Hightower

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

EDWARD M. CHEN, United States District Judge

I. INTRODUCTION

Plaintiffs Oxane “Gypsy” Taub and George Davis have filed a class action against Defendants the City and County of San Francisco, two members of the Board of Supervisors (in their official capacities only), and the clerk of the Board of Supervisors (in her official capacity only), alleging that the enforcement of a San Francisco ordinance that bars nudity on, e.g., public streets and sidewalks violates their First Amendment rights. Currently pending before the Court is Defendants’ motion to dismiss.

II. FACTUAL & PROCEDURAL BACKGROUND

At issue in this case is the validity of a San Francisco ordinance which bars nudity on, e.g., public streets and sidewalks. Plaintiffs initiated this lawsuit as a facial challenge before the ordinance was even adopted. The Court granted Defendants’ motion to dismiss Plaintiffs’ initial complaint, with leave to amend. See Docket No. 26. Subsequently, the Court granted Plaintiffs’ request for leave to amend its complaint' again. See Docket No. 83. Plaintiffs filed a second amended complaint, challenging the…