Judge: Public nudity not political speech

"Mere nudity is not a criminal offense," Christina DiEardo, a lawyer for the nudists, told the judge, noting that state law only criminalizes nudity such as indecent exposure.

She also argued that disrobing these days in San Francisco is de facto political speech because of the law and the publicity surrounding it. An hour before the hearing, two activists demonstrated naked in front of the federal courtroom along with several other supporters in various states of undress.

But deputy city attorney Tara Steeley said San Francisco does have the authority to pass its own law banning simple nudity.

"Government has a duty to protect the public that does not wish to be exposed to nudity on the streets," she told the judge. "Business is suffering in the Castro. Numerous citizens are no longer visiting the neighborhood."

The public nudity debate in San Francisco began about two years ago when the Board of Supervisors passed legislation requiring nudists to place clothing or a towel between them in restaurants and on public benches and seating areas. That law enflamed political passions and prompted even more nudists to start gathering in the plaza, prompting complaints from nearby businesses that the activists were scaring away customers.

After three rambunctious meeting that included naked protests and arrests, the supervisors last month on a 6-5 vote passed the law that bans the public nudity with certain exceptions. The law exempts children younger than 5 and public nudity at certain events such as an annual street fair, the city's Gay Pride Parade and its Bay-to-Breakers foot race, which is noted for the wacky costumes — or lack thereof — of participants.

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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.