A United States District Court judge has denied San Diego LGBT Pride’s motion to dismiss charges that it violated Will Walters’ civil rights by inciting police to falsely arrest him and falsely accuse him of violating San Diego’s nudity code by wearing a leather kilt to the 2011 LGBT Pride festival. Judge Bencivengo did however grant Pride two procedural dismissals.
Walters’ lawsuit, which is now set to move forward, seeks an award for damages, plus apologies from San Diego LGBT Pride and the San Diego Police Department, as well as a joint plan from both agencies that demonstrates how future Pride festival attendees will be kept safe from discriminatory enforcement of laws.
In her denial of Pride’s motion Judge Cathy Ann Bencivengo of the U.S. District Court for the Southern District of California wrote, “Plaintiff sufficiently alleges a civil conspiracy to selectively and more rigorously enforce San Diego’s public nudity law against gay men at the Pride event.”
Walters is encouraged by Judge Bencivengo’s ruling to allow his case to move forward.
“In her wisdom, I think Judge Bencivengo looked at the facts and saw that my allegations against Pride and the police are strong enough to go to trial,” Walters said. “When you’ve had the rights you take for granted every day violated, you want to know that the court cares enough to let you make your case against whoever violated your rights. I am delighted by the judge’s decision.”
Commenting on the ruling, Joe Mayer, co-chair of San Diego LGBT Pride said, “The judge threw out two of the claims against us and the next stage is a motion for summary judgment and we’re hopeful that the judge will then dismiss all claims against us.”
