Tag Archives: Christina A. DiEdoardo

End of Week Updates: Nude Activists Convicted, Castro’s New Bulging Baskets (of Flowers) & More

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This week has raced by and April is nearly at an end. Summer is looming as spring draws to a close and we find ourselves checking back in on a  number of posts to find out what their status is. In no particular order or level of import here goes:

Trey Allen at SF City Hall protesting the new nudity ban on 2/1. (Photo: Justin Sullivan)

Trey Allen at SF City Hall protesting the new nudity ban on 2/1. (Photo: Justin Sullivan)

Nude activists, Russell ‘Trey’ Allen, Oxane ‘Gypsy’ Taub and Dist. 8 Supervisor candidate, George Davis were arrested and cited for violating the brand new nudity ban when they showed the full monty at a rally outside City Hall on Feb. 1 that we posted on, the day the ordinance went into effect. On Tues. the 23rd all were found guilty. They now hold the double honor of first arrested and first convicted under the Wiener Nudity Ban. They were each ordered to pay a $100 fine and $92 in court fees. Their Defense attorney Christina DiEdoardo plans to appeal in 30 days. Miss Taub and Mr. Stevens will be facing the judge again following a second arrest for dancing nude at Jane Warner Plaza.

flowers-one-castroThe 3rd Annual Flowers on Castro Benefit sponsored by the Castro Community Business District (CBD) and Herth Realty on April 18th that we posted about was a smashing success according to all who attended and CBD Exec Director, Andrea Aiello raising 2,000 more than the previous year. The event held at Herth Realty’s office on Castro St.  brought in over 10,334 dollars toward their 15,000 dollar goal in donations and art sales that will be used to replace and maintain the neighborhoods hanging baskets of flora. On Tuesday ten new baskets were installed along the village’s main strip. Art is still available for purchase at Herth’s office and you can peruse it as you will or donations can be made directly here. Special thanks to all the artists whose work was used, restaurants  Pica Pica, Fable and Poesia for providing the food and Swirl who supplied wine for the event. Pix from the event here.

SF State Sen. Mark Leno

SF State Sen. Mark Leno

Early this week we posted Sen. Mark Leno had introduced a bill, SB 635, that would allow individual communities to decide to extend their bar and clubs last calls from the current California limit of 2 AM to 4 AM. Despite a large push for the bill from within the Entertainment and Nightlife Industry the bill was rejected in committee. This is the second time our Senator has introduced this legislation. It has the ability to be brought back again before committee but not this year. It will have to go back and start its upstream swim again through political shark infested waters.  Mr. Leno has made noise that he believes that with the growing number of constituents in favor of the bill the next time up will see a different result. Who knows-maybe three times the charm?

Rally at City Hall in favor of changing SFO to Harvey Milk International Airport. (Photo; SJ Mercury News)

Rally at City Hall in favor of changing SFO to Harvey Milk International Airport. (Photo; SJ Mercury News)

And finally, Dist. 9 Supervisor David Campos’ push to rename SFO for Harvey Milk continues to seek its last supporter from among the other members of the Board of Supervisors so it can move forward. We’ve been posting on this issue since it broke. So far he has five out of the six co-sponsors from his fellows to go forward. Where the elusive sixth nod will come from has proven difficult. The freshmen members of the BOS-Norman Yee, London Breed and recent Mayor Lee appointee for Dist 4 Katy Tang-have been reluctant to sign on. Citing a variety of concerns from cost of the name change to the City or constituent balking at the idea-many think other titans of SF politics and civic duty are equally deserving as Milk have been used by the new Supes to withhold sponsorship. Campos remains undeterred and believes that in the end he will be triumphant.

Fed Judge Upholds City Nudity Ban

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US Federal Judge Edward Chen of the District Court for the Northern District of California

US Federal Judge Edward Chen of the District Court for the Northern District of California

The last bell has rung in the fight between the pro-nudity camp and the City. On Tues. the 29th a Federal Judge reviewing the case ruled the City’s pick and choose nudity ban didn’t violate anyones First Amendment rights of self-expression.

The new law, penned by the Castro’s own Dist. 8 Sup. Scott Wiener, will go into effect as planned on February 1st, 2013.

