Friday, September 29, 2023
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S.F. Nudity Ban Fight Ends With Settlement

SAN FRANCISCO (CN) - A group of nudists fighting San Francisco's ban on nudity without a permit have settled with the city, ending their 28-month battle against the ordinance.

Terms of the partial settlement were not disclosed, although both parties agreed to stay proceedings for 60 days to prepare documents.

The settlement also preserves the nudists' right to appeal a decision this past December by U.S. District Judge Edward Chen in which he declined to stop enforcement of San Francisco's nudity ban on political free speech grounds.

The San Francisco Board of Supervisors voted in November 2012 to prohibit "genital exposure" on all city sidewalks, plazas, parklets, streets and public transport, except during permitted activities such as the Pride Parade, Folsom Street Fair and Bay to Breakers race.

Nudists struck back by filing a federal class action to prevent the ordinance from taking effect, claiming that nudity is an integral part of their personal and political expression and protected by the First Amendment.

The settlement ends the only claim Chen left standing - that San Francisco police had selectively targeted the nudists to suppress their political views during two separate protests against the ban at City Hall.

A status conference on the settlement is slated for May.

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