Man's suit over nudity-ordinance arrest at gay-pride event revived by 9th Circuit
Admittedly, Will X. Walters wasn’t wearing much when he was arrested by San Diego police in 2011 at a beer garden following a gay-pride event at Balboa Park.
The “gladiator kilt” Courthouse News said he had on, along with a harness and a black thong, was described by an earlier San Diego Union-Tribune article as a loincloth.
Cited for violating the city’s anti-nudity ordinance after he refused to cover up, he was ejected and jailed when he refused to sign the paperwork. But he wouldn’t have been targeted at all by police if he had been at a beach volleyball tournament, contends Walters, who filed a civil rights suit in which he alleged that he was discriminated against because of his sexual orientation.
A federal district judge disagreed, noting that the loincloth “was very loose” and “would move around very freely” when he dismissed the case in 2014.
However, a federal appeals court panel revived the case this week. The 9th U.S. Circuit Court of Appeals held that the trial court had correctly dismissed a false arrest count, but revived other claims including alleged violation of Walters’ constitutional right to equal protection and a state civil rights statute.
“As for discriminatory purpose, Walters is entitled at the summary judgment stage to an inference that targeting Pride Event attendees is tantamount to targeting gay individuals and individuals who support gay rights,” the 9th U.S. Circuit Court of Appeals wrote. “That an officer referred to Walters as a ‘drama queen’ during his arrest is additional evidence of discriminatory purpose.”
Justia provides a copy of the Tuesday opinion.