Federal Judge Edward Chen, an Oakland native who has been on the bench since his appointment in May 2011 stated in an 18 page opinion that, “in spite of what plaintiffs argue, nudity in and of itself is not inherently expressive.”

Judge Chens’ decision upholds the tenor of a precedent ruling made by the the US Supreme Court around a similar nudity case where the violation of a citizen’s First Amendment, freedom of expression, right to be nude was at the core of it’s substantive argument.

San Francisco plaintiffs had hoped they might have a unique angle with this particluar suit citing how the SF nudity ban is a pick and choose law in regards to where citizens may or many not show the full monty. Naked at Folsom Street Fair or during Bay to Breakers? Yes. Nude sunbathing in Jane Warner Plaza or Golden Gate Park? No, not so much.

A nude man protests against the ban on nudity in San Francisco (Photo: Reuters)

A nude man protests against the ban on nudity in San Francisco (Photo: Reuters)

The judge said while this may be unfair of the City but its not, in this context, violating anyone’s rights.

Legal eagle for the four nudist activists who brought the suit, attorney Christina DiEdoardo, speculated her clients may want to appeal. She thinks that if they can show how their individual rights are being legally disregarded once the ban is in place they would stand a better chance of winning.

The judge seemed open to the idea if, and only if, there is absolute proof of First Amendment infringement.

Last day for the public to strut their junk without fine, ticket or jailtime is Thursday, Jan. 31st. Forecasters predict SF weather will be sunny, cloudless, with a slight breeze and top out at 62 degrees for folks out there who want to make use of the final day to be as naked and free as Adam and Steve/or Eve.

 

Final Countdown to No More Pants Down-Nudity Ban to Start Feb. 1

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No Public Nudity

In less than two weeks the San Francisco law banning public nudity-unless for specific purposes or events-takes effect on February 1st.

While many who back the law, District Eight Supe Scott Wiener for example who authored the new City code, hail this as a step in the right direction for the community others find San Francisco’s turn toward puritanical modesty a sad state of affairs for a town viewed by most as the beacon of liberal thinking and actions in America.

From the Castro Nude In, Oct. 2012-sign outlines what the pro nudist camp demanded.

From the Castro Nude In, Oct. 2012-sign outlines what the pro nudist camp demanded.

The ‘Nude Issue’ has continued to be fodder of national and international story lines. Story lines pop with titillation as pundits, journalists and late night talk show hosts bandied about the furor SF’s nude cause celebre has had, it’s heated ‘for’ or ‘against’ public debates, protests and finally the subsequent law it’s produced.

Covering up this story seems hard to do. The SF, LGBT newspaper of note, Bay Area Reporter, who published a strong editorial supporting Mr. Wiener’s plan for a ban revisited the issue posting an informal, Facebook, poll on Thursday asking what readers thought. The results: 4 to 1 in favor of nudity and having citizen’s let it all hang out.

B.A.R. Poll on Nudity Jan. 2013

Federal Judge Edward Chen is expected to rule soon on a motion for a preliminary injunction to stop the City’s nudity ban. Chen could pick up the pace on things because if he dismisses the motion, there may be an appeal, and then this issue could drag on in the courts costing the taxpayers of the City big bucks defending the new law.

The basis for the suit brought by four nude activists and presented by their talented legal rep, Christina DiEdoardo, a criminal defense attorney, is that their first amendment rights will be violated if the ban stands.

The crux of that suit being the law inhibits people’s right to be ‘expressive’. Where the rub in the argument stands is the Supreme Court has already denied that as relative in an earlier case. If nudist were marching in a political context that’s being ‘expressive’.

Sitting with their junk in the sun at the Castro’s Jane Warner Plaza ‘expressive’? A stretch of the legal interpretation of the law that as yet no legal precedents supports.

The Castro Biscuit took a stand in our own editorial supporting the right of San Franciscan’s to be naked which has been widely shared and read. We still believe its the right course for our community to allow public nudity as long as it’s not lewd.

However, based on the law and it’s parameters, we believe the new nudity ban law will be allowed to move forward.

Here’s hoping for a few unseasonably warm days so those who wish to can work on their uninterrupted tan lines one more time without being hit with a ticket or jail time.

