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SF judge dismisses suit against nudity ban

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Naked runners enter Golden Gate Park during running of the 99th annual Bay to Breakers race in San Francisco. Hundreds braved the foggy chill to run the 12km race nude. UPI/Mohammad Kheirkhah
Naked runners enter Golden Gate Park during running of the 99th annual Bay to Breakers race in San Francisco. Hundreds braved the foggy chill to run the 12km race nude. UPI/Mohammad Kheirkhah 
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Published: Jan. 30, 2013 at 8:15 AM

SAN FRANCISCO, Jan. 30 (UPI) -- A judge dismissed a lawsuit against an impending San Francisco ordinance that will ban public nudity, saying it doesn't violate the First Amendment.

U.S. District Judge Edward Chen said Tuesday the ban on nudity doesn't violate free speech.

"Nudity is not inherently expressive," Chen wrote in his ruling. "The ordinance's general ban on public nudity for the most part regulates conduct only."

He said he would consider a lawsuit if the city enforced the ban against nude protesters if their nudity was part of their message, the San Francisco Chronicle reported.

The suit was filed by a group of activists including George Davis, who petitioned to run for mayor in 2007 as the "naked candidate."

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