Several of San Francisco's most consistently naked protestors have refiled their lawsuit claiming the city's ban on public nudity is a violation of their right to free speech. Although a U.S. District Judge ruled nudity isn't speech and threw out the case late January, the pantsless plaintiffs are now claiming they are being unfairly discriminated against and the ban is being unfairly enforced.
Mitch Hightower, George Davis, Russell Mills, Russell "Trey" Allen and Oxane "Gypsy" Taub have been some of the most visible opponents of the ban as it worked its way through the city's legislative process. Now that the city has begun enforcing the ban, the group is alarmed that they are the only ones who have been arrested because of it. Davis, Taub and Allen were arrested at a protest rally and nude-in when the ban took effect on February 1st. Davis was arrested again on February 27th [link NSFW] during a "nude artistic dance performance" at Harvey Milk Plaza.
According to the amended lawsuit, the city of San Francisco and SFPD, "have taken every opportunity to strike at plaintiffs at events they organize, while apparently being struck by a feeling of obliviousness when it comes to events organized by others who are not part of this lawsuit." As evidence of discrimination by SFPD, the group alleges none of the other plaintiffs were arrested when they disrobed to shoot a porn parody of the whole scene a few days earlier on February 17th. What the lawsuit doesn't highlight, however, is that the porn shoot had a legal permit and all the nudity was considered condoned and legal in that case.
Likewise, the group is not pleased that none of their brothers and sisters in nakedness were arrested during the yearly World Naked Bike Ride that went down earlier this month. The City Attorney's office has yet to comment on the updated lawsuit, which will probably last just as long in court as the first one, but the city's lawyer have until the end of the month to respond.