San Diego man taking his loincloth to federal court

NBC San Diego

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."

More content from msnbc.com and NBC News

US News on msnbc.com on Twitter and Facebook

Discuss this post

Jump to discussion page: 1 2 3 4

Will the US become the modern day "Sodom and Gomorrah"?......Well it sure seems that way! We are certainly cursing this country. I hope everyone figures this out before its too late! But i doubt it! But people will be angry about this comment, but its no different than calling people "bigot's and Homophobes"! And the people of Sodom and Gomorrah didnt like the truth either.

  • 2 votes
Reply#86 - Wed Mar 14, 2012 2:12 PM EDT

Troy if you truly believe in the bible than your already committing a sin. How? Because as it says Adam and Eve were the first humans ever made by God. So therefor they consumated a child. Who is this child going to make love to when he or she had grown up? The only one they could would be one of their own parents. So therefor we are all related in some way. So stop hating on your brother.cousin,uncle,or whatever Yes Yes people I know this is quite a stretch but for all those religious nuts out there this is very true whether you like to admit it or not. I pissed off the church that had been protesting soldiers funerals with the same logic. Anyways this guy should not of been arrested nothing was showing. And again Troy if we were to follow Gods given laws than everyone would be going to hell as everyone breaks one or more of the ten commandments as they grow up. We all lie to our parents atleast once as we dont know any better but it dont matter if we are to follow the bible 100% that means we all will go to hell because we are supposed to follow the 10 commandments to the letter!

    #86.1 - Fri Mar 16, 2012 3:03 PM EDT
    Reply

    "Bordered on illegality"....yeah, that does NOT make it illegal! This cop was way out of line......he probably just arrested him because he felt uncomfortable and that it was a personal inconvenience. This man was not harming anybody.

    • 2 votes
    Reply#87 - Wed Mar 14, 2012 2:17 PM EDT

    idiot should have signed the cite and appeared in court to contest it. must have been too busy playing grab a$$ with his fellow homosexuals.

      Reply#88 - Wed Mar 14, 2012 2:19 PM EDT

      Come on, let's get real here! Since when is a loin cloth nudity? If a female can wear a bikini then a man can wear a loin cloth.

      • 1 vote
      Reply#89 - Wed Mar 14, 2012 2:21 PM EDT

      Okay......Here is the real root of the problem! I will never bring my children to a place where people can dress like that, just to make a statement! So most people who have children in this country feel the same way. Here comes the problem........Homosexuals pushing there agenda on the country and they think we "strait people" should have to just deal with it! But thats just extremely selfish and arrogant! because "having children" isnt part of there agenda and there concern! Be considerate to the people who have children to bring up the NATURAL way! Thats all im asking!

      • 1 vote
      Reply#90 - Wed Mar 14, 2012 2:30 PM EDT

      It was at a GAY EVENT dumbass! Of course you wouldn't take your children there. You, on the other hand might go alone to "do research"?

      You're an idiot Troy. Nobody's pushing their agenda on anyone except for the Teabaggers. Live and let live. If gays offend you, then stay out of their neighborhood and stop looking for it. You strike me as the type of person who is just "sniffing for it" so you can be offended and rant about it. I think you have the most posts on this topic.

      • 2 votes
      #90.1 - Wed Mar 14, 2012 2:38 PM EDT

      It was a public event! And i can tell the truth hurts!!!!! lol........I guess being considerate is too much to ask of you! What? did the fact that you "cant reproduce", hurt your feelings? WHAT A BABY! go cry me a river!

      • 1 vote
      #90.2 - Wed Mar 14, 2012 2:59 PM EDT

      Im not offended at all by gays, and they have "neighborhoods" now? lol ....I guess im a "teabagger" because i dont agree with you???? GROW UP!

        #90.3 - Wed Mar 14, 2012 3:06 PM EDT

        Im sorry STRAIGHT people offend you and have la-git arguments. This isnt all about you and your gay agenda. Its about A family "husband, wife, children" walking down the street not having to worry about there kids seeing two men sucking face wearing a costume that says" look at me"! And in the case of Gays, it doesn't matter because they cant have children together. So why would you care???? Thats my point about "selfishness!"

        • 1 vote
        #90.4 - Wed Mar 14, 2012 3:17 PM EDT

        There is NOTHING wrong with kids seeing it. If the kids are gonna see it and ask questions, it's important for their parents and adults in their lives to be OPEN enough to discuss it with them in an appropriate manner.

        If parents are worried about their children witnessing gay PDA, maybe they need to get rid of their OWN sexual hangups before they pass them on to their children.

        • 1 vote
        #90.5 - Wed Mar 14, 2012 7:07 PM EDT
        Reply

        And here I thought that California was supposed to be so Liberal Minded and Free-Spirited. What the Heck, have all of the Hippies gone Republican? In NYC's Greenwich Village nobody would even blink an eye at this.

        • 1 vote
        Reply#91 - Wed Mar 14, 2012 3:24 PM EDT

        Maybe people who dont want to see it are just sick of it!!........DO this in a stadium or something, so there is no problem!

          #91.1 - Wed Mar 14, 2012 3:32 PM EDT
          Reply

          Lets hope they throw the book at him.

          It's not native American attire. It's Tulip fashion and public nudity.............simple as that.

          If he wants to do that in private, fine, But in a paraid, yeah right .

          Guilty as charged !

          • 1 vote
          Reply#92 - Wed Mar 14, 2012 3:34 PM EDT

          It is not public nudity if his privates are exposed. You don't like it, look away.

