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Breaking: Judge unlikely to block SF nudity ban by S. Bajko Urban nudist, who is a plaintiff in the case, talked to reporters outside the federal courthouse Thursday, 17. (-: Philomen Cleland) A federal judge Thursday afternoon indicated he was unlikely to block San -'s public nudity ban from being implemented next month. Late last year city lawmakers adopted an ordinance prohibiting people from exposing their genitals, perineum, or anal region in public. The rule would apply to sidewalks, parklets, streets, on Muni vehicles, and inside transit stations; nudity is already prohibited in city parks and along the waterfront. A group of urban nudists sued to overturn the law, and have asked the federal court for an injunction to prevent it from going into effect February 1. Not only do they argue they have a right to be unclothed in public, they also contend the new law violates their free speech rights. The city argues that the. Supreme Court has ruled that being nude is not a protected form of speech and that it has the right to enact laws regulating where people can disrobe in public. The new law, for instance, carves out an exception for people to be nude at city permitted street fairs, parades, and festivals. "The Supreme Court has said nudity by itself is not expressive," deputy city attorney M. Steeley told the court. "The ordinance is not targeted at expression.". District Judge M. Chen, with the United States District Court for the Northern District of California, appeared to agree with the city's argument during the first court proceeding in the case. He spent more than an hour questioning the attorneys representing the city and the plaintiffs. "This looks like classic time, place, and manner restrictions. I don't how this is based on someone's views or what somebody is saying," said Chen. San based lawyer A. DiEdoardo, who filed the class action lawsuit on behalf of nudists, questioned whether the city does indeed have the power to enact the nudity ban under state law. FULL STORY:
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