passed the law last month after residents and visitors to the city's renowned Castro district complained about what they called unsightly and unsanitary nudity in a plaza in the heart of the gay neighborhood.

Public nudity activists filed a federal lawsuit seeking to invalidate the law, arguing the government-ordered cover-up violates their 1st Amendment rights to express their political views. Their supporters also complained the law contradicts the city's live-and-let-live reputation.

But U.S. District Court Judge Edward Chen said Thursday it takes more than simply disrobing in public to make a political statement, as he rejected arguments that a public nudity ban was akin to outlawing the burning of the American flag.

"Flag burning has a pretty clear message," he said, while a naked person in public could be simply sunbathing.

"Being nude, it seems to me, doesn't have the same obvious particularized message," he said after the hearing held to consider the competing legal demands by the city's attorney and activists.

• Naked protesters disrupt final San Francisco nudity ban vote
• San Francisco sheds part of free-spirited past with public nudity ban
• Nude-friendly San Francisco considers covering up

The judge said he would issue a written ruling on the competing requests before the end of the month.

The city wants the judge to toss out the lawsuit, while activists were requesting Chen block the ban from going into effect until the legal action is resolved.

If the ban becomes law, a first offense carries a maximum penalty of a $100 fine, but prosecutors would have authority to charge a third violation as a misdemeanor punishable by up to a $500 fine and a year in jail.

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[jstaro]

Well gosh folks, ya shoulda said it was a teabag rally, then no prob!!!

[KansasCity-2012]

It sounds like the big complaints against nudity center around the hygiene and public sanitation. This is just an excuse. There is no problem! If that actually happens, it's rare.

There is an even bigger proven problem with pets leaving excrement on sidewalks and not being collected by their owners. Now, that is a problem.

When I lived in Los Angeles, it was a constant challenge to find a public restroom. Not every store or restaurant has one and it seems to imply that those business owners don't care if their clients even need to wash their hands.

[steeepe]

Clearly not politcal speech. Only rank exhibitionism.

[jmn122736]

Nudity, like religion, should never be forced on the public.

[matt6052]

Our kin are monkeys, tigers, and junkyard dogs. To wear clothing rejects this simple fact.

[Danclrksvll]

Sadly, we have thrown out the scriptural principle of modesty in our appearance and actions.Our nation is swimming in moral sewage and we need the firm boot of the law to meet the backside of these social radicals.

[HobartSchmenge]

Hopefully not the firm jackboot of the law -- that would be bad.

[Scimajor]

"scriptural principle of modesty "

Happily religion, according to the Constitution, should have nothing to do with this or any other legal issue.

[garydub1]

Money is free speech, but nudity isn't?

[Void-Master]

Hmmm; giving money to congressmen, giving nudity to congressmen... I'll have to think on that one.

[bodettes]

Sometimes the government has to save us from ourselves. San Fran..used to be one city I just loved, but not anymore.

[Void-Master]

The notion of government saving us from ourselves seems comparable to that of executing someone for his own good.

[magnumdr]

Just lock these freeks up. Getting naked is no way for anyone to act anywhere. What a bunch of pigs!

[marine1957]

"U.S. District Court Judge Edward Chen said Thursday it takes more than simply disrobing in public to make a political statement, as he rejected arguments that a public nudity ban was akin to outlawing the burning of the American flag."

Good for you, Judge.

[democracy8]

Didn't hit the submit button twice. Not sure why that happened.