Case details

Police intervened when plaintiff refused to cover up: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On July 16, 2011, plaintiff Will Walters, 35, a Hispanic, gay male, was arrested for public nudity in violation of San Diego Municipal Code § 56.53(c) by the city of San Diego police officers and security at a lesbian, gay, bi-sexual, and transgender pride event. Walters claimed that he was falsely arrested and battered. He was later released on a bond. Walters sued Lieutenant Nieslit; Sergeant Mondesir; Officer Ramirez; Officer Gardner; “Officer 3329;” the officers’ employer, the city of San Diego; the event organizer, San Diego Pride; and the head of the event’s security, Shawn Chamberlain. Walters alleged that the defendants’ actions constituted violations of the Fourteenth and Fourth Amendments, false arrest, battery, negligence, and a violation of his civil rights under California’s Civil Code. Walters claimed that he was not nude, but dressed in leather gear that consisted of boots, a black gladiator kilt, black underwear, and a black harness with chrome rings. He claimed he had invested money in his gear and took special care to insure that he was compliant with the rules for the event. Specifically, he alleged that his underwear and kilt had completely covered his genitals, pubic hair, buttocks, perineum, and anus or anal region, as required by San Diego Municipal Code § 56.53(c). Walters claimed that after he bought a $20 ticket, he was admitted into the event and that his outfit passed with the event’s personnel who were manning the admission gates, as the event’s personnel ushered him inside. Walters claimed that even though he was admitted into the festival, Nieslit told him that his leather gear was “borderline.” He claimed that, later, while he was lining up for a drink, other officers approached him and forcibly escorted him outside. Walters alleged that the event’s security knocked his camera phone out of his hand as he tried to record the incident and that after refusing to sign a citation, he was arrested. Plaintiff’s counsel contended that the city’s policy, implemented by a police task force, violated Walters’ rights under the Equal Protection Clause of the Fourteenth Amendment. Specifically, counsel contended that the city’s enforcement of its public nudity law allows thongs, G-strings, and other skimpy bathing suits to be worn by participants and attendees at straight special events, but not by attendees and participants at the one, gay, special event. San Diego Pride entered into a pretrial settlement with Walters. The city’s counsel contended that the city would not tolerate discrimination against the LGBT community, or any other group, and that public nudity was enforced the same at pride festivities in 2011 as it was at every other special event patrolled by San Diego police, such as Mardi Gras, Comic-Con, or the Over The Line tournament. In addition, the city’s counsel contended that everyone who was asked to cover up at those events did, except for Walters, who, according to police testimony, was repeatedly asked to cover up, but stubbornly refused., Walters was handcuffed, arrested, and driven to jail, where he was placed in a single cell, visible to all inmates being checked in. Plaintiff’s counsel contended that the San Diego County sheriffs’ deputies encouraged the incoming inmates to ridicule Walters, who was wearing only his kilt and underwear, and that the deputies joined in on the verbal harassment. Counsel also contended that when Walters went from the hot environment of an overheated car to the air conditioned jail, Walters became cold, but that the deputies refused to give Walters any additional clothing or a blanket. However, upon his release from jail, Walters was ordered to change into clothing provided by the jail. Walters was released from the jail at approximately 2:15 a.m. on Sunday, July 17, 2011, after posting $190 bond. He had allegedly been given nothing to eat or drink since his arrest, about 12 hours prior. Thus, Walters claimed that he suffers from emotional distress as a result of the incident. Walters sought an injunction, and recovery of compensatory and punitive damages.
COURT
United States District Court, Southern District, San Diego, CA

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