Activists get naked at the City Hall of San Francsico to protest the nudity ban – Dec 4th, 2012

On December 4th, 2012, 7 people (Gypsy Taub, George Davis, Kelsey Beyer, Danny Devero, Naty, Ray and Ckiara Rose, took their clothes off in an act of civil disobedience at the full board of Supervisors meeting after the nudity ban was passed in a narrow vote of 6 to 5. Ckiara Rose was the only one arrested, but DA dropped the charges later. Please come back to this page later for a full report.

7 thoughts on “Activists get naked at the City Hall of San Francsico to protest the nudity ban – Dec 4th, 2012

    1. Kevin

      Since you are passing it along, then have this info too:

      It is Sec. 851.8 of the Penal Code, which you can read here:

      http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=53203127877+0+0+0&WAISaction=retrieve

      And now looking at it again, I see that it would be easier in this case. Since there was no case filed in court, she merely has to operate under clause (a) and simply apply to the arresting agency to have the record destroyed, not the court. Still, factual innocence must be determined — although if they just agree on that, that is all that is needed. I note, I’m sure they would also want her to sign a document agreeing to waive all legal possibilities to sue over the arrest — otherwise they are not going to agree to factual innocence. So, you might as well offer that up front if they will agree to destroy the record, so they have no concerns.

      Of course, if the arresting agency denies, you could take the matter to court — but you would then have to present a solid case to prove factual innocence, as you will not have the OK from the prosecutor in that situation.

  1. Kevin

    Regarding the arrest of Ckiara Rose, I don’t know if anyone cares, but a booking means a criminal record that will remain for a long time to come, and will also end up on private company records that sell this kind of stuff. Oh, just a record of arrest, not a conviction, but records have a way of being used.

    So, I write to note there are laws in this state to provide for having the record destroyed — if you can meet the standards of the law. Basically, you would have to prove factual innocence. That is, the burden of proof would be on you. If you can show that, the court orders that the record can be destroyed. First it is sealed for a little while, and after the time specified in the statue, it is destroyed.

    Under a little known clause in that same statute, (d), you can have the record destroyed without showing factual innocence. Under that clause, if the prosecutor agrees, the judge can order the record of arrest destroyed. So, if the prosecutors are amenable, then you would not have to prove factual innocence. Of course, the prosecutors are not likely to be too quick to agree to it — unless perhaps they wanted to learn this new thing (I really doubt they even know it can be done — in fact, it is most likely that any lawyer you get will insist it can’t be done, but in fact it can), and test it out with you. Or, maybe they really think the matter is a big nothing and see no problem with losing a record.

    If you were looking for an excuse to highlight the matter, you of course could simply exploit this law to get a court hearing and make your noise — if you don’t really care about winning, because if you are going to make a showcase, you will go a long way to undermining your chances with the judge, who has plenty of discretion in this matter.