A federal judge cleared the way Tuesday for the city of San Francisco to ban most displays of public nudity, ruling that an ordinance set to take effect on Feb. 1 does not violate the free speech rights of residents and visitors who like going out in the buff.
U.S. District Court Judge Edward Chen refused to block the ban temporarily or to allow a lawsuit challenging it to proceed.
"In spite of what plaintiffs argue, nudity in and of itself is not inherently expressive," Chen wrote in an 18-page opinion.
The San Francisco Board of Supervisors voted 7-4 last month to prohibit residents and visitors over age 5 from exposing their genitals on public streets, in parks or plazas or while using public transit.
The measure was introduced in response to a group of nudists that regularly gathers in the city's predominantly gay Castro District. The threat of seeing outlawed a right that many people associate with free-spirited San Francisco prompted public protests and disrobing at supervisors meetings.
The activists who challenged the measure in court also had argued that the ordinance was unfair because it grants exceptions for public nudity at permitted public events such as the city's gay pride parade and the annual Bay-to-Breakers foot race.
The Supreme Court opened its new term Monday with a high-stakes dispute between businesses and human rights groups over accountability for foreign atrocities.
The justices appeared ready to impose new limits on lawsuits brought in U.S. courts over human rights violations abroad.
The argument was the first in a term that holds the prospect for major rulings about affirmative action, gay marriage and voting rights.
Meeting on the first Monday in October, as required by law, the justices entered the crowded marble courtroom for the first time since their momentous decision in late June that upheld President Barack Obama's health care overhaul.
The lineup of justices was the same as in June, but the bench had a slightly different look nonetheless. Justice Antonin Scalia was without the glasses he no longer needs following cataract surgery over the summer.
Chief Justice John Roberts formally opened the term and the court turned quickly to its first argument.
The dispute involves a lawsuit filed against Royal Dutch Petroleum over claims that the oil company was complicit in abuses committed by the Nigerian government against its citizens in the oil-rich Niger Delta.
A tough new voter identification law championed by Republicans can take effect in Pennsylvania for November's presidential election, a judge ruled Wednesday, despite a torrent of criticism that it will suppress votes among President Barack Obama's supporters and make it harder for the elderly, disabled, poor and young adults to vote.
Commonwealth Court Judge Robert Simpson said he would not grant an injunction that would have halted the law, which requires each voter to show a valid photo ID. Opponents are expected to file an appeal within a day or two to the state Supreme Court as the Nov. 6 election looms.
"We're not done, it's not over," said Witold J. Walczak, an American Civil Liberties Union lawyer who helped argue the case for the plaintiffs. "It's why they make appeals courts."
The Republican-penned law — which passed over the objections of Democrats — has ignited a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest. Plaintiffs, including a 93-year-old woman who recalled marching with Martin Luther King Jr. in 1960, had asked Simpson to block the law from taking effect in this year's election as part of a wider challenge to its constitutionality.
Republicans defend the law as necessary to protect the integrity of the election. But Democrats say the law will make it harder for people who lack ID for valid reasons to vote.