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Will Walters says he was wrongly arrested during the San Diego LGBT Pride festival in July.
The man who was arrested during last summer's Pride festival in Balboa Park for public nudity is taking his case to federal court.
Will Walters, 30, says he was just expressing his fashion-sense during the San Diego LGBT Pride festival in July. A San Diego police officer made the arrest.
He insists that his leather outfit, featuring a loincloth getup over thong underwear, completely covered his genitals. He also claims he was mistreated in jail.
The case was never prosecuted, and the city rejected Walters' claim last month, according to Walters' attorney Chris Morris. Now, Walters will sue the federal court, saying the arrest "violated his rights under the Equal Protection Clause of the Fourteenth Amendment," according to Courthouse News Service.
For more, visit NBCSanDiego.com
The suit has been filed in the Southern District Federal Court in San Diego.
A local man filed a complaint against the city after a police officer arrested him at a Pride parade for public nudity. A police officer who encountered Walters at the beer garden apparently thought the display bordered on illegality.
"He said I needed to sign this citation or I was going to jail," Walters recalled in a Dec. 2011 interview with NBC San Diego.
"I said, 'Well, you're going to have to take me to jail, because I'm never going to sign something I'm not allowed to read,’” he said. “All I wanted to know was, how can I correct a problem, and what's the problem? And the problem was presented to me, and I said, 'that’s ridiculous.'"
Vote (on Facebook): Does wearing a loincloth constitute public nudity?
Walters wound up spending 12 hours behind bars after being removed from the Pride event by several officers, and taken to the Central Jail -- where, he says, even the booking deputy was amazed that he'd been cited for nudity.
Morris saw the arrest as selective enforcement of a kind that's never been applied to beachwear seen at other events where crowds flash a lot of skin, he said in December.
"Our main goal in filing the claim was to bring change to the city and its policies," Morris said on Tuesday. "That change is just not going to happen without court supervision."
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Must have been a slow news day.
Isn't it "funny" how everyone 'complains' how fat Americans have become ... and how ashamed many apparently are toward our bodies? There should not be ANY nudity laws restrictions whatsoever in the USA, so-called land of the free. People who are ignorant need to be educated about the differences between nudity and sexuality. I really don't want my few law enforcement dollars going toward this kind of issue. There are major crimes that need all we can throw at them.
You are IGNORANT because the VAST MAJORITY of people have stated, voted, and made laws that say they DO NOT WANT PEOPLE DISPALYING THEMSELVES IN PUBLIC. I do not give a rats tail what YOU THINK about nudity because you don't care about the majority of others think and are expressed in the laws.
Since when was it okay to be nude????? I dont think its okay at all, because i have children. But thats not something Homosexuals have to worry about, is it?!!!!!!!! But it seems Homosexuality and selfeshness goes hand in hand!
All you gays make sure you get on and say it's all right. Because from what I've see the responses are 10 to 1 gays. Straights think this is a stupid issue. He was in a Beer garden, period, not appropriate. No discussion. They could have sent him home not arrest him.
It doesn't matter if he was gay, straight ,or bi, everyone involved in his arrest should be fired and steps taken to make sure that they never ever feed at the public trough again. This pandering to the puritans has to stop.
I'm not picking on overweight people, I could stand to lose a few pounds, but if this guy wasn't built like he was and was even just 50 pounds overweight, the comments on here would be entirely different. Don't misunderstand me, I don't want to see the backside of his outfit, and I'm not defending him. I think it was a poor choice of outfits, but if most(I said most, not all) of the people defending him would truly be honest, if he was overweight, nobody would have wanted to see him dressed like that and wouldn't be defending him, so the whole "should be able to wear what he wants" doesn't fly.
I do NOT want to see anyone bearing skin in public, period. I do not care what their reasons are for wanting to do so. What about those of us that do not care to see how much flesh you display without "bearing it all". I do not care what this person says about his "rights" to display himself. What about my "rights" to NOT have to see him, and do not give me that "just do not look" baloney. When anyone bears as much in public as this person is it is NOT acceptable to the vast majority of people. Clothes are just so we DO NOT have to look at everyones flesh, beautiful, ugly, or not. Keep yourself covered and there is no problem. If you want to go to a nude beach then fine, do so, but that is a place where others are expecting it, and public exposure of one's body is NOT what I want to see. I can just see the old, fat, and other ugly bodies being exposed to us all and it is NOT beautiful, and I do not want to see even the most voluptuous, beautiful people exposed everywhere. Go to the beach or someplace it is expected NOT in my day to day life.
Thing is the whole event should be illegal and something you're arrested for and/or committed to a mental facility. A bunch of sick individuals who need treatment, not recognition.