Late Nov. 2012 Gay musicians busking on the corner of 18th & Castro to appreciate crowds.

Late Nov. 2012 Gay musicians busking on the corner of 18th & Castro to appreciate crowds.

UPDATE: SF City Attorney, Dennis Herrera to Fed Judge, “Toss Nudist Lawsuit”

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SF City Attorney Dennis Herrera (Photo: Luke Thomas)

Thursday, December 13th San Francisco City Attorney urged a federal judge to dismiss a lawsuit against San Francisco’s nudity ban filed by nude activists who say the ordinance violates their Constitutional rights.

“Public nudity bans are a longstanding feature of municipal codes throughout the nation, and their constitutionality has been repeatedly affirmed by the courts- including the U.S. Supreme Court,” City Attorney Dennis Herrera said in a statement.

As the Biscuit has reported a cadre of nudist have engaged progressive lawyer, Christina DiEdoardo, to bring a lawsuit against the City in regards to the new anti-nudity ordinance penned by Castro Supervisor Scott Wiener. The law was recently approved by the Board of Supervisors and has received Mayor Ed Lee’s signature. The new law goes into effect on Feb.1, 2013.

Mr. Herrera also stated that equal protection claims made by the plaintiffs could undermine the exceptions in the law, like permitting nudity at events like Bay to Breakers and the Folsom Street Fair. Some court observers found this not so subtle hint a reminder that the two tiered nudity ban could easily be adjusted from it’s present state into one of a more broad sweeping mentality that could easily encompass Folsom St. Fair and other unique LGBT public events

Ms. DiEdoardo, who is representing four nudity activists, said she was “disappointed by not surprised” by the city’s action.

 

Federal Judge to Review the Nudity Ban

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Though the nudity ban isn’t officially a law yet, word comes this morning that U.S. District Judge Edward M. Chen, with the United States District Court for the Northern District of California, has scheduled a hearing for January 17, 2013 to hear arguments if the new, San Francisco law sponsored by Sup. Scott Weiner violates the rights of our embattled, urban nudists.

Since the onset of the debate nudists have maintained that the ban violates their First Amendment right of self-expression and is making the City look more like Topeka and less like the beacon of open minded, forward thinking community that most in the world think San Francisco to be.

As we posted earlier during the course of this winding debate that’s polarizing the Castro and the community, San Francisco-based lawyer, Christina A. DiEdoardo,  filed the class action lawsuit on behalf of four nudists claiming the proposed law violates their freedom of expression and the equal protection clause of the U.S. Constitution. Plaintiff in the lawsuit,  Mitch Hightower, a gay man who organizes a yearly nude-in at Jane Warner Plaza in the Castro and owner/operator of an online porn site based on public nudity; Oxane “Gypsy” Taub, nudist television host from Berkeley; George Davis, former ‘nude’ SF mayoral candidate; and Russell Mills, web master of a pro nudity site. Ms. DiEdoardo has repeatedly been quoted by reporters, that her clients “are entitled” under the First Amendment to be nude in public as they are engaging in “expressive speech.” The city cannot ban such speech, she said, merely because others are offended by seeing people nude.

The Board of Supervisors are expected to revisit the vote on the ban again in December, and if it passes, Mayor Ed Lee has promised to sign it into law. City Attorney Dennis Herrera, has branded the nudists’ lawsuit baseless. The US Supreme court has reviewed two such cases previously and found that such bans do not violate individual rights to expression and local municipalities have the right to legislate against it. Both those cases however dealt with strip club nudity and the use of pasties vs. no pasties. Some would argue this case comes from a different perspective and is worth review.

DiEdoardo has also pointed out that there is still time for a compromise between the City and the plaintiffs. Compromise could be reached if the City worked with the nudist to find a better solution than another law that divides nudity into acceptable/unacceptable categories and wastes precious City resources of time and money battling the issue out in court. The idea of this happening seems highly unlikely at this point considering how rancorous the debate has become within City Hall, the full court press of the Merchants of Upper Market/Castro (MUMC) and some very influential and outspoken citizen’s from the district who’ve had the luxury of Sup. Weiner’s full attention.