City Attorney Dennis Herrera has filed his latest objection to nudists’ efforts to block San Francisco’s nudity ban.
Nudity advocates have filed a lawsuit against the ban, which Mayor Ed Lee signed into law earlier this month, and have tried to block its enforcement through a preliminary injunction.
Herrera filed an opposition brief today (Thursday, December 20). His office released a statement saying, “Under federal case law, plaintiffs seeking a preliminary injunction” must prove “that such a remedy is both in the public interest and necessary to prevent irreparable harm to the plaintiffs.”
Herrera stated, “Given that San Francisco temperatures average in the 50s through February, it’s difficult to imagine what irreparable harms plaintiffs would suffer if they couldn’t be naked in public immediately. Federal case law sets a high standard for courts to grant extraordinary relief like preliminary injunctions, and we see no absolutely no basis for it here.”
Nudists behind the lawsuit include Mitch Hightower. Exemptions to the ban, which is set to go into effect February 1, include events like the Folsom Street Fair. Hightower didn’t immediately respond to requests for comment Thursday.
Last Thursday, December 20, Herrera asked for the lawsuit to be dismissed.
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 to determine if the new law violates the rights of urban nudists. The case is known as Mitch Hightower et al. v. City and County of San Francisco et al.