plicit Players of Berkeley, Calif. are not your average garden variety theater troupe. That's because they never need a costume designer. All their street theater performances are given in the nude. \n There have been times when their au naturel presentations have resulted in arrests for violation of public nudity laws. But the last time that happened, two years ago, a jury acquitted the actors. The jury decided that the X-plicit Players were only availing themselves of First Amendment rights to free expression. \n Not to be outsmarted, the Berkeley City Council passed a new anti-nudity law in July, which lowered the gravity of the offense. Now, police can issue tickets for public nudity which carry fines but no right to a court trial. \n Unable to bare it any longer, the X-plicit Players have sued the city, the mayor and the police chief in federal court, arguing that the new law is an unconstitutional restriction on free expression. A hearing before U.S. District Court Judge Claudia Wilken is scheduled for Oct. 23. \n The lawsuit was filed earlier this month, just before the 7th annual Berkeley Nude and Breast Freedom Parade to protect participants. Apparently the parade went off without a hitch or a stitch. \n A spokesman for the Players said a lot of time has been spent trying to educate the city council about the kind of non-sexual performances that take place. However, most council members have declined to attend any performances. The council is simply out of step with community values, the spokesman said. \n City attorney Manuela Albuquerque insists Berkeley's law is constitutional. She said the city allows nude performances in a theater but not outside where they can be seen by children or adults who do not want to see them. \n The Players, meanwhile, insist this law is flawed because it does not exempt artistic expression, which is constitutionally protected.
All models were at least 18 years old at the time of their performance. 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.
