Council Backs Effort to Ban Public Nudity
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Saying the issue is important to all cities, the City Council has unanimously voted to support Newport Beach’s effort in court to ban public nudity.
Newport Beach is appealing an Orange County Superior Court decision that ruled that public nudity is constitutionally protected and may not be outlawed by cities.
In its appeal, Newport Beach is arguing that the U.S. Supreme Court in a 1991 case ruled that local governments do have power to regulate public nudity.
An issue to be decided in the appeal is whether the state constitution or the federal constitution has jurisdiction.
La Palma City Manager Daniel E. Keen urged the City Council to support Newport Beach.
“The city of Newport Beach is currently involved in a lawsuit which challenges the constitutionality of Penal Code 318.5, which grants cities the authority to ban public nudity,” Keen said, adding that a city’s ability to regulate adult businesses could be affected by the case.
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