          • 2 votes
          #92.1 - Wed Mar 14, 2012 7:08 PM EDT

          What the heck is a "Paraid" anyhow? Maybe some kind of bribed scorekeeper on a golf course? Par Aid?

            #92.2 - Fri Mar 16, 2012 5:51 PM EDT
            Reply

            Another incident that will get GLAAD panties bunched up and the world will have to hear about this for the next 2 weeks.

            • 1 vote
            Reply#93 - Wed Mar 14, 2012 4:02 PM EDT

            I worked at the same festival,and saw much worse....one lady was "wearing" 3 pieces of electral tape and all the cops just laughed and giggled like they were in junior high school.And another thing, They also served beer at this place and I didn't see one fight,and I can't say that about any straight festival I ever worked at...Not even the car race at NAS North Island OR the air show at MAS Miramar. I told my girlfriend about this and she just laughed and laughed.

              Reply#94 - Wed Mar 14, 2012 4:39 PM EDT

              If you're going to wear your loincloth, shouldn't you wear a feather?

                Reply#95 - Wed Mar 14, 2012 4:44 PM EDT

                While I don't see the need for walking around in public showing so much skin, I can't imagine how the officer felt he was indecent. As long as his junk is covered, it is not nudity. If we are well informed here, than it looks like the cop was out of line. To those that say he should just sign the citation and tell his story to the judge, why should he be put in that position if he wasn't breaking the law? Anyone here feel like going to court for no good reason? If this gentleman wins his case, the officer should be relieved of duty at least until he is properly trained.

                • 2 votes
                Reply#96 - Wed Mar 14, 2012 4:47 PM EDT

                Disgusting,please intervene

                  Reply#97 - Wed Mar 14, 2012 4:49 PM EDT

                  You think the human body is disgusting?

                  Or homosexuality?

                  • 1 vote
                  #97.1 - Wed Mar 14, 2012 7:12 PM EDT

                  #2 On the other hand it WAS an lgbt event,and shouldn't have been a problem.On the other hand just because we've @!$%# on our culture doesn't mean we want queens running around

                    #97.2 - Wed Mar 14, 2012 8:15 PM EDT

                    Ok, thanks for the clarificain.....

                    Now, you're not gonna be able to do anything about these events, and I REALLY think you need to get over yourself. If you don't like it, stay home, or go to a movie.l

                      #97.3 - Wed Mar 14, 2012 10:04 PM EDT

                      The human body is amazing and I'm ok w myself enough to say a guy is handsome{that guy was cute I guess,good bod]

                        #97.4 - Wed Mar 14, 2012 10:58 PM EDT
                        Reply

                        One of the best outcomes would be the arresting Officer losing his job for unlawful arrest.

                        • 1 vote
                        Reply#98 - Wed Mar 14, 2012 4:59 PM EDT

                        This guy is nothing more than a pantie waist jerk. Throw his backside out of court. I can just imagine the loudmouth toad while in jail.

                          Reply#99 - Wed Mar 14, 2012 6:08 PM EDT

                          Crap on the native american bull too. Its 2012 grow the hell up.

                            Reply#100 - Wed Mar 14, 2012 6:10 PM EDT

                            if his kahones or buttocks were not showing or if he is a she - his little boobies are out - it is perfectly fine to wear whatever one wants. This man obviously NEEDS attention. Most people who NEED attention - are EASY to spot. The point is - don't give into their ego's neediness and IGNORE THEM!!! If they are dressed, truly indecently, then arrest them. Simple.

                              Reply#101 - Wed Mar 14, 2012 11:42 PM EDT

                              Troy if you truly believe in the bible than your already committing a sin. How? Because as it says Adam and Eve were the first humans ever made by God. So therefor they consumated a child. Who is this child going to make love to when he or she had grown up? The only one they could would be one of their own parents. So therefor we are all related in some way. So stop hating on your brother.cousin,uncle,or whatever Yes Yes people I know this is quite a stretch but for all those religious nuts out there this is very true whether you like to admit it or not. I pissed off the church that had been protesting soldiers funerals with the same logic. Anyways this guy should not of been arrested nothing was showing. And again Troy if we were to follow Gods given laws than everyone would be going to hell as everyone breaks one or more of the ten commandments as they grow up. We all lie to our parents atleast once as we dont know any better but it dont matter if we are to follow the bible 100% that means we all will go to hell because we are supposed to follow the 10 commandments to the letter!

                              • 1 vote
                              Reply#102 - Thu Mar 15, 2012 3:24 AM EDT

                              Darun Ravi is a Hero.

                                Reply#103 - Thu Mar 15, 2012 4:54 PM EDT

                                It is clear, from the photo provided with this article, that Will Walters was not nude in public. All the police has to do was lift up Walters' loin cloth and they would have seen a thong. I'd have to say that Will Walters' fashion sense is pretty good.

                                  Reply#104 - Fri Mar 16, 2012 10:21 AM EDT

                                  Not only are you correct MJM but he also has a body our fellow Men should be striving for! Too many people are becoming overweight and obese I myself am 40 Pounds Overweight mind you that isnt too much but I be damned if I become obese! I am working hard to get it down and after seeing this young mans picture I definelty wanna strive for more! Something like what he has!

                                    #104.1 - Fri Mar 16, 2012 3:02 PM EDT
                                    Reply

                                    God even permitted nudity !!!

                                    Which way?

                                    i think you will get more here :

                                      Reply#105 - Tue May 15, 2012 3:59 PM EDT
                                      Jump to discussion page: 1 2 3 4
                                      You're in Easy Mode. If you prefer, you can use XHTML Mode instead.
                                      As a new user, you may notice a few temporary content restrictions. Click here for more info.