Naturists Campaigning for Naturism

San Francisco Update – 06 2015

Dear body freedom supporters, dear friends,
I am excited about Pride Parade this year, hoping that many of you will come and proudly join our Body Freedom contingent! Last year the audience loved us and I am sure it will be just as awesome this year!

We have finally completed the settlement with the City and are getting ready to file an appeal in the 9th Circuit Court. (See press release below)

In the meantime, we are $292 short of our June payment to our legal team. Please send us some donations! Every little donation adds up and makes a difference. Please PayPal $ to gypsytaub@gmail.com <gypsytaub@gmail.com> or if you need my address to send a check please email me. If you would rather send a payment directly to our lawyer Gill please let me know.

Big naked hugs,

Gypsy

FOR IMMEDIATE RELEASE

Body freedom activists and City of San Francisco Settle a Portion of Claims

San Francisco, California – June 15, 2015 – Plaintiffs in the case challenging San Francisco’s nudity ordinance filed a stipulated dismissal on that claim which was settled as part of an Agreement entered by the two sides last month. The settlement includes a one-time payment from the City to the Plaintiffs for $20,000, all of which will be given to the nudists’ legal team to cover a portion of the legal fees. Plaintiffs other claims are slated for appeal to the Ninth Circuit.

San Francisco Police Code 154 was introduced by District 8 Supervisor Scott Weiner in late 2011 and was passed on a 6 to 5 vote with significant opposition from 5 Supervisors and the public.  Prior to its enactment on February 1, 2012, non-sexual nudity was legal in San Francisco except in land under the control of the Park and Recreational Department. The ban has specific exemptions for nudity at permitted fairs, festivals and parades.

However, the SFPD ignored those exceptions and cited Plaintiffs even when they were nude at Bay to Breakers and the Haight Street Fair, both of which are covered by the exemption. The SFPD also cited and arrested Plaintiffs when their nudity was an integral part of political protests protected by the First Amendment. A win at the Ninth Circuit could protect the Plaintiffs’ future right to use nudity to convey their political message of body freedom, which includes freedom from body shaming.

‘Judge Chen’s earlier rulings made it clear that the Plaintiffs were going to succeed on First and Fourteenth Amendment claims based on viewpoint discrimination,’ stated the Plaintiffs’ attorney D. Gill Sperlein. ‘We have settled that claim so that we can focus on the claims that are the most important to the Plaintiffs.’ The reason those claims are important is that they would allow for injunctive relief preventing the SFPD from interrupting nude protests in the future.

‘The settlement reached with the defendants provides important funding to continue litigating the important constitutional issues that pervade the ordinance,’ said First Amendment Attorney Lawrence Walters, who was brought on to assist with the case given his victories in similar nudity cases in the South.

Speaking about the settlement, Plaintiff George Davis said: ‘I hope that the public realizes that this is a win for their own civil liberties, even if you’re only a nudist under your clothes. I have made political speeches in the nude in various locations including Times Square. Let’s hope that the Ninth Circuit Court aligns itself with the reality based progressive world in their deliberations.’

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