Man appeals ruling over loincloth arrest

A man arrested for wearing a revealing loincloth at the San Diego Pride Parade and Festival filed a notice of appeal Thursday trying to restart his lawsuit.

William X. Walters and his lawyer, Christopher Morris, said they were “baffled” with U.S. District Judge Cathy Ann Bencivengo’s decision to throw out his civil rights suit two weeks ago.

“I’m not sure why Judge Bencivengo decided to go this route but after a lot of discussion with my (legal) team, we have decided the stakes are too high and this issue is too important to just let it go,” Walters said.

The filed notice of appeal is the first step towards a review by the 9th U.S. Circuit Court of Appeals.

A statement from the City Attorney’s office read, “Judge Bencivengo’s 15 page decision was clear, well-reasoned and supported by the evidence. The appeal is without merit and we are confident that the District Court ruling will be upheld.”

Morris also announced his client had settled with San Diego LGBT Pride, a co-defendant in the case.

“I think that removes a lot of the complicated discomfort that some people have with this case,” said a spokesman for Walters, Thom Senzee. “A gay man suing Pride has been an unfortunate circumstance.”

Walters attended the festival at Balboa Park in 2011 wearing a gladiator-style loincloth that exposed part of his behind, according to court documents. The outfit was described as having a back flap that “was very loose, that would move around very freely,” court records say.

Walters was approached by police inside a beer garden, where he was asked to cover up. He refused and was ultimately arrested.

Walters sued the city, police officers and the festival’s organizers, accusing them of unequally enforcing the city’s nudity law based on sexual orientation. The judge dismissed that claim.

“There is nothing on the record that reasonably suggests sexual orientation had anything to do with the decision to insist upon compliance” with the law, Bencivengo wrote.

Morris, standing with Walters, displayed photographs taken at the Over The Line event held on Fiesta Island each July. One photo was of a woman in a bikini from 2012. The other was of a woman in a revealing thong swimsuit, taken during an unknown year.

“I think one of the things we need to really focus on is making sure the court asks the right question,” he said. “The question is... is there evidence of a different standard being employed when it comes to public nudity at straight events, or at the beach, or at Over the Line, than there is at Pride.”

Morris said he’s confident the appeal will be successful.