It's mind-boggling you don't see how giving the government that kind of power can set precedents and then backfire on you. Normal people think: "How could this new law or precedent affect me." You think: "I don't care what happens to me or if my daughter has to be molested at the airport, just so long as I can spite everyone who I have a disagreement with."
The city should have admitted fault when it had the chance. Now the possibility of damages awarded have increased an order of magnitude or two, and if the city decides to jump ship when they see the figures the cop could be tried under some color of law crime and end up in prison.
Hope it was worth it.
To become a police officer some level of education should be required. He probably doesn't understand the word "nudity".
Some people obviously cannot read...he was not arrested for his attire...HE WAS ARRESTED FOR REFUSING TO SIGN A CITATION AND TELLING THE OFFICER TO ARREST HIM. No matter who you are, if you are given a ticket for anything, be it speeding, jaywalking, etc...if you refuse, you'll be arrested. This is not a GAY issue. This is not a homophobic issue. This is an issue of someone having no respect for authority. Whether the officer was right or wrong, the guy should have signed the ticket and fought it in court. Obviously this young gentleman saw this as an opportunity for attention and is using his sexuality as an excuse to justify his disrespectful behaviour. And before you call me a hater, Im gay, and ive known my share of narcisistic jerks who think theyre above everyone else...and the minute you call them on it, they use their sexuality and claim bigotry and discimination.
I refused to sign an illegal left hand turn citation because I wasn't convinced I had done it. The cop was going to arrest me for not signing the citation. I signed it and went to court. This guy chose to get arrested as opposed to going througthe channels like everyone else.
The man clearly stated he wanted to read what he was about to sign. It could be a citation for anything. Only a fool signs what they are not allowed the read. Even when you get pulled over, the police officer is supposed to tell you what you did wrong. He even goes on to say he asked how could he correct the problem. No alternative was given. Granted it's hard to be a police officer and this was a judgement call, but given the time and place it was unnecessary.
Don't be mad that this man rolled over and took it (no pun intended), rather be glad he's able to fight for what he thinks is right! Too many of us are just ok with the status quo and think anyone that doesn't conform is a freak. Maybe it's not a fight YOU would take on but I give the guy a thumbs up for his efforts, even if he loses his fight.
I have refused to sign citations and they just set an automatic court date. I don't care you can call them authority figures, most are on power trips. I have family members that are in law enforcement and they are @!$%#s and some of the stories they tell prove it.
Dave....sorry, but I find it hard to believe that the officer refused to let him read the ticket...besides...in order for him to sign it, he would have to have it in his hands, therefore have the opportunity to read it. His version does not make sense...unless he's leaving out the part of how he defied the officer and chose to make a scene rather than avoid a confrontation...his own comment about how he refused and then told the officer to arrest him only bolsters my claim.
The sad part is that we've all wasted part of the day even caring about this. Time to go.
This is ridiculous. We have over-criminalized in general.
Let me say I am heterosexual and married to the most marvelous woman. I have to say if I had a body like that I would show it off. That man has put a lot of time into getting it sculpted the way it is. What he is wearing is no more offensive to me than the thug want to be walking down the street with their pants down around their thighs and grabbing their crotch.
As a straight Black man, I HATE seeing these dirty thugs wearing their pants down under their butts WAYYY more than some guy at a parade wearing a skimpy outfit. Either way, I wouldn't want to legislate against either.
Agreed Dave, I live in Ohio and have seen skits on the gay parades on the evening news or whatever so I know some of the dress and I would just avoid the area why it was happening.
Clearly, guys like this are NOT helping the LGBT movement's public image! (...and that makes me happy... or should I say "GLAAD"!) Go get'em LoinCloth-Man!!!
Why not? He doesn't represent ALL gay guys? Just A gay guy that wanted to wear a loin cloth! Only a fool would judge a group by an individual's actions.
...unless you say you are a fool, then by all means judge away!
Have you ever heard the term "Don't judge a book by its cover"?
Why do you suppose this saying exists?
It is because people always judge books by their cover! It is human nature.
Go to college... take a few marketing courses... then you will learn how "the crowd" thinks, and how marketers use this knowledge to manipulate the people into buying products.
Bottom line... regardless of your personal opinion about judging a movement by one person... it happens.
But see, you are making it a POINT to do so! I know all about the subconscious and I know how it works, but once you've acknowledged that way of thinking, it is no longer subconscious, it's a CONSCIOUS DECISION!
(Yes, I've been to college)
The whole point of people STAYING who they are and not conforming is so that it becomes the norm - just as the idea of someone being gay to begin with will be, one day as long as they keep up their fight. And it's NOT a bad thing!
To put in proper perspective: this was AN EVENT. This was no normal ordinary day, it was a celebration so Gay people to feel free to be themselves. I'm sure no one defending the man feels anyone should dress like that at any time OR that it was a tasteful outfit, BUT it was his choice AND it was to be somewhat expected given the weather and the type of event. Given the CIRCUMSTANCES the officer overreacted IMHO.
Regardless of how you feel about Gays (pro or con), this is how you SHOULD look at it.
I have never understood these pride parades. If you want acceptance in society, why strut down the street wearing these clothes? I'm all for gay rights, but I think they are shooting themselves in the foot with this stuff.
Probably for the same reason we have African American pride parades, Latino American pride parades...etc, when you have made strides as a minority, you SHOULD be able to applaud your own victories. Why should they NOT dress how they want? Have you ever been to Mardi Gras?? Do you complain of women showing their breasts for beads? Have you seen ONE get arrested for it, regardless of the numerous decency laws on the books there? When you seek acceptance, why would you settle for conformity???
Notice what picture made the newspapers and why it did...
...Enough said!
I'm actually not commenting so much on the article, and whether or not the guy was arrested. The African American and Latino parades to which you referred, don't include people running around the streets in thongs and there is a reason for that. They understand that that is not a good way to gain the acceptance of society. There are incredibly close-minded people that you have to win over and displaying your rear end in a set of a$$less chaps ain't the way to do it. My point is that this kind of behavior just might do more harm (for the LGBT cause) than good. As for the Mardi Gras thing- I agree with you. All people should be help to the same nudity/public decency standard.
Point taken!
I agree to a large extent but the whole thing about the gay/les community is they define themselves. There are going to be people (just like with Black & Latino, Native American, etc) that are just never going to accept them no matter what, so why bother?
A racist/sexist/homophobe has their mind made up regardless. That's what defines THEM. For people that are flexible and more sensible will just chalk it up to them being themselves.
I don't have issues with nudity. Only uptight religious zealots, like middle-eastern terrorists have a problem with nudity. It's how we were born in this world. If you're one of those "made in the image of" people, then why would you hide what your maker crafted? Are you ashamed of "Him"? If you are, then you're probably following the wrong system of beliefs.
But I also don't eschew the practicality of clothing either - it keeps you warm when it's cold, it keeps the sand out of the places you'd be pretty sad if they were full of sand, and it keeps the hot cony sauce from landing directly on your junk.
I only have issues with idiots like you. For thousands of years mankind has learned being naked is stupid, unhealthy, disgusting and NOT desirabel. ONLY idiots think thousands of years of sane people and the VAST MAJORITY that voted to make laws making nudity or wearing next to nothing IN PUBLIC something they did NOT want.
Wow, someoneelse. You got sources for that BS? Thousands of years, huh? Well, humans and our nearest predecessors have been around for MILLIONS of years, and have almost always run around nude.
Perhaps you could tell me when the "vast majority" voted against wearing bathing suits (not that any "majority" is allowed to rule on issues here in the USA).
Jim: Well said.
someoneelse:
I think you need to reread - I don't have a problem with the practical aspects of clothing. But to claim nudity to be unhealthy or disgusting - I would ask, do you believe you were made in the image of your god? Is your god unhealthy or disgusting?
If you're a prime example of his followers, I'm disgusted.
Obviously the cop was a bigot
WHY ?....because this guy was defiant and disrespectful...all he had to do was sign the ticket...instead he refused and dared the officer to arrest him. Right or wrong, he clearly showed no respect. He obviously was argumentative with the officer, and regardless of the circumstances, ANYONE IN ANY SITUATION WHO DEFIES THE POLICE WILL RECIEVE THE SAME TREATMENT.
Hey, he is MUCH more covered than some the women I see wondering around sometimes, and unfortunately some of the men. This is what Indians wore. It was a parade-there are parades where people dress like Indians. Even watching OLD cowboy and tarzan movies, this is how some are dressed. Are you going to arrest every one of them and make all those old movies "X rated"? Sounds like a dumb officer (and most officers aren't and really are terrific people) made a very stupid mistake-period. His "bad judgment" should be treated like any other case where they made a mistake.
eeewww
he was not at the beach or in the backwoods, he was down town and should have some respect for other around him who don't want to be mooned or otherwise shown things they don't want to see, and before somebody says then don't look, or stay away. People have to work in the areas where these parades are put on and have to cross the street they are blocking, so not a lot of choice to avoid the pain of seeing some joker fulfilling his fantasy.
Nowhere in the article did I read he was mooning or showing things. You are making assumptions.
I've seen more hang out at Academy Awards! Let it go!!!
Well if this guy is nude, doesn't that mean MSNBC is now a porn site for showing nude pictures?
Keep Will Walters away from your children.
Certainly there are better things to be worried about.
The issue is, "Was the guy naked"? NO! Fine, the cop was WRONG and should be repremanded.
Give the guy a leather biker-cops jacket and send him on his way. Put the cop on "desk duty" for a month, give him a written warning, and send him on his way.
Now let's move on.