Public nudity in Berkeley, Calif. is no longer a misdemeanor. The City Council lowered the severity of the offense to a mere infraction. That's the good news for nudists.\n Here's the bad news: Those who are guilty of infractions face an automatic fine levied by the police of $100 for a first offense, $200 for a second offense and $400 for all subsequent offenses. And, because an infraction is at about the same level as a parking ticket, there is no right to a jury trial.\n The change in the municipal code has been attacked by X-plicit Players, a local theater group that performs in the buff. A director of the ensemble, Marty Kent, said it was the council's way to discourage their performances after two of their members were arrested for public nudity in 1996 and later acquitted. A jury ruled that the arrests violated the First Amendment. Overall, the no-clothes theater troupe has been charged with breaking the law five times.\n A city councilman who voted against the change agreed that the theater group was responsible for the action. Kriss Worthington said the new law is only a scheme to deprive nude actors of their jury rights.\n A councilwoman who was in favor said the players can still perform but at a cost. "If it's important to them, why, then raise the funds and pay it," said Betty Olds.\n The X-plicit Players are considering a petition campaign to put the new law before city voters.
All models were at least 18 years old at the time of their performance. 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.
