In June 2004, about forty of us gathered at the Justin Herman Plaza, in front of the Fairy Building, in San Francisco, to ride our bicycles naked through the city as part of the World Naked Bike Ride Day, to protest the world's dependence on oil. This was an international event, and occurred on the same day in many cities around the world, see http://www.WorldNakedBikeRide.org. We rode down Market Street, Haight Street, and down many other primary streets in the city center, for about two hours, ending at the Golden Gate Park, where we rested for about half an hour. More then half of the participants left the group at that point, and the remaining group made a quick ride back to the starting point.
Indy Bay article: http://www.indybay.org/news/2004/06/1685103.php
Many of us had expressed a desire to do this on a more regular basis. A few weeks later, on Sunday, July 11th, on the National Nude Recreation Weekend, a small group of us gathered again to do another nude bike ride free speech demonstration, in honor of the National Nude Recreation Weekend, and to promote public nudity. We rode for about an hour and a half, again making it to the Golden Gate Park, where we rested for about half an hour. At that point, a number of the participants again, left the group, and the remaining five, Daniel, Christian, Paul, Dennis, and Dave, all men, embarked on a speedy ride back to the starting point.
Shortly after we left the park, we were stopped by the police, who have apparently been on the lookout for us for some time. We were told that someone had called in a complaint some time earlier. We sere told to "cover up", and were asked for our IDs. Soon there were five police cars and one bicycle patrol officer, 8 officers in total. One of the new officers was John Velasquez, badge # 742. He was older, and seem superior, as well as well irritated. I heard him ask the other office what they were doing, to which the other officer replied that they were going to run our IDs. Velasquez got noticeably angry, and said: "no, you cite them."
As I was the most active of the group at that point, and was requesting business cards of the officers, (I didn't get a single one,) and was recording the names of the officers, Velasquez on several occasions approached me and engaged in arguments with me, while we were all waiting for the other officers to do what they were doing. I pointed out to him that simply being nude in public was not illegal, and that we were breaking no laws. I also pointed out that any citations would most likely get dismissed any way. He was noticeably angry and irritated. He made several statements to me, in front of other witnesses, that I find interesting. He stated that he did not care about the courts, or the DA, and that he will cite us, and if stopped again arrest us. He made it very clear that he had no regard for the word of the court, and that his tactic would be to threaten, harass, and intimidate, any chance he would have. He told us that these citations will forever remain in the police database, and he did not care if the court will throw them out, if we were stopped again, it would be a repeat offence and we would be arrested!
It is a strong feeling that all five of us shared that we are being harassed and intimidated by personal issues of a single officer - John Velasquez. Also, had there been more of us on the ride back, and were we not left without a single female, the outcome may have been different.
The citation issued was clearly unlawful, and we expect the DA to do the right thing and throw out the case before it even goes to a hearing.
We were cited under section 314.1 of the penal code: Indecent Exposure. Section 314 of the penal code requires an "overt lewd & lascivious act" for an action to qualify as a violation.
San Francisco hosts many other events where public nudity is well accepted:
Here are a couple of relevant paragraphs we have come across so far:
"Simple nudity, absent a sexual intent, does not fall under section 314 of the California State Penal Code regarding indecent exposure, a misdemeanor offense. Indecent exposure involves the displaying of one’s genitalia in a public place, usually with the apparent intent to shock the unsuspecting viewer and give the exposer a sexual charge."
"In Re Smith (1972) and other court cases have found that the naked human body per se is not indecent. The court interpretations are what allow the “Naked Guy” and many others to walk the streets of Berkeley “au natural”. In San Francisco public nudity has long been an accepted staple at the Folsom Street Fair, Bay-to-Breakers Race, Gay Pride Day, hippy reunions, and many other public events."
Also, the following legal cases have been identified, so far, to support the dismissal of our citations:
In re Smith (1972)
Supreme Court of California, In Bank
People vs Gilbert (1972)
Criminal Court of the City of New York, Kings County, Part 2A2
People vs Hardy (1974)
New York Supreme Court
Goodmakers vs State (1984)
District Court of Appeal of Florida, Second District
The courts have spoken loud and clear: simple nudity is NOT a crime. The residents of San Francisco have spoken loud and clear: simple nudity is NOT a crime. When individual members of the law enforcement community decide to take matters into their own hands, and harass, threaten, and intimidate the innocent, we, the people must act! Although defending the five of us is a concern, a much bigger concern it to make sure that the harassment stops. No one wants to constantly face the risk of being hauled off to jail, have to post bail, likely have our cars towed, and have to go to court. We would like to pursue legal action against officer Velasquez and the San Francisco police department. What they are doing is not how the residents of the city want their tax dollars spent.
Daniel O. -
contact me
One of the five cited.
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