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San Francisco could be in trouble for selectively enforcing a 2012 nudity ban. Local nudists have been challenging the ban in court, arguing that cops are violating their First Amendment rights by picking and choosing which people to cite for violations. After all, why should Critical Mass and the World Naked Bike Ride and porn shoots get a pass on the rule when the naked dudes at the corner of Market and Castro have to comply?
While the clothing-averse plaintiffs haven't had much success in their legal action so far, U.S. District Judge Edward Chen ruled that week that their case could move forward to trial because "police had selectively targeted the nudists to suppress their political views, and only because of the temporal proximity to the law's passage," Courthouse News reports. Before you doff your duds to celebrate, keep in mind that the court isn't considering whether the ban is legal; the case is dealing solely with the issue of how the ban was enforced.
· Nude Protesters, San Francisco, Will Take Their Fight to Trial [Courthouse News]
· Federal Judge Allows Nudists' Suit Against City To Move Forward [SFist]