Fig Leaves Required - Nudists Banned in San Francisco

A lawsuit filed by a nudist group challenging an ordinance that bans exposing genitals was dismissed today by a Federal judge who said requiring people to wear at least some clothing does not violate the First Amendment or Free Speech.  U.S. District Judge Edward Chen wrote ”Nudity is not inherently expressive.”  Violations of the ban are punishable by fines up to $100.  Chen noted that the U.S. Supreme Court has ruled that nude dancing and other artistic expression is entitled to some constitutional protection but nudity itself is not a statement of anything.  Chen’s dismissal leaves the door open for challenges to the ordinance in situations of political or artistic expression.  The ordinance is effective on Friday.