San Francisco sued over proposed nudity ban

• Nudists say the ban would violate their civil rights
• At last week's hearing, one skin worshiper removed her clothes

Nudists filed a federal suit against San Francisco on Wednesday, arguing that a proposed ban on public nakedness violates their civil rights.

The proposed ordinance would prohibit nudity on city streets, sidewalks, plazas and public transit. It exempts street fairs and parades, which would require permits.

The lawsuit claims the ban "would violate the civil rights of people who want to bare their bodies for personal or political reasons," the Associated Press writes.

Much of the attention -- and controversy -- has been centered on "the naked guys" in the city's predominately gay Castro District.

The nudists' lawyer, Christina DiEdoardo, argues in a blog post why an ordinance isn't needed:

While other cities fret about underfunded pension liabilities, here in San Francisco the latest keruffle is over the supposed "problem" of nudists in public spaces.

Of course, this being San Francisco, the measure is being pushed by the unfortunately named Supervisor Scott Weiner, whose main target (based on published reports) seems to be the supposed practice of some nudists to wear "cockrings" or other devices to draw attention to their genitalia.

Lost in the debate are three fundamental (at least to a criminal defense attorney like me) questions. First, is the conduct targeted by the proposed ordinance a protected activity? Second, assuming the government can restrict the behavior, are extant State laws sufficient? Third, has state legislation already preempted the field of regulation of nudity in public spaces? ...

The bottom line is that –- as with so many other public policy issues –- what's needed is not additional laws, but enforcement of existing laws. That would solve the "problem" of the nudists with cockrings, to the extent it's not anecdotal and actually exists. With regard to the wider issue of those who object to nude people in public, there's an easy remedy which costs no public money, requires no court time and consumes no scarce jail space: look away.

The Board of Supervisors is scheduled to vote on the measure Tuesday.

"Over the past two years, the situation on our streets, and particularly in the Castro has changed," Supervisor Scott Wiener, who proposed the ban, said at a Nov. 5 public hearing on the legislation. "Public nudity is no longer random and sporadic, and it's no longer an occasional quirky part of San Francisco."

If the ban passes -- and Weiner appears to have unanimous support from the board -- the naked would be fined $100 the first time and $200 for a second offense within 12 months. The third time, the nudist could be slapped with a $500 fine or misdemeanor.

At last week's hearing, one skin worshiper removed her clothes and was promptly removed from City Hall by sheriff's deputies, the San Francisco Chronicle reported.

Gypsy Taub touted "body freedom" and assailed Wiener's legislation as "fascist."

Wednesday, the award-winning documentary filmmakers behind the 1,000 Bodies Project planned to fly in from Norway to capture Fog City nakedness, SF Weekly